Legal Industry

California’s Struggle Against the Federal Arbitration Act*

California’s Struggle Against the Federal Arbitration Act*

With the continuous upheaval in California’s interpretation of arbitration provisions, and the ongoing friction between California and federal courts, companies subject to the jurisdiction of California courts should be strategic in how to get the most out of their arbitration provisions.

Be Wary of How You Use Your Opponent's Privileged Documents

Be Wary of How You Use Your Opponent's Privileged Documents

Imagine you are a litigator and, after reviewing thousands of documents, you find an email that looks like advice being given to your opponent, by one of their own lawyers.  Before celebrating, take heed, when international law firm Gibson, Dunn & Crutcher LLP was placed in this very position, its actions led to its complete disqualification.

Why Your Smart Home Is Law Enforcement’s Greatest Ally

Why Your Smart Home Is Law Enforcement’s Greatest Ally

Americans are on track to place a recording device into nearly every home by the year 2020, and are paying a premium to do it. Beyond simplifying our everyday lives, smart home technology is creating and storing a treasure-trove of information on our actions and habits.  It should come as no surprise that law enforcement has begun to covet that information.

A Class Action By Lawyers, On Behalf of Lawyers, Against Lawyers

A Class Action By Lawyers, On Behalf of Lawyers, Against Lawyers

If you are a litigator, there is a very good chance that you have just become a member of a class action. Congratulations! This is because several advocacy groups (the National Veterans Legal Services Program, the National Consumer Law Center and the Alliance For Justice) filed a class action against the U.S. Government for overcharging users of PACER (Public Access to Court Electronic Records).

A Statutory Violation May No Longer Be Enough To Get You Into Federal Court

A Statutory Violation May No Longer Be Enough To Get You Into Federal Court

Under Article III of the U.S. Constitution, to establish standing in federal court, the plaintiff must have (1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision. However, Congress simultaneously has the right to create causes of action for per se violations of a statute. In other words, Congress can create a cause of action in a case where a violation was technically committed, but no actual harm was suffered.