Judges and Judiciary
A conversation with the chief justice of Bhutan
By Julie L. Kessler
I recently found myself in the landlocked Himalayan nation of Bhutan. Sandwiched between China and India, Bhutan is small -- j...
Summertime romances are great, just not with the summer associates, and other rules to keep in mind as law students flood law ...
Ethics/Professional Responsibility, Law Practice
Breach of fiduciary duty vs professional negligence
By Kenneth C. Feldman, David D. Samani
Armed with a recent appellate decision, trial courts should readily sustain demurrers where such causes of action are nothing ...
Native Americans, U.S. Supreme Court
Tribal sovereignty at the high court
By Jeremy K. Robinson
A recent Supreme Court ruling is an important decision and could expose tribes to new liability in state and federal courts.
It was April 29, 1992, and Los Angeles was on fire. The spark? A not-guilty verdict for the four Los Angeles Police Department...
Ethics/Professional Responsibility
Conflict of interest: current clients (Rule 1.7)
By David M. Majchrzak
If adopted, Rule 1.7 will be a remarkable response to the Supreme Court's letter rejecting the previous package of proposed ru...
Administrative/Regulatory, Environmental & Energy
Bill addresses private Proposition 65 enforcement
By Daniel J. Herling
Assembly Bill 1583 provides an effective enforcement mechanism for the California Safe Drinking Water Toxic Enforcement Act, a...
In a recent decision the Delaware Court of Chancery provided guidance on grants of equity awards to directors. ...
At the hearing held before U.S. District Judge William H. Orrick in San Francisco on April 14, the lawyer defending Trump's or...
Criminal, Immigration
Using our courthouses as bait is illegal and un-American
By Jeff Adachi
It was only a matter of time before the escalating feud between California and President Donald J. Trump has finally arrived o...
Civil Litigation, Judges and Judiciary, Law Practice
The Special Verdict Paradox: Part I
By Michael J. Raphael
If a jury finds that a civil plaintiff has proven each element of its claim, does it necessarily follow that the plaintiff has...
It was a relatively easy case for Judge William H. Orrick given the Trump administration's failure to carefully draft a detail...
Labor/Employment, Civil Litigation
Think twice before attempting to 'pick off' PAGA plaintiffs
By David S. Winston
While initially it may seem enticing to attempt to pick-off the PAGA representative, it likely would only increase the employe...
Adopting a mentality focused on planning but capable of improvisation is essential to solo success, particularly in a rapidly ...
Ethics/Professional Responsibility, Civil Litigation
Lawyer as witness (Rule 3.7)
By Raymond Y. Ryan
New proposed Rule 3.7 broadens the existing rule to render it unethical for an advocating lawyer to testify in the same bench ...
Ethics/Professional Responsibility, Law Practice
Advising or assisting the violation of law (Rule 1.2.1)
By Megan Zavieh
Under Proposed Rule 1.2.1, the lawyer's role in advising clients who intend to take their own unlawful actions is broadened.
Ethics/Professional Responsibility, Civil Litigation
Limiting liability to client (Rule 1.8.8)
By Jason E. Fellner, Caitlin T. DiMaggio
Proposed Rule 1.8.8 clarifies requirements to settle a malpractice claim with a current or former client, and keeps a complete...
Labor/Employment, Civil Litigation
Think about WARN exceptions before facing closure
By David T. Van Pelt
A recent Supreme Court decision reinforces a looming specter that employers often fail to focus on when facing imminent closur...
Intellectual Property
One year on: the federal Defend Trade Secrets Act
By Matthew M. Werdegar, Warren A. Braunig
As the DTSA celebrates its first birthday, answers to lurking questions about jurisdiction and ex parte seizures begin to emer...
Labor/Employment, U.S. Supreme Court
Good for employers: Title VII ruling brings 9th Circuit in line
By David B. Monks
Earlier this month the U.S. Supreme Court ruled that Courts of Appeals should largely defer to lower courts' decisions when po...
Judge Mark Arnold brings experience as a sheriff's deputy and DA to LA County bench.
The view of Justice Neil Gorsuch as "anti-civil rights" is flawed. The truth is more complicated.
California Supreme Court, Constitutional Law
Can private property be protected against the sea?
By Michael M. Berger
The California Supreme Court is about to hear argument in a case that will determine whether coastal property owners can prote...
Ethics/Professional Responsibility, Judges and Judiciary
Special responsibilities of a prosecutor (Rule 3.8)
By Gary Schons
If adopted, the proposed rule will not only restate the prohibition against maintaining charges unsupported by probable cause,...
Labor/Employment
What is sex?: Expanding LGBT rights under Title VII
By Wendy Mcguire Coats, Megan E. Walker
The widely discussed recent 7th Circuit ruling may expand protections not only to gay, lesbian and bisexual employees, but als...
Administrative/Regulatory
FTC guidance on promotional social media content
By Karl S. Kronenberger, Liana W. Chen
Many social media campaigns don't comply with FTC requirements of clear and conspicuous disclosures of advertising content, in...
Books, Civil Rights, Constitutional Law
Closing the doors to the courthouse
By Charles S. Doskow
In his new book, Erwin Chemerinsky addresses the plethora of jurisprudential and procedural doctrines that have the effect of ...
Corporate, Mergers & Acquisitions, Securities
Impact fund formation growing rapidly
By Sara L. Terheggen
The frequency in the number of impact funds being formed is growing significantly. And two trends are happening simultaneously...
Appellate Practice, California Supreme Court
Why does it take longer to affirm than to reverse?
By Kirk C. Jenkins
We found that whether the court affirms or reverses has a small but noticeable correlation to lag time in civil cases, and a m...
Criminal, Judges and Judiciary, Law Practice, Civil Litigation
The art of the direct examination
By Moez M. Kaba
Although a rousing opening statement and forceful closing argument bookmark a case, what counts most is the narrative trial la...