By Derek Foran and Michael Komorowski | February 20, 2019
Staying on the right side of the 'Flatley' line in an era of social media publicity and a daily barrage of celebrity and political gossip can require finesse. Aggressive demand letters surely have their place, but lawyers and clients should be careful to stick to the facts of the alleged injury when building up leverage.
By William Stein and Myron Moskovitz | January 15, 2019
Take a few moments to remember these things—before you try your case.
By Sharon Baumgold | January 8, 2019
Your writ petition must demonstrate at least one 'Omaha Indemnity' factor—or more if you want a better chance that the appellate court will grant your writ.
By Ian Lopez | November 2, 2018
The Electronic Frontier Foundation's Andrew Crocker says that a controversial warrant employed in an FBI child pornography sting also recently waived on by other circuits is “really inconsistent with the idea of the Fourth Amendment.”
By Ian Lopez | October 26, 2018
The court agreed with appellant's argument that a magistrate judge issued a warrant beyond their scope, but found the investigators acted in good faith in executing the warrant.
By Ross Todd | October 15, 2018
Christopher Caldwell has been called on by a Ninth Circuit panel to argue for upholding the contempt of court finding against the former Maricopa County sheriff after the Department of Justice has indicated that it supports vacating Arpaio's conviction.
By Charles Kagay | October 11, 2018
From the perspective of appellate counsel, the choice is always clear: If you want your appeal decided on the merits, you had better be sure to have a real live reporter present to preserve your words of wisdom.
By Cheryl Miller | September 13, 2018
A new Ninth Circuit ruling confronts the clash between federal and state marijuana laws. "If [Charles] Lynch was not compliant with state law, he is not covered by the rider and is subject to the penalties of his conviction," the Ninth Circuit said.
By C. Ryan Barber | August 8, 2018
The Ninth Circuit, overturning a California judge, declined the U.S. Justice Department's push to apply the "sham marriage exception" to pierce protections accorded to marital communications.
By Charles Kagay | July 10, 2018
At the simplest level, "Espy" appears to be at best an incomplete guide to the question of whether presidential testimony can be compelled, since the decision addressed only a document subpoena.
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