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It is a reflection of 19th century values that Fremont was tried and convicted of disobedience, but not of genocide.


The Field case reminds both plaintiffs and defendants that crafting evasive discovery responses can hurt you in the long run –...



Alternative Dispute Resolution, International Law


International arbitration has long been a favored form of dispute resolution because of its efficiency, finality, and other sa...


If government lawyers abandon professionalism under the pressure of politics, polarization and careerism, one pillar of our Re...


To date, Biggs has asserted he is a retired lawyer. Eastman is being investigated by the California state bar and Guiliani has...


Government, Health Care & Hospital Law, Military Law


Clear and unmistakable error is not defined in the statute, and efforts to parse the legislative intent have muddied the alrea...


Civil Rights, Education Law, U.S. Supreme Court


The Supreme Court decided Carson v. Makin (20-1088) yesterday, holding Maine violated parents' Free Exercise rights by excludi...


Labor/Employment


Some of my colleagues from the plaintiff’s bar have been quick to point out a potential silver lining in the outcome. I think ...


Data Privacy, Insurance


Three recent cases have affirmed coverage where a vendor has been impersonated and as a result the company sustained a loss.


Government, U.S. Supreme Court


Ginni is not a justice, of course, but this saga presents a test for the Supreme Court. Do these ceaseless revelations spur Ch...


California Supreme Court, U.S. Supreme Court



Constitutional Law, U.S. Supreme Court



9th U.S. Circuit Court of Appeals, Law Practice


My criminal practice causes me to appear in court almost every day. Those experiences have led me to believe that judges and l...


While this is being touted as a major victory for employers. It is not that. The Court makes clear that the State may deputize...


The challenge now is one of stemming the tide and reversing the growing public perception that SCOTUS no longer commands respe...


The Securities and Exchange Commission on Wednesday adopted a slate of new disclosure rules special purpose acquisition compan...


International Law, Technology


Jurisdictions are substantially consistent that current patent laws allow only natural persons as inventors. However, no juris...


Civil Rights, Government, U.S. Supreme Court


Egbert is disheartening because the court returns to its peculiar tradition of selectively shaving and trimming rights and rem...


Through the mediation of e-discovery issues, litigants can help address outsized litigation costs, curtail the time and costs ...


Appellate Practice, Law Practice, Litigation & Arbitration


In our view, it is a mistake bordering on malpractice for the respondent's counsel to put off the opening statement.


Appellate Practice, Law Practice


Dressed to deceive

Jun. 7, 2022

Dressing a client to mislead a jury? It’s time to call it what it is - rank deception - and somehow put some limits on it.


Civil Litigation, Law Practice


The 4th District affirming the agreement between San Diego and private lawyers may encourage more public-private partnerships ...


Administrative/Regulatory


These decisions will likely bring most SEC administrative proceedings to a screeching halt, at least in the Fifth Circuit.


Legal Education, State Bar & Bar Associations


A “non-exam pathway” would undoubtedly allow many students to obtain licensure who are not minimally competent. Internship pro...


Government, Judges and Judiciary


To combat misconceptions about our courts and return the public’s trust in the judiciary, it is essential for the entire legal...


To my ear the tone was tinged with derision. I tried to shrink my slight, elderly frame into the grain of my big leather chair...


Law Practice



Constitutional Law, Intellectual Property, Technology


The public debate around free expression and censorship ramped up when COVID skeptics, election deniers and conspiracy theoris...


Law Practice, Technology


Keeping up with changes in the law practice, including law tech’s benefits and risks, makes good business sense.