Newsletters

06.06.12

Sleeping With the Enemy: Can Corporate Counsel Be “Too Cooperative” With the Government?

In 1999, then-United States Deputy Attorney General Eric Holder issued the “Holder Memorandum”—a document that has come to profoundly impact the way in which corporations conduct internal investigations and deal with the government in the face of misconduct allegations.


05.29.12

Jointly Waiting on a Divided Federal Circuit

What happens when two or more actors perform steps in a “method” patent claim? The Federal Circuit may soon clarify, and this clarification may change the law.


05.16.12

A Sea Change in the Safe Harbor

To the delight of content owners everywhere, the Second Circuit Court of Appeals has become the first court in the country to rule that Internet Service Providers (ISPs) can be liable for copyright infringement even if they comply with the “takedown” provisions of the Digital Millennium ...


05.01.12

Ethics: Judges Corral Horses and Ostriches to Combat Bad Lawyering

Appeals are generally staid affairs, and appellate justices — jaded by experience — are generally slow to anger.


04.18.12

DLSE Issues Updated Guidance on Wage Theft Protection Act and Revised Notice Form

Effective April 12, 2012, California’s Division of Labor Standards Enforcement (the “DLSE”) updated the FAQs on the Wage Theft Protection Act, and also posted a revised “Notice to Employee” form providing an updated template that employers can use to satisfy the ...


04.04.12

Don’t Moot Your Own Appeal

If a party is unhappy with the outcome of litigation in the trial court, that party generally has the right to appeal the decision.


03.06.12

Time to Disqualify Judge on Remand Not Triggered by Remittitur

California Code of Civil Procedure section 170.6 allows prevailing appellants to disqualify the original trial court judge from presiding over a case after remand from the Court of Appeal by moving to disqualify that judge within “60 days.”


02.07.12

Divided 9th Circuit Panel holds Prop 8 Unconstitutional

This morning the United States Court of Appeals for the Ninth Circuit issued its highly anticipated opinion in California's Proposition 8 litigation.


02.01.12

The Cost of an Appeal: Interest Not Included

On Monday, January 23, the Supreme Court of California resolved a question regarding which costs an appellant may recover after prevailing on appeal. 


01.27.12

Recent Ethical Disasters: Appellate Courts' Responses to Bad Lawyering

Appellate courts often confront various forms of deficient lawyering, particularly involving questions of dishonesty and frivolity.