Your Skills

5 Tips to Avoid the In-House Expert Trap in the Federal Rules of Civil Procedure

By Michael Romey and Monica Klosterman |

Consider five practice tips for navigating FRCP Rule 26.

Small Drone Users Assess Appellate Court’s Decision to Bar FAA from Requiring Hobbyists to Register Drones

By Kristopher Kokotaylo |

On May 19, 2017, the D.C. Circuit struck down the FAA’s authority to issue registration requirements as to model aircraft. The Court’s ruling makes it unlikely that the FAA will attempt to further regulate hobbyist small UAS use absent new Congressional authority. However, hobbyist drone operators could ultimately face attempts by state or local agencies that seek to develop and administer new rules and regulations on model drone use.

Denton partners Randy Evans and Shari Klevens

Unique Ethical Risks for Litigators

By Randy Evans and Shari Klevens |

As with other lawyers, litigators must comply with applicable ethics rules, professional standards of care and professional obligations. Indeed, the California Rules of Professional Conduct and the California Business and Professional Code apply to all attorneys practicing within the state. But the obligations for litigators in applying those rules, standards and obligations can differ from other practices. The following issues can present unique challenges for litigators that are not faced by their peers in the profession.

Andrew R. Varcoe of Boyden Gray & Associates.

Op-Ed: Will the Ninth Circuit Rein in What Might Be 'the Most Important Lawsuit on the Planet'?

By Andrew R. Varcoe |

Does the U.S. Constitution guarantee a right to be secure against climate change? And do the President and his officers have a legal duty—enforceable by a federal district judge—to pursue and implement an effective strategy to fight climate change? These, to say the least, are cutting-edge questions. And the Ninth Circuit—which remains one of the most important environmental-law courts in the country—may be deciding them very soon.

Left to right: Randy Evans and Shari Klevens, Dentons partners

Evaluating Document Retention When Moving

By Randy Evans and Shari Klevens |

For many firms, part of moving involves streamlining materials, updating document retention protocols, and even disposing of files or equipment that are no longer needed. But a move also could implicate the firm's obligations to retain or destroy documents and client files.

Denton partners Randy Evans and Shari Klevens

Tips for Handling Motions for Sanctions

By Randy Evans and Shari Klevens |

Litigators locked in a heated dispute know that can be just a matter of time before one attorney raises the stakes by threatening to file a motion for sanctions. The unfortunate reality is that there has been a sharp uptick in motions for sanctions in recent years. In some instances, this reflects a lack of professionalism in the bar, where attorneys engage in improper conduct that inevitably leads to a meritorious request for sanctions. On the other hand, in other instances, attorneys use these motions as nothing more than a litigation tactic.

Elizabeth Cabraser, Lieff Cabraser Heimann & Bernstein

Op-Ed: VW Diesel Settlements Provide a Road to Justice for Consumers and the Environment

By Elizabeth Cabraser |

"This resolution empowers tens of thousands of consumers to take a stand and rid the environment of these polluting vehicles once and for all. At the same time, it sends a strong message to all powerful entities, particularly those that may think they are above the law."

Left to right: Randy Evans and Shari Klevens, Dentons partners

Four Tips for Protecting Confidential Information on Devices

By Randy Evans and Shari Klevens |

Law practices can consider these four steps to ensure that the risks posed by the most common threats are addressed.

California Supreme Court Weighs in on Rest Day Policies

By Sandy Rappaport |

The California Supreme Court in 'Mendoza v. Nordstrom' recently provided long-awaited clarification to California employers about how to interpret California's day-of-rest laws.

(l-r) Robert Shwarts, Michael Weil and Catherine Lui are partners in Orrick, Herrington & Sutcliffe's San Francisco office.

Happy Birthday DTSA: Lessons Learned From the First Year of the Defend Trade Secrets Act

By Robert Shwarts, Michael Weil and Catherine Lui |

As we come upon the first year of the Defend Trade Secrets Act, review some of the trends that have emerged.

Left to right: Randy Evans and Shari Klevens, Dentons partners

Exercise Caution When Investing in Clients

By Randy Evans and Shari Klevens |

For many attorneys, the prospect of investing in clients may set off alarm bells. Indeed, engaging in any type of business deal with a client implicates a wide range of potential issues, from ethical obligations to possible conflicts of interest. Although such investments can be ethical and proper, in most circumstances, attorneys presented with the possibility of investing in a client should tread carefully before deciding that it is proper under the circumstances.

Colette Reiner Mayer, an intellectual property partner with Morrison & Foerster in Palo Alto

Trump’s Impact on IP During His First 100 Days in Office

By Colette Reiner Mayer |

Although Trump has continued to say little that might foreshadow his positions on IP protection, his actions in his first 100 days since taking office have been somewhat revealing.

Denton partners Randy Evans and Shari Klevens

Remedying Inadvertent Disclosures With Clawback Agreements

By Randy Evans and Shari Klevens |

With the Federal Rules of Evidence (and Procedure), attorneys can protect themselves from the risk of an inadvertent disclosure. Being proactive by utilizing clawback agreements early in discovery is a significant, valuable step. Using these protocols can limit the damage if and when an inadvertent disclosure occurs.

Alexis Miller Buese is a partner in Sidley Austin LLP’s Los Angeles office and Livia Kiser is a partner in Sidley Austin LLP’s Chicago office

Public Injunctive Relief Cannot Be Forfeited in Consumer Arbitration Agreements in Calif.

By Alexis M. Buese and Livia Kiser |

The California Supreme Court just weighed in again on consumer arbitration agreements, and although the court gave a tip of the hat to the strong public policy favoring arbitration, it readily found the consumer arbitration provision invalid in McGill v. Citibank, No. S224086, Slip Op. (Cal. April 6).

Safia Hussain, left, and Ana Tagvoryan, right.

Proposition 65—A New Preying Ground for the Plaintiffs Bar?

By Ana Tagvoryan and Safia Hussain |

California Health & Safety Code Section 25249.5, et seq., more commonly known as Proposition 65, requires companies to provide special warnings to California consumers if the companies' products contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm, if those products expose consumers to such chemicals above certain threshold levels.

Julie Q. Brush, Solutus Legal Search .

Guidelines to Keep in Mind When Writing the Perfect Thank You Note

By Julie Q. Brush |

Sending a thank you note is a must after every meaningful professional encounter. And what may seem like a quick and easy afterthought, the content of the thank you—what you say or don't say—can play a bigger role than you think. So before you put pen to paper, I recommend that you give the content of your thank you some careful consideration.

Left to right: Randy Evans and Shari Klevens, Dentons partners

5 Tips for Replacement Counsel to Avoid Trouble

By Randy Evans and Shari Klevens |

Sometimes a representation does not go according to plan. Clients may be dissatisfied with the direction a litigation is going or perhaps disagree with a legal strategy employed by counsel.

Julie Q. Brush, Solutus Legal Search .

How Long to Stay in an In-House Job Depends on Your Career Goals

By By Julie Q. Brush |

The most appropriate length of time to stay in a role or in an organization company can be the same or different depending on how your role evolves over time. Also, the definition of "ideal length of time" is relative.

Left to right: Randy Evans and Shari Klevens, Dentons partners

How to Address Attorney Misconduct

By Randy Evans and Shari Klevens |

Given the demands and stresses of practicing law, substance abuse and depression are unfortunately an all-too-common occurrence among attorneys. When an attorney is impaired by disease or personal matters, it can be very uncomfortable for other attorneys at a law practice to decide how to handle the situation, especially when there is serious misconduct such as theft or other dishonest actions.

Left to right: Randy Evans and Shari Klevens, Dentons partners

Three Steps to Help in Handling Mistakes

By Randy Evans and Shari Klevens |

While attorneys may be vigilant and detail-oriented by nature, they are still human. Accordingly, mistakes can happen in the course of an attorney-client representation, even when attorneys take steps to reduce their risk overall.

Left to right: PJ Harari and Gigi Birchfield of Major, Lindsey & Africa

What It Takes to Work in Silicon Beach as a Lawyer

By PJ Harari and Gigi Birchfield |

The growing technology scene in Silicon Beach, home to more than 500 technology start-up companies, has shifted the economic tides of Los Angeles. As the third largest tech hub in the country, LA has put its unique stamp on the landscape with the intersection of media, tech, entertainment and marketing, followed by digital support of the medical industry. As this ecosystem grows, so too do their legal needs. For the legal industry, a world of unique opportunities has opened for lawyers looking for a new challenge.

Julie Q. Brush, Solutus Legal Search .

Looking to Move On? Get to Know the Best Hiring Cycles

By Julie Q. Brush |

Generally speaking, lateral associate hiring follows some defined annual cycles, but there is sporadic noncyclical activity as well.

Julie Q. Brush, Solutus Legal Search .

How to Get Off to a Good Start With Your New Boss

By Julie Brush |

When a new sheriff comes to town, it creates an air of mystery as well as anxiety among the town’s inhabitants. Who is this person? What kind of manager is this person? What is s/he like? Will I like my new boss? Will s/he like me? What will I need to do to succeed?

Julie Q. Brush, Solutus Legal Search .

Overcoming Credential Bias from Legal Recruiters

By Julie Brush |

In today's legal profession, academic credentials have diminished as a sole marker to determine a candidate's viability—but they still play a major role.

Julie Q. Brush, Solutus Legal Search .

How to Sell Yourself and Not Feel Like a Used Car Salesman

By Julie Brush |

The mere thought of it makes lawyers cringe. But the ability to "sell" oneself effectively is paramount to success for lawyers at all levels of the profession.

Left to right: Randy Evans and Shari Klevens, Dentons US partners

Advice for Advising Clients Across Borders

By Randy Evans and Shari Klevens |

A national or international practice raises some potential hazards, including the unauthorized practice of law and legal malpractice exposure under the laws of multiple states. These risks can be reduced or even wholly minimized with a few simple steps.

Julie Q. Brush, Solutus Legal Search .

I'm in a Career Rut. What Should I Do?

By Julie Brush |

it's critical to understand that in order to break your fear and paralysis­—and get out of your rut— the first major step will require a plan to gain self awareness of the professional you: your good and bad, likes and dislikes, wants and needs, musts and must nots.

Left to right: Randy Evans and Shari Klevens, Dentons US partners

The Ethics of Alternative Fee Arrangements

By Randy Evans and Shari Klevens |

As the legal industry continues to adapt post-Great Recession, alternative fee arrangements are becoming more prevalent.