The Lost History of the “Universal” Injunction The issuance of injunctions that reach beyond just the plaintiffs has recently become the subject of a mounting wave of censorious commentary, including by members of Congress, a Supreme Court Justice, the Solicitor General, the Attorney General, and the President. Critics of these Read more
4 lessons we can learn as a profession from the pandemic In the seventh week of the pandemic lockdown, I went on a solo walk in the rain. A soggy pile of books on a Brooklyn sidewalk caught my eye. One lay open to a page with the title “Object Read more
I found this article in the Harvard Law Review by Professor Mila Sohoni, who has written a few impactful articles on administrative law. This article is an argument that national injunctions are not recent inventions, instead they are in conjunction with the long-established practices of federal courts. The issuance of Read more
In recent years, alternative forms of dispute resolution such as mediation have become a popular, efficient, and effective way to resolve disputes. Mediation is particularly expedient for resolving complex cases. The 2019 California Rules of Court define a complex case as “an action that require exceptional judicial management to avoid Read more
came across this very interesting article in a California legal blog . It is addressing the new legislation for qualifying independent contractors and the potential headaches this could cause employers. California’s hotly contested and closely followed AB 5 independent contractor bill, which would extend the ABC test beyond Wage Order Read more
I came across this article in the ABA Journal by Anna Persky and it reiterates the importance of utilizing technology for both our clients and within the firm. In 2019, law firms face a choice: Continue with the old-school model of providing clients with traditional legal services, or jump in Read more
I came across this article in the ABA Journal and it reminded me that every firm, either small or large, should always take measures to secure your information. In the ever-evolving world of legal technology and cybersecurity, it can be overwhelming to determine the right platform or vendor for a Read more
Found this article on the Harvard Law Review and found it sparking some interesting conversations about the balancing vs. structured decision procedures and which option might be best. Important doctrines in diverse areas of law employ structured decision procedures requiring, in rough terms, that the plaintiff first make some demonstration Read more
In modern litigation, there are very few tests that are as satisfying and potentially as impactful as winning the expert witness battle. While some wins are definitive and achieved in a blaze of expert-exclusion glory, most are accomplished through careful planning, methodical attention to detail, and, most importantly, an approach Read more
As discussed in our article on American Litigation, discovery is a unique aspect of litigation in the United States that is a tool that often decides the outcome of the litigation. By means of demands for production of documents, written questions submitted (interrogatories and Requests for Admissions) and depositions (oral examination Read more