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Practitioners and parties familiar with the SEC’s administrative proceedings avoid them whenever possible, preferring federal court. Recently such respondents have drawn hope from a spate of district court rulings suggesting that they may invoke constitutional grounds to have their administrative proceedings enjoined or re-routed to federal court....

California law treats probate conservatorship cases as quasi-criminal because the appointment of a conservator has a profound impact on the liberty interests of the proposed conservatee. California Probate Code §1827 therefore grants a proposed conservatee the right to a trial by jury regarding appointment of...

In my last post I discussed how an attorney ignorant of internet culture can harm a client’s reputation through a well intentioned but imprudent cease-and-desist letter. To balance that warning, there’s good news: a savvy attorney can use a cease-and-desist letter to help a client’s brand. People...