Can an antiwaiver provision itself be waived? In Gould v. Corinthian Colls., Inc. (2011) 192 Cal.App.4th 1176, the
Impeachment evidence – use or lose it?
What should you do with smoking gun impeachment evidence: use it during deposition or save it for trial?
Is a Breach of Fiduciary Duty Action Triable by Jury? Gist depends.
The California constitution guarantees the right to a jury trial for litigants in civil proceedings. But it is limited to
Attorney-Client Privilege: Assert it or Lose It
Today, privileged documents (ranging from emails to client memoranda to retainer agreements) are inadvertently produced to opposing counsel during the
CA Supreme Court Authorizes Use of Penal Code Section 496(c) in Business Tort Cases
Penal Code section 496(a) makes it illegal to receive any property stolen or obtained in any manner constituting theft,
California Employers May Compel Arbitration of Employees’ PAGA Claims
On June 15, 2022, the U.S. Supreme Court held in Viking River Cruises, Inc. v. Moriana that an employer
An Unwanted Birthday Party Costs an Employer $450,000
In 2019, Gravity Diagnostics employee Kevin Berling asked his office manager not
to have a birthday party because he had
Federal Judges Found to Have Decided Cases When They Had Financial Conflicts of Interest
An investigation by the Wall Street Journal found that 131 federal judges
presided over 950 cases between 2010 and 2019,
Courts Disagree Over Marital Testimonial Privilege Waivers
A married person has the right not to testify against that person’s spouse
(Evidence Code § 971) and not to
When May Shareholders be Liable for Corporate Debts?
The alter ego doctrine permits creditors and plaintiffs to pierce corporate
veils, making shareholders personally liable for corporate debts. The