AppelBlawg

Qualcomm v. Broadcom - Lessons for lawyers & clients

    Will all of a client's communications with the his or her attorney be kept confidential?   Not necessarily.

Can Californians be Compelled to Arbitrate Fee Disputes with their Lawyers, or do They Have the Right to a Court Trial?

A series of recent court cases makes the answer to this question unclear. To top it off, federal law rather than California law may end up determining the outcome.

Indian Tribe's Sovereign Immunity Trumped by NLRB

    Indian tribal sovereign immunity suffered another blow when the United States Court of Appeals for the District of Columbia ruled that an Indian tribe was subject to the jurisdiction of the National Labor Relations Board (“NLRB”).  Should the tribe appeal the ruling to the U.S. Supreme Court?

Lawyers Need to be Extremely Careful in Business Dealings with Clients

    A lawyer obtained a business loan for a client, a baseball trading card company, saving the company's license with major league baseball.  In gratitude, the company promised to give the lawyer 3% of the company's stock.  The company went on to be wildly successful and the lawyer's stock became worth $33 million.  The company reneged on its promise.  The lawyer sued but the appellate court said too bad for the lawyer.  Could this be you, Mr. or Ms. Lawyer?

Indian Tribe Is Subject to Campaign Contribution Reporting Laws

        The California Supreme Court has ruled that the Agua Caliente Band of Cahuilla Indians can be sued by the state's Fair Political Practices Commission for failure to report campaign contributions under the state's Political Reform Act.  In doing so, the court, in a 4-3 decision, held that the doctrine of tribal sovereign immunity from suit did not apply.  Should the tribe appeal to the U.S. Supreme Court?

Legal Malpractice in Indian Gaming Case (Part 4 of 4 - Getting Your Money's Worth)

        In the Dorsey & Whitney legal malpractice case, the firm charged above standard rates for its supposed expertise in Indian gaming law.  Did the clients get their money's worth?  In this last of a 4-part series, we examine whether clients in general, and the Dorsey clients in particular, get their money's worth when they retain a law firm for its specialized expertise.

Legal Malpractice in Indian Gaming Case (Part 3 of 4 - Who is the Client?)

        Dorsey & Whitney claimed that it never represented the individual investors who loaned money to the Indian tribe.  The court lambasted this argument.  In Part 3 of this 4-part series, we examine the issue of : "Who is the Client?"

Legal Malpractice in Indian Gaming Case (Part 2 of 4 - Conflicts of Interest)

        In Part 2 of this 4-part series involving the Dorsey & Whitney legal malpractice case, the topic is conflicts of interest.  In the Dorsey case, there were conflicts not only between the clients but also  between Dorsey and its clients.

California Supreme Court Rules No Liability for Republishers of Defamatory Internet Statements

        The California Supreme Court unanimously ruled that anyone who republishes a defamatory statement on the Internet is immune from suit even if they intentionally distribute such statements.  Only the originator of the defamatory material is liable.  While the court recognized that its decision could have "disturbing implications," it said that any solution was up to Congress.  The potential for mischief is mind-boggling.

Law Firm Found Liable for Legal Malpractice in Indian Gaming Case (Part 1 of 4)

        One of the world's largest law firms was found liable for legal malpractice in connection with its representation of clients who were dealing with an Indian tribe.  The court's written opinion sets out many warnings and guideposts for lawyers and clients alike.