Last September, the Delaware Court of Chancery ruled that a Delaware choice-of-law provision and covenant not to compete in an...

This is my first column for the year 2019. It picks up some themes from my last column in 2018. You might consider the two col...

Intellectual property legislation is rarely front of mind for legislators, and more pressing concerns often leave IP proposals...

The subcommittee studying the "advisability of mandating errors and omissions insurance for attorneys" met on Dec. 7, 2018, to...

Since the ACA became embedded as part of the health care system, Americans without health insurance dropped from 16.8 percent ...

Litigants often face special obstacles to settlement on appeal. Sometimes, the appellant insists on a reversal of the trial co...

Whichever way the California Supreme Court decides will have monumental ramifications for the competitive and fragmented payro...

When a motion to disqualify is filed, tensions often run high. The attorney targeted by the motion may feel a mix of anger at ...

For many law firm partners, even those who run and manage law firms large and small, the idea that a law firm needs its own la...

Last month the Delaware Court of Chancery issued an important decision denying a motion to dismiss derivative litigation.

You have strayed from the traditions of legal literature. Where is the flair?

I wish we did not have to do so, but it turns out to be as difficult as it is necessary to debate facts. More than that, those...

’Tis the season for prognostication — from September through March, pundits and would-be pundits make their predictions, rangi...

Unfortunately for 1Ls, bar examinees, and litigants, claim preclusion can be complex. Its boundaries are fuzzy. It is one of t...

Let me suggest something for your 2019 reading list: Your insurance policy. Ok, I know that’s about as likely as Nancy Pelosi,...

Attorneys must be aware that a trial court will not tolerate motions to withdraw being used as a delay tactic or litigation ta...

In the law, are there exceptional forces with the power to revive an appeal from its grave? (Cue creepy organ music.) Indeed, ...

Joshua Groban, Gov. Jerry Brown’s final appointment to the California Supreme Court, was confirmed by the Commission on Judici...

It generally was concealed from the American public. President Woodrow Wilson, for example, was incapacitated by several strok...

California judges disagree about the exact nature of California’s standing doctrine, in particular the extent to which it mirr...

A recent Court of Appeal decision raised the issue of realigning California takings law with paramount federal authority. Why ...

With the implementation of many provisions of the Tax Cuts and Jobs Act, the drama surrounding the Donald J. Trump Foundation,...

The 50-year anniversary of California’s signing of the first no-fault law warrants a look back on the history of what this mom...

Separate but equal ... strength and agility tests ... don’t ask, don’t tell ... the history and laws of the United States are ...

Potential hires want to see a firm is advancing equal opportunity in all aspects of operations and practice, and taking concre...

What is the obligation to protect this privilege if the attorney is an employee of the business, serving as general counsel?

Family law proceedings almost exclusively deal with state law. At times, however, federal law issues come into play and when t...

The case asks whether punitive damages are available in a crewmember’s personal injury suit alleging a violation of the genera...

The controversial definition of “waters of the United States,” aka WOTUS, which establishes the reach of federal jurisdiction ...

As an investor, you obviously want to make a smart decision and invest in a thriving, growing, and well-protected company, but...