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Written Disclosure And Informed Written Consent: How To Handle Actual And Potential Conflicts Of Interest

Two friends from college email you: they want to start a business together.  Can you handle the paperwork? A family…

Op/Ed: The Truth about Costs of the LA County Drug Take-Back Ordinance

The Los Angeles County Board of Supervisors is considering an ordinance that would require pharmaceutical companies to operate and fund…

Watch Out: Increasing Scrutiny by the SEC of your Dealings with Regulators

I. The SEC Enforcement Trend There has been an emerging enforcement trend by the U.S. Securities and Exchange Commission (“SEC”)…

Battling for the Forum: Strategies Employed by Insurers and Policyholders to Secure and Protect the Most Advantageous Forum for Their Coverage Disputes

On March 3, 2016, Anthony Leuin and a panel of other distinguished experts on insurance coverage spoke at the annual…

When disaster strikes, will you know what to do?

When one imagines the aftermath of a natural disaster in the Bay Area, providing legal services may not be the…

On Trademarks

In the coming days, the long-standing IP fight between Apple and Samsung will finally arrive at the U.S. Supreme Court….

Breaking Up Is Hard to Do: A Primer on “Business Divorce” Litigation for Transactional Lawyers

INTRODUCTION Breaking up a business in California can be difficult, in some ways not unlike dissolving a marriage—emotional, expensive, and contentious….

TTAB Determination of Likelihood of Confusion May Have Preclusive Effect

It is not every day the Supreme Court gives trademark practitioners the chance to call a case “landmark” or “game…

Resumé tips for new lawyers

Despite continued improvement in the legal job market, competition for many entry-level and lateral positions remains fierce. Although the resumé…

On Litigation Skills – Oral Argument

Most litigators look forward to oral argument because we love the sound of our own voices. But we need to…

On Cross-Examination

Watching one of your witnesses be cross-examined is one of the most nerve-wracking experiences a litigator can have. By that…

On Litigation Skills – Thinking Fast and Slow

Thinking Fast and Slow by Daniel Kahneman is must reading for lawyers who want to improve their own judgments and…

Old Concept, New Law

Unlike the standard governing the capacity to make a will, California courts have not applied a uniform standard in evaluating…

Insider Trading: New Cases, But Still Old School Insider Trading

Its been almost two and a half years since Galleon’s Raj Rajaratnam was arrested, and since then the spotlight on…

On Litigation Skills – Discovery from Experts

Recent amendments to Rule 26 of the Federal Rules of Civil Procedure changed the disclosure and discovery requirements for expert…

Dancing on Direct: Direct Examination of Witnesses

Preparing for the direct examination of a friendly witness is like choreographing a dance scene in a movie. Whether you…

On Litigation Skills – Reader-Friendly Briefs

Writing a good legal brief is more a matter of craft than art. Most judges aren’t persuaded by eloquent phrasing,…

On Litigation Skills – Deposing a Hostile Witness

Taking the deposition of a hostile witness is difficult and stressful, especially when the deponent is not just adverse but…

Making Misconduct Matter – What to do (or not) when your opponent engages in misconduct

Most laypeople think lawyers get away with murder, and it’s often hard to disagree. Almost every litigator has war stories…

On Litigation Skills – Arbitration

There is a lot to like about arbitration because it has been shaped by the free market of clients and…

A Few Brief Words – Keep busy readers in mind when crafting your written arguments

Giving advice to lawyers about their legal briefs may seem even more presumptuous than some of my past articles because…

Direct Directions – Let the witness take center stage during direct examination

Most lawyers find it hard to get excited about preparing for a direct examination of a friendly witness. It’s not…

The Revised Uniform Partnership Act: An Introduction

A man named Colin comes into your office and begins telling you his legal problems: Eight years ago, Colin and…

On Litigation Skills – Speeding Up and Slowing Down

Speed kills, but it’s a double-edged sword. Thinking and acting quickly are crucial for good litigators, but going too rapidly…

Button Up – Resist the voluntary spirit when defending a deposition

In the last issue of this publication, I explained my approach to taking depositions. Now it’s time to cover the other…