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Oakland, CA 94612, United States

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Getting Edited Video into Evidence

With court time and patience at a premium, it may be best to introduce an edited version of a video recording into evidence instead of the whole—possible very long—version. But before you do this, you’ll have to authenticate…more
| Civil Procedure

Should You Handle That Misdemeanor Case?

You get a call from a family member, friend, or client who’s either been arrested or will be soon with a misdemeanor, such as a DUI. Maybe you’re new to practice or criminal law isn’t your usual area. Should you take on the…more
| Criminal Law

5 Ways to Leverage California’s New Unaccompanied Minors Law

The number of unaccompanied minors arriving at the US southern border in 2014 has been unprecedented, with California receiving a large number of these children. The California legislature made great strides in assisting these…more
| Civil Procedure, Immigration Law

How to Use Technology for Effective Cross-Examination

A good cross-examination should come off as scripted. California Evidence Code §767(a)(2) allows for leading questions on cross-examination, and a good trial attorney should lead the witness through the narrative using only…more
| Civil Procedure

10 Business-Related Torts to Master

If you handle business litigation matters, you need to be fluent in the most common business-related torts and their elements so you can spot the issues immediately—to either allege them or defend against them. Don’t feel quite…more
| Business Torts

To Call or Not to Call an Adverse Party or Witness

In civil cases, you can call an adverse party or witness in your own case. Evid C §776(a). But just because you can doesn’t mean you should. Before deciding to call an adverse party or witness, definitely check out this chart…more
| Civil Procedure

California State Bar to Undertake Second Revision of Rules of Professional Conduct

The California Supreme Court has returned to the State Bar 17 revisions to the California Rules of Professional Conduct that the Bar had previously submitted to the court. The court asked the State Bar to set up a second…more
| Law Practice Products & Services

5 Things to Do Before Deposing an Expert

Taking the deposition of an opponent’s disclosed expert entails more and different preparation than when you’re deposing a lay witness. Here are 5 things to do when prepping for an expert’s deposition…more
| Civil Procedure

Pizza and the Edge of the Trademark Universe

Can you trademark a pizza flavor? A recent decision says no and offers a glimpse at the edge of the known trademark universe. The doctrines of functionality and inherent distinctiveness, like the force of gravity or tendrils of…more
| Civil Procedure, Intellectual Property

Who Pays for Employee Cell Phone Use?

For many employees, their cell phones are always close at hand, whether at work or in their personal life. But what if the employer requires employees to use their personal cell phones for work-related activities? Then we have a…more
| Labor & Employment Law

Make These 4 Assumptions about Cybersecurity

It has been clear for some time that cybercrime isn’t an outlier in the spectrum of corporate risk. Yet many organizations have been slow to wake up to that reality, or having awoken, are unsure of what steps to take to manage…more
| Law Practice Products & Services, Privacy, Science, Computers, & Technology

Should You Move for Mistrial?

Certain things that happen during trial may be so improper and prejudicial that they deprive a party of the right to a fair trial. That’s when counsel may move for a mistrial. But just because you can doesn’t mean you should…more
| Civil Procedure, Constitutional Law

Keeping Tabs on a Bad Neighbor

When a conflict arises between neighbors, attorneys often recommend that their clients keep a record of events. A written log of dates and times is one thing, but a video or audio recording can easily step over the line from…more
| Civil Procedure, Privacy, Real Estate - Residential

2 Ways to Lose Credibility in Court

You likely start out with credibility in the eyes of the judge. After all, you’re an officer of the court. But that initial benefit of the doubt can easily slip away, and once you’ve lost your credibility, the case may not be…more
| Law Practice Products & Services

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
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