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Civil Litigation

On Monday, the Northern District of California issued a ruling denying Facebook’s motion to dismiss for lack of subject matter...


Tax

At tax time, who actually owns that crypto?

Mar. 1, 2018
By Robert W. Wood

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

Feb. 28, 2018
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

Feb. 28, 2018
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

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

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

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?

Feb. 28, 2018
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

Feb. 27, 2018
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

Feb. 27, 2018
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

Feb. 26, 2018
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

Feb. 26, 2018
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

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

Feb. 26, 2018
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

Feb. 23, 2018
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

Feb. 23, 2018
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

Feb. 23, 2018
By Shari L. Klevens, Alanna G. Clair

The benefits of technology are not without their risks — particularly when it comes to emails.


Family

Family law with Jeffrey Blum

Feb. 23, 2018
By Jeffrey P. Blum

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

Feb. 22, 2018
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

Feb. 21, 2018
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

Feb. 21, 2018
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

Feb. 21, 2018
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

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?

Feb. 21, 2018
By Robert F. Tyson Jr.

Ask for it.


Appellate Practice, Law Practice, Civil Litigation

Proper planning prevents poor performance

Feb. 21, 2018
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

Feb. 21, 2018
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

Feb. 21, 2018
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

Feb. 21, 2018
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

Feb. 21, 2018
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...


Law Practice

21 tips for lawyers to make better 2nd drafts

Feb. 21, 2018
By Matt Sonne, Scott Sonne

My freshman year political science professor often quoted Ernest Hemingway's maxim that "the first draft of anything is sh**."