Civil Litigation
Facebook ruling may encourage biometric-privacy actions
By Kamran Salour
On Monday, the Northern District of California issued a ruling denying Facebook’s motion to dismiss for lack of subject matter...
The fact that the IRS says crypto is property might prompt you to consider the concept of ownership. Wouldn’t it be nice if so...
Constitutional Law, Government, U.S. Supreme Court
Strange things are afoot in takings case
By Michael M. Berger
A petition for certiorari is pending in a strange takings case. Although few come in contact with this kind of taking, the leg...
Administrative/Regulatory, Corporate, Government, Labor/Employment
Trump’s labor board is going back to the future
By Robert E. Entin
Even though one can expect change at the NLRB whenever there is a new administration, the noise coming from the board over th...
Books, Civil Rights, Constitutional Law, U.S. Supreme Court
America’s least-known ‘civil rights movement’
In “We the Corporations,” UCLA law professor Adam Winkler chronicles the astonishing story of corporations’ fight to gain equa...
Administrative/Regulatory, Civil Rights, Entertainment & Sports, Civil Litigation
It will take a legal reckoning for athlete victims to get justice
By John D. Winer
As the euphoria of the Winter Olympics subsides, it's time to shine a spotlight on the explosive evidence against our country'...
Law Practice, Civil Litigation
Lawyers: Learn what body language is — and what it is not
By Phillip R. Maltin
You can’t read minds. Still, the field of body language is packed with junk science, some of which is delightfully funny.
Law Office Management, Law Practice
Should that partner stay or should that partner go?
By Daniel O'Rielly, Dena Roche
The best risk management approach for partner departures is to prevent the right partners from wanting to leave the firm in th...
Corporate, Civil Litigation
Ruling provides guidance on demand futility
By Allen L. Lanstra, Sarah Runnells Martin
A recent Delaware Supreme Court ruling grapples with due process concerns and demand futility.
Government, Judges and Judiciary
Judicial ballot reform is here
By Randolph M. Hammock
Now that it is election season, the legal community once again will turn part of its focus upon the upcoming elections for sup...
Employee status in the age of the gig economy
By James M. Nelson
A recent federal court ruling and a case recently argued before the California Supreme Court are the most recent installments ...
Constitutional Law, Criminal, U.S. Supreme Court
Ruling will change plea agreement practices
By David W. Fermino, Lyn R. Agre
Last week, the U.S. Supreme Court held that a guilty plea does not inherently waive a criminal defendant’s right to subsequent...
Administrative/Regulatory, Government, Civil Litigation
Is your administrative appeals process fatally flawed?
By Matthew S. Kane
A recent Court of Appeal decision signals the need for local public entities to evaluate their administrative appeals process ...
Appellate Practice, California Courts of Appeal, California Supreme Court, Civil Litigation
One little writ, big class action changes
By Ben Feuer
Once in a rare while, the Court of Appeal will consider a writ petition that raises an issue of first impression, and publish ...
9th U.S. Circuit Court of Appeals, Corporate, Civil Litigation, Securities, U.S. Supreme Court
The impact of Digital Realty
By Alex G. Romain, Jenna G. Williams
“Nothing in [the] opinion prevents the agency from enumerating additional means of SEC reporting.” Whether the agency will do ...
Administrative/Regulatory, Government, Tax
The tax act and exemption application updates
By Erin Bradrick
Much of the talk relating to nonprofits and exempt organizations over the past few months has been with respect to anticipated...
Ethics/Professional Responsibility, Law Practice
Inadvertent emails and confidential information
By Shari L. Klevens, Alanna G. Clair
The benefits of technology are not without their risks — particularly when it comes to emails.
Spoliation, restraining orders, and a child’s best interests
Civil Rights, Constitutional Law, Government, International Law
Poland’s Holocaust speech law could have broad effects
By Sassan Masserat, Eric B. Kingsley
Recently, the Polish government has come under fire for proposing legislation that would criminalize equating the Poles' compl...
Administrative/Regulatory, Constitutional Law, Government
The fight for net neutrality continues
By Anita Taff-Rice
A constitutional battle may be looming as the majority of states take action to shield consumers from internet service provide...
Corporate, Criminal, Law Practice, Civil Litigation
Navigating the media in high-profile cases
By Joshua G. Hamilton
When a company or individual is faced with a case that is likely to generate significant media attention, it is absolutely cri...
Civil Rights, Corporate, Law Practice
When the CEO is witness: a framework
By Chad S. Hummel
Jurors project their image and expectations of the top corporate executive onto the person who is on the witness stand and hol...
Appellate Practice, Law Practice, Civil Litigation
Appellate magic relies on trial lawyer preparation
By Ben Feuer
What looks so easy for a magician usually comes from a lot of practice and advance planning. Tricky devices set up just-so, pl...
Law Practice, Civil Litigation
Best way to get a large verdict?
By Robert F. Tyson Jr.
Ask for it.
Appellate Practice, Law Practice, Civil Litigation
Proper planning prevents poor performance
By Wendy Mcguire Coats, Megan E. Walker
Preparing for appellate litigation is as much about preparing to defend a win as much as it is about preparing to come back fr...
Law Practice, Civil Litigation
Planning, drafting and executing effective cross-examinations
By Bethany W. Kristovich, Maria Jhai
How can you best craft your cross-examinations to undermine your opponent's case and to remind the jury of your affirmative s...
Law Practice, Civil Litigation
Associates: tips for your very first trial
By Crystal F. Riggins, Laura C. Riparbelli
As a junior associate and aspiring litigator, few moments are more thrilling than learning you will be part of your first tria...
Law Practice, Civil Litigation
Beyond the form: use jury instructions to your advantage at trial
By Jason D. Russell, Hillary A. Hamilton
Jury instructions are among a trial lawyer’s most important tools in connecting with and persuading jurors, yet they are often...
Law Practice, Civil Litigation
Effective use of deposition video clips at trial
By Amy S. Park, Patrick Hammon
If used strategically, video clips of depositions can be an effective tool in presenting your case, while also undermining you...
My freshman year political science professor often quoted Ernest Hemingway's maxim that "the first draft of anything is sh**."