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The Recorder

On Appeals: Think Outside the Cliché

For trial lawyers who are pressed for time during motion practice, making a point by cliché might seem like the simplest and most effective way to convey their message. But using clichés in legal writing can be a risky business.
6 minute read

The Recorder

In Trust Litigation, It's Best to Take the 'Appeal Now' Approach

There are some procedural issues, however, that civil litigators must approach differently in probate court. At the top of this list is the timing and availability of the “interlocutory” appeal.
5 minute read

The Recorder

How to Get Justice for Injured Motorcyclists: Learn the Codes

Despite repeated campaigns to raise awareness about rules of the road and reinforce “share the road” messages, cyclists continued to suffer death and serious bodily injury at an alarming rate.
5 minute read

The Recorder

On Appeals: Diligent Trial Attorneys Know How to Prepare for Possible Appellate Writ Petitions

Diligent trial attorneys know about another option when a trial court's ruling is erroneous and will wreak irremediable havoc in the case: in certain circumstances, the Court of Appeal will consider granting relief at midstream of litigation on a petition for extraordinary relief by writ.
6 minute read

The Recorder

Trade Secret's Inherent Value Part 2: Trade Secret Reasonable Royalties

This article considers an area in which differing perspectives on the fundamental goal of trade secret damages may lead to differing damages methodologies: reasonable royalty damages.
7 minute read

The Recorder

Calif. High Court Ruling: Good News for Defamation Plaintiffs

Courts must now determine whether a statement, even if the content touches on a general area of public interest, contributes to or furthers the public conversation on that issue of public interest.
6 minute read

The Recorder

Judicial Realism Is Dangerous

Judges reach decisions on matters before them, then find laws to support their predetermined result. They may ignore laws that dictate a different outcome and conveniently disregard prior decisions that have a bearing on the cases in front of them.
6 minute read

The Recorder

On Appeals: Lessons Learned From the Languishing Lace Cases

For the second time in five years, the U.S. Court of Appeals for the Ninth Circuit has breathed new life into Malibu Textile's claims that fast-fashion retailer H&M, among others, copied its lace designs.
7 minute read

The Recorder

Riding the Pre-IPO Wave to Estate Planning

The news has been highlighting the upcoming wave of initial public offerings (IPOs), and as these successful startups are preparing for their impending major liquidity event, there is tremendous buzz focused on how the market will be affected.
6 minute read

The Recorder

Deepfakes and the Growing Trend of Fabricated Video Evidence

Can you completely trust your evidence? Is it easy for a nefarious individual to fake a surveillance video and, based on this doctored material, convince a judge or jury to make a specific ruling or verdict?
4 minute read

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