Over the last few years, there have been a confluence of events and circumstances that are fueling encouraging levels of inter...
Contracts, Litigation & Arbitration
So you think you have a binding arbitration agreement?
You may have waived it. What California businesses and employers need to know.
Appellate Practice, Law Practice, Technology
The future of artificial intelligence in law firms
For the skeptics out there, AI’s impact on the legal industry is relatively nascent.
Attorneys are expected to get a “win” for the client and must be seen as taking a strong stand on their behalf. This is laudab...
The harsh reality is that if one of our peers crosses a line, we generally turn a blind eye, many times for fear of reprisal.
The amendments are largely technical updates supported and advocated by many franchisee organizations, but represent significa...
A recent federal district court decision illustrates the contours of the voluntary cessation doctrine and provides a roadmap o...
It’s been a bellwether year– procedurally – for the anti-SLAPP statute in cases involving lawyers.
Words are a lawyer’s stock in trade. Law is all about words: the interpretation of a statute or contract, the persuasion of a ...
The most effective lawyers at cross-examination ask only questions calling for a “yes” or “no” answer.
Employers who round time adjust employees’ hours worked might have made sense in a pre-technology era in which handwritten tim...
Code of Civil Procedure sections 225 and 229 specify grounds for a cause challenge based upon bias, either implied or actual. ...
We see a surprising number of briefs that level ad hominem attacks on the opposing party, opposing counsel, and the trial judg...
Data Privacy, Technology
The recent Minnesota district court decision suggests that a "data breach" triggering cyber coverage may occur where a bad act...
The Legislature could preserve daily overtime generally while providing scheduling flexibility by allowing individual employee...
Military Law
The Commission voted unanimously on each of the names it recommended for renaming.
“[T]he Kartons [came] out swinging, apparently believing the best defense is a good offense. This approach demonstrates the tr...
With the Second Appellate District's partial publication of its decision in Allen v. Staples, Inc., 84 Cal.App.5th 188 ...
Family, Litigation & Arbitration
When a party acknowledges their mistakes and commits to correcting them, case settlement and better case outcomes are not only...
Though open-source software is offered for free, using it can carry hidden costs.
With stay-at-home orders and the limited availability of courts, we learned to negotiate – without threats.
Intellectual Property
One lesson is that a grant to a bare right to sue does not afford sufficient standing to assert copyright infringement.
The Class Action Fairness Act set off a “jurisdictional ping-pong game” where plaintiffs sought to have the case heard in stat...
Administrative/Regulatory, Judges and Judiciary
Special Masters: The court’s (not so) secret weapon
Now is the time for the expanded use of special masters. Over the past two and half years, Covid-19 significantly disrupted ci...
Civil Rights, Technology, U.S. Supreme Court
If the Court follows Justice Thomas and narrowly reads Section 230 only to protect “distributors” from “publisher” liability, ...
Government, Health Care & Hospital Law
If you care about a woman’s dignity and reproductive autonomy, you must investigate whether the state to which you are traveli...
The Supreme Court turned its attention to intellectual property in a big way in 2022, taking up cases that could significantly...
Two recently-accepted cases suggest that the Court is focused on assessing the power dynamics in common contracts and that ...
For attachment orders in financial elder abuse cases, we should never be Royals. This case clarifies and reminds practi...
Reverse stock splits are commonly used to avoid delisting, though they are generally seen as a sign that a company is in troub...