Consider five practice tips for navigating FRCP Rule 26.
Consider five practice tips for navigating FRCP Rule 26.
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.
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.
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.
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.
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.
"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."
Law practices can consider these four steps to ensure that the risks posed by the most common threats are addressed.
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.
As we come upon the first year of the Defend Trade Secrets Act, review some of the trends that have emerged.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
Generally speaking, lateral associate hiring follows some defined annual cycles, but there is sporadic noncyclical activity as well.
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?
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.
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.
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.
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.
As the legal industry continues to adapt post-Great Recession, alternative fee arrangements are becoming more prevalent.