Skills

Expert Opinion

New WOTUS Rule Could Have Widespread Impact

Samuel L. Brown and J. Tom Boer | September 20, 2018

Since the Supreme Court’s 2006 split-decision in United States v. Rapanos, successive administrations have struggled to define the extent of federal jurisdiction under the Clean Water Act (CWA).

Expert Opinion

Make Nice to the Court: Tips on How to Be Considerate

Myron Moskovitz | September 13, 2018

Recently, I was brought in by an appellant’s attorney to review his draft opening brief. I noticed that the precise language of a settlement agreement would play a very important role in how the appellate court decided the case.

Expert Opinion

Will My Lack of Law Firm Experience Come Back to Haunt Me?

Julie Q. Brush | August 22, 2018

In today’s legal environment, starting your legal career as an in-house lawyer as opposed to law firm associate is not the kiss of death that it might have been in years past.

Expert Opinion

An Attorney's Guide for Surviving the Social Media Age

Zach Warren | August 14, 2018

Robert Brownstone of Fenwick & West gives 8 Dos and Don’ts for legal professionals on social media. Don't shy away from LinkedIn, cloud services and other new tools, just be smart about using them.

Expert Opinion

Everything You Need to Know About Legal Malpractice Claims

Shari L. Klevens and Alanna Clair | July 03, 2018

By understanding the most common sources of legal malpractice claims, attorneys can take proactive steps to address issues before claims arise.

Expert Opinion

Connecting With a Recruiter to Keep Your Options Open

Julie Brush | June 08, 2018

I have a great job, in a good location with good people. But I don’t want to discourage recruiters from thinking of me for special opportunities. What is the best way to do this?

Expert Opinion

What Can I Do to Be Happier in My First Year as a Law Firm Associate?

Julie Brush | May 09, 2018

The topic of unhappy law firm associates seems to be popular these days. The discussion often involves the values of the Millennial generation and how these values clash with the fundamental nature of how law firms operate—and the people who run them.

Expert Opinion

On Appeals: Can 'Rizo' Help Eliminate Gender Pay Gap in the Legal Profession?

Kelly Woodruff | May 08, 2018

Most people are aware of Equal Pay Day, which is the approximate day the average woman in the United States must work into the new year to make what the average man made the previous year.

Expert Opinion

Should Musical Works be Entitled to 'Broad' or 'Thin' Copyright Protection?

Dr. Dariush Adl | May 07, 2018

A hotly disputed legal issue between the majority and dissent in the recent, highly publicized, U.S. Court of Appeals for the Ninth Circuit “Blurred Lines” decision in Williams v. Gaye, No. 15-56880, concerned whether Marvin Gaye’s 1976 hit song “Got to Give it Up” was entitled to “broad” or “thin” copyright protection.

Expert Opinion

Consider Retaining Outside Counsel for Ethics Issues

Shari L. Klevens and Alanna Clair | May 01, 2018

Handling ethics compliance issues can be one of the most difficult tasks inherent in running a law firm.

Expert Opinion

Supreme Court Upholds IPRs, For Now, But Profoundly Reshapes the PTAB’s Role

Q. Todd Dickinson and Fabio Marino | April 30, 2018

In the most anticipated patent case of the year, the Supreme Court recently upheld the CAFC in Oil States Energy Services v. Greenes’s Energy Group, supporting Congress’ power to institute inter partes reviews (IPRs) in the American Invents Act's (AIA) post-grant review process.

Expert Opinion

ICO Battlefields Proliferate: Preparing for Private Litigation and Regulation Now

Nicolas Morgan, Douglas Flaum, and Nate Brown | April 27, 2018

The popularity of cryptocurrencies and initial coin offerings (ICOs) has risen so dramatically that this year Merriam-Webster added definitions for both phrases to its most recent edition.

Expert Opinion

How to Score an In-House Job Without In-House Experience

Julie Brush | April 27, 2018

Whether you’re a litigator or a transaction lawyer, the lack of in-house experience can put you at a competitive disadvantage when applying for an in-house position.

Expert Opinion

Do You Need a Technical Degree to Make the Switch From Commercial Litigation to IP?

Julie Brush | April 25, 2018

Would a technical degree make you more marketable for IP litigation opportunities in the market today? Yes. Particularly if you possessed an electrical engineering (EE) or computer science (CS) degree.

Expert Opinion

Employers Hold Their Breath as Calif. Supreme Court Reconsiders Off-The-Clock Laws

Grant Alexander | April 24, 2018

On May 1, the California Supreme Court will hold oral arguments in the much anticipated case Troester v. Starbucks Corporation.

Expert Opinion

How to Ask About Compensation in a Job Interview Without Sounding Greedy

Julie Brush | April 13, 2018

For some, “comp” is deliberately discussed at the very beginning to qualify a candidate’s viability upfront. For others, it’s a topic that remains unaddressed until it’s time to talk turkey. But waiting to discuss money until the interview process is at completion is not a wise move.

Expert Opinion

Meritless Ninth Circuit Civil Appeal Getting You Down? Get It Decided—Summarily

Ben Feuer, California Appellate Law Group | April 11, 2018

Even meritless appeals that require little opinion-writing time can take a year or more to be processed by the court. The delay is made worse by the court’s seven judicial vacancies, with at least one more announced—nearly a quarter of the circuit’s allotment.

Expert Opinion

NDA Tips, Traps and Pitfalls: Best Practices to Avoid Common Errors

Rebecca Edelson and Chidera Anyanwu | April 11, 2018

Nondisclosure Agreements (NDAs) are making headlines daily—from President Donald Trump requiring his senior staff to sign them, to adult film star Stormy Daniels claiming she was coerced into signing one. Aside from these political and perhaps personal uses of NDAs, they are most commonly used in business and can be critical to a business’ success.

Expert Opinion

I Just Got Fired. How Bad Is This for My Career?

Julie Brush | April 10, 2018

Getting fired is not the end of the world … or your career. Far from it. Professionals are fired every day, in every way, at every level. And for various reasons too—from illegal behavior to politics to just a plain ol’ bad fit.

Expert Opinion

Interest on Escrow Funds? Yes, Even From National Banks, Says Ninth Circuit in 'Lusnak'

Richard Gottlieb and Diana Eisner | April 09, 2018

In a shot across the bow for national banks, the U.S. Court of Appeals for the Ninth Circuit ruled that such banks may not avoid paying interest on funds held in California escrow accounts. The reason? The California law does not significantly interfere with or impede a national bank’s exercise of its banking powers.

Expert Opinion

How to Write a Great Thank You Note

Julie Brush | April 04, 2018

Sending a thank you note is a must after every meaningful professional encounter. Blow it off and your candidacy could be DOA or your reputation tainted.

Expert Opinion

Should I Include a Detailed Background Summary on My LinkedIn Profile?

Julie Brush | March 27, 2018

I receive a lot of questions about the value and use of LinkedIn for career success. And as this “social” medium has become a more important tool for professionals, more people wonder about the impact of their information and behavior on the site.

Expert Opinion

#MeToo Wave Has Employers (and Their Insurers) Running for Cover 

Brian S. Kabateck and Nicholas R. Moreno | March 26, 2018

Following the wave of attention garnered by high-profile cases involving sexual harassment and assault allegations against supervisors, employers are seeking out whatever help they can to prevent similar conduct from occurring under their watch.

Expert Opinion

Be on Your Game: How to Crush Your Phone Interview

Julie Brush | March 23, 2018

The phone interview is the first mile marker in the job interview marathon. It’s a special situation because it’s not face-to-face and relies more heavily on the imagination.

Expert Opinion

Breaking Into the Bay Area Corporate Legal Market—a Primer

Paul Allen and Robert Brigham | March 23, 2018

No major metropolitan area in the United States is as ripe for the legal profession as the San Francisco Bay Area.

Expert Opinion

Supreme Court Narrows Whistleblower Protections Under Dodd-Frank

Jennifer Schwartz, Tammy Marzigliano and Amy Biegelsen | March 14, 2018

Employees must report to the Securities and Exchange Commission to state a retaliation claim under Dodd-Frank, internal reporting alone is no longer sufficient.

Expert Opinion

Should You Always Counter a Job Offer?

Julie Brush | March 08, 2018

The offer stage is often likened to a chess match: Watching. Waiting. Thinking. And strategically assessing your “opponent’s” moves … as well as your own. It can be a maddening period for both candidate and employer.

Expert Opinion

Social Media Divorces—5 Things to Avoid Posting During a Divorce

Marina Manoukian | March 06, 2018

In recent years, with the surge in the use of social media platforms such as Facebook, Snapchat and Instagram, married people’s activities on these sites have either become the cause of divorce or been used as evidence in divorce cases.

Expert Opinion

IMDB Ruling Allows Age, Gender Discrimination to Continue

Alexis S. McKenna | March 01, 2018

Theoretically, both the Federal and California governments have laws in place to protect any and all employees of age discrimination.

Expert Opinion

How Long Should a GC Stay at the Same Company in Today's Market?

Julie Brush | February 26, 2018

Many professionals view the role of general counsel/chief legal officer as the top legal spot in the in house world. It is a “goal achieved”—through years of hard work and career navigation. And it’s a legal position unique to any other… and is viewed as such by employers

Expert Opinion

Part 2: How to Assert and Defend Trade Secret Claims After 'Waymo v. Uber'

Harper Batts and Chris Ponder | February 20, 2018

In Part One of our article, we focused on lessons gleaned from the Waymo v. Uber trial on how to be better prepared to protect a company’s trade secrets. In this part, we focus on lessons from the trial that can help companies litigating trade secrets claims, as a plaintiff or a defendant.

Expert Opinion

On Appeals: (Don't) Take a Walk on the Wild Side

Maureen Dear | February 14, 2018

If I throw a birthday party at my house, and I suggest guests park a couple blocks away where there’s always lots of space, and, as my guest, you do that but get hit by a car when walking over, can you sue me for your injuries because my suggestion of where to park created a foreseeable risk of harm?

Expert Opinion

Taking Stock of New Employees and Their Computer Crime Baggage

Dan Terzian | February 14, 2018

When people switch jobs, both sets of employers face known risks. The former employers risk their former employees decamping with their trade secrets. And the new employers risk inviting trade secret lawsuits.

Expert Opinion

Make Your Own Luck. Here’s How to Do It

Julie Brush | February 08, 2018

Luck is earned. Through years of relationship building, skill development, career strategy, success, failure, crisis, perseverance, optimism and courage.

News

5 Takeaways From Tech Leaders' Content Moderation Conference

Caroline Spiezio | February 05, 2018

Tech companies' legal leaders and policy experts gathered at Santa Clara University School of Law on Feb. 2 for a day of panels on content moderation and removal.

Expert Opinion

Always Asking 'Why?': The Childish Trait That Marks a True Leader

Julie Brush | February 01, 2018

As young children, we begin our quest for the answers to “Why?” It’s an innocent curiosity that is present in every encounter, every conversation and every thought. And it’s part of the wonder of being a child. Discovering the world and what makes it tick.

Expert Opinion

Are More Companies Today Hiring Lawyers Straight Out of Law School?

Julie Brush | January 22, 2018

In today’s legal market, in-house opportunities for freshly minted law school graduates are slowly on the rise. And more newbies are choosing this path out of the gate if the opportunity arises.

Expert Opinion

Who Can Sue an Attorney—and How to Stop Them

Shari L. Klevens and Alanna Clair | January 17, 2018

Unlike some other torts, the class of plaintiffs who can bring legal malpractice claims against attorneys is fairly limited. Generally speaking, legal malpractice claims can only be raised by a limited set of people to whom an attorney owes a legal duty to exercise ordinary care, skill and diligence in the performance of professional services.

Expert Opinion

On Appeals: The Case for Interim Appeal by Certification in All California Civil Cases

Sarah Hofstadter | January 10, 2018

Imagine yourself in the following scenario. You represent the plaintiff in a case alleging breach of contract and unfair competition. Shortly before the case is scheduled to go to trial, the defendant files a motion on the pleadings to dismiss the contract claim, arguing that the contract is void under the statute of frauds.

Commentary

Unfinished Business: The Continuing Impact of 'Jewel v Boxer'

Shari L. Klevens and Alanna Clair | January 02, 2018

Like any other business, law firms sometimes fail. While the failures of large law firms are well-publicized, smaller law firms can be just as or even more susceptible to failure, as the unexpected departure of the firm’s most profitable partner can be devastating to a small firm.

Tips for Ensuring Compliance With Ethical Obligations

Shari L. Klevens and Alanna Clair | December 19, 2017

Most attorneys are aware of the ethical obligations owed to clients and take them seriously. However, instead of simply assuming that their attorneys are in compliance with their ethical obligations, law firms can take steps to assist attorneys when ethical issues arise and, where possible, minimize the potential harm to the client, attorney and firm.

Expert Opinion

How Important Is In-House Experience When Applying for an In-House Job?

Julie Brush | December 18, 2017

All things being equal, candidates possessing in-house experience still hold a healthy competitive advantage in today’s legal market. With this said, the requirement has been relaxed and the consideration is a bit more balanced due to the factors noted above, specifically at the junior levels.

Expert Opinion

Should a Resume Be One Page?

Julie Brush | December 12, 2017

I frequently see resumes that attempt to squeeze too much information onto one page in order to conform to this “rule”—and it really isn’t effective, or pretty. It’s like trying to squeeze into pants two sizes too small. Technically you might be able to do it, but at the end of the day … it just won’t look good.

Commentary

Tips for Limiting Risk When Using Contract Attorneys

Shari L. Klevens and Alanna Clair | December 05, 2017

In recent years, the use of contract attorneys has been on the rise as busy law practices reluctant to commit to hiring full-time attorneys instead choose to seek additional support on an as-needed basis. However, with the increased use of contract attorneys comes some (manageable) risks, including some that may be less than obvious.

Expert Opinion

How to Bypass the BS and Get the Dirt From Candidate Reference Checks (Part 1)

Julie Brush | December 05, 2017

In an employer’s ideal world, a candidate’s references would provide a treasure trove of information … from the minutiae of their legal experience to the skeletons in their closet.

Expert Opinion

Massive Data Breaches Boost Demand for Cyber Insurance

Brian S. Kabateck and Joana Fang | November 27, 2017

Cyber security risks have become more significant as we store more consumer financial and health information in electronic form. Hardly a week goes…

Should You Ask for a Raise After an Interim Title Bump?

Julie Brush | November 07, 2017

If the new role you are assuming has greater responsibilities, then asking for an increase in salary is reasonable. But before you embark on your quest for more, I recommend that you prepare and craft your request wisely. Because without a persuasive … and humble pitch, you won’t get very far.

How to Deal with a Micromanager and Come Out Way Ahead

Julie Brush | October 26, 2017

Being micromanaged … day in and day out … can be frustrating, infuriating and ultimately demoralizing. If too much time passes without a strategy to succeed in such a dynamic, your attitude/behavior will deteriorate—and compromise your professional reputation as well as your future career success.

News

Northwestern Law and Kellogg B-School to Launch Bay Area Tech Program

Angela Morris | October 25, 2017

Law students at Northwestern University Pritzker School of Law will get a chance to escape Chicago’s blustery winters and head to the Bay Area to immerse themselves in growing startups and high-tech companies.

Q&A

Q&A: USC's Hadfield on Law Schools, Client Needs, Legaltech

Ben Hancock | October 17, 2017

In this excerpt from an interview on Law.com's Unprecedented podcast, Gillian Hadfield talks about the challenges to revamping legal education, where law firms are failing, and why she thinks legaltech is also leaving a whole lot of the legal market underserved.