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Oakland, CA 94612, United States

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Idea-Expression Dichotomy Remains Key to Copyright Protection of New Technology

Can you state the difference between an idea and the expression of that idea? Don’t worry if it doesn’t slip off your tongue. This distinction one of the most difficult areas of copyright law but far from academic because…more
| Intellectual Property, Science, Computers, & Technology

10 Tips to Working Better with Your Paralegal

Attorneys spend a lot of time working with support staff, particularly paralegals, but get no training in law school on how to successfully navigate this important relationship. Here are some tips to help you get the most…more
| Law Practice Products & Services

Costs Claimed Out of Whack? Move to Tax Them

To the victor go the spoils. But that doesn’t mean the prevailing party can get whatever it wants in claimed costs. If you disagree with the costs listed in the prevailing party’s costs memorandum, file and serve a motion to tax…more
| Civil Procedure, Civil Remedies

The Bare Basics of Networking Events

So you want to attend that networking event at the local bar association but you’ve never done this before? Not to worry. Here are five tips to help you survive that first trek into networking…more
| Law Practice Products & Services, Law Firm Marketing

4 Preliminary Questions for Every Deposition You Take

Before you get to the substantive questions, make sure to ask these four important preliminary questions in every deposition you take. Is the deponent on medication or suffering from an illness? Ask questions about…more
| Law Practice Products & Services

Volunteers Cause Winery Woes

Volunteers and for-profit businesses shouldn’t be served together. That lesson has proved to be fatal for a small California winery. As reported by the San Jose Mercury News, Westover Winery’s “use of volunteer workers…more
| Labor & Employment Law

An Offer to Concede Your Expert’s Qualifications May Be a Trojan Horse

When you start eliciting testimony on your expert witness’s qualifications, the other side may offer to “waive the testimony concerning qualifications” or concede that the witness is specially qualified to testify as an expert…more
| Civil Procedure

5 Things to Cover in Your Initial Case Assessment

When a prospective client brings you a case, they’ll want to know immediately what you think. It’s rarely possible or wise to give a firm, unqualified opinion as to the likelihood of success, or even to recommend a particular…more
| Law Practice Products & Services

Using Social Media? Beware of Ethical Pitfalls (Part 2)

With the increasing use of social media by attorneys comes ethical risk. In Part 1 of the blog post, we discussed the risks involved with posting about ongoing matters and blogging without a disclaimer. Here are more tips to…more
| Law Practice Products & Services

Using Social Media? Beware of Ethical Pitfalls (Part 1)

Attorneys are using social media websites more and more. We’re visiting a variety of sites to promote our practices, communicate with our peers, and stay in touch with our clients. But social media presents many ethical pitfalls…more
| Law Practice Products & Services

Coordinate Your Discovery Methods

Often you can use more than one discovery method to get the same facts or evidence. You can take a pick-and-choose approach to your methodology, or better yet, use a coordinated approach that aims multiple discovery methods at…more
| Civil Procedure, Law Practice Products & Services

10 Tips for Drafting a Parenting Plan

When parents don’t agree on a child custody issue, the parenting plan is the tiebreaker. Given this power, family law attorneys need to draft parenting plans with the utmost care to make sure that uncertainty and ambiguity don’t…more
| Family Law

Be Ready to Oppose Motions in Limine

In limine motions are a great litigation tool—they get evidence admitted or excluded before it’s even offered. You’ve probably been advised to use them whenever appropriate. But opposing counsel also will have received this…more
| Civil Procedure

7 Facts Every Judge and Attorney Should Know When Domestic Violence Involves Strangulation

The arrests of Ravens running back Ray Rice and San Francisco 49er defensive tackle Ray McDonald have, once again, thrust the ugly specter of domestic violence into the forefront of American consciousness. One of the most…more
| Criminal Law, Family Law

Ever Heard of Implied Hearsay?

Most of us think about hearsay in connection with facts that are expressly stated. But an out-of-court statement that’s offered to prove the truth of the facts implied by the statement is also hearsay and inadmissible unless an…more
| Civil Procedure, Criminal Law
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