Antitrust & Trade Reg., Entertainment & Sports
Thanks for the memories, Paramount Consent Decrees
By Jeff Cohen
Recently, Assistant Attorney General Makan Delrahim announced a new policy for the Justice Department’s Antitrust Division: a ...
Entertainment & Sports, Intellectual Property
To have copied or not to have copied: That is the question for a jury
By Tre Lovell
Two high-profile cases have highlighted certain aspects of music copyright infringement litigation which have become quite con...
Intellectual Property, U.S. Supreme Court
PTO has booked a trip to the Supreme Court
By Sarah S. Brooks, Adam W. Kwon
The U.S. Supreme Court granted certiorari on a petition filed by the U.S. Patent and Trademark Office to review whether BOOKIN...
Labor/Employment
Uber's and Lyft's AB 5 Hail Mary: Optics aren't everything
By Ronald L. Zambrano
A rosy write-up doesn’t change the fact that drivers, under the alternative law, wouldn’t be paid for waiting time — as they w...
Admiralty/Maritime, Government
AI and the CCPA: Are they friends or foes?
By Nick Transier
Though artificial intelligence is hardly new, it has gone mainstream recently as businesses increasingly exploit their massive...
Health Care & Hospital Law, Labor/Employment
When does a hearing officer in a physician peer review hearing have a disqualifying financial bias?
By Barry S. Landsberg, Joanna S. McCallum
For 15 years, Yaqub -- which defined a nebulous and incorrect standard -- had stood as the sole published decision to squarely...
Alternative Dispute Resolution, Health Care & Hospital Law
Non-monetary class action settlements: 7 things you should consider
By Elliot K. Gordon
A key objective of some class actions is not only to obtain monetary relief for class members, but to secure changes to the wa...
How exact should I be?
By Frank H. Wu
On the one hand, I always want to teach students what is right, according to the black letter doctrine, while showing them amb...
California Supreme Court, Insurance
Ruling preserves life insurers’ ability to offer loans
By Tom Evans
The California Supreme Court held that life insurance policy loans are not subject to a provision contained in a 1918 initiati...
We’ve made another circuit around the sun and now’s the time of year for gift-giving. Our tradition at Exceptionally Appealing...
Insurance
Insureds still seek coverage for breaches under traditional policies
By Peter S. Selvin
While cyber insurance is specifically designed to address these kind of losses, insureds covered under traditional insurance p...
This, my December column occurs in the month when many readers may be vacationing, a perfect time to let it all “hang out” and...
A few months back, Judge Curtis Karnow opined that law school professors are “disconnected” from the real world of law practic...
Constitutional Law, U.S. Supreme Court
Gun control at the US Supreme Court
By Glenn C. Smith
Although the New York challenge could yield a landmark decision, it could also leave big questions under-resolved. The court c...
Ethics/Professional Responsibility
A non-uniform approach to obtaining informed written consent
By David M. Majchrzak, Heather L. Rosing
Professional listservs for attorneys often provide a fertile ground for seeds of hypertension for risk managers and legal ethi...
Ethics/Professional Responsibility, State Bar & Bar Associations
Making the State Bar complaint system ADA accessible
By Thomas F. Coleman
How would you answer these questions?
By Frank H. Wu
Like many teachers, I regularly tell my students there are no “stupid” questions; yet like many of my peers, I am not always s...
Constitutional Law, Government
Coastal Commission: Talk to the Dutch
By Michael M. Berger
In a nutshell, if you like living in the 21st century, watch your back. There is a movement afoot to reverse the steady march ...
The Founders understood bribery as dealing with the abuse of official power to secure a personal benefit. Because no federal c...
Bankruptcy
Thinking out loud about the new Small Business Chapter 11
By M. Jonathan Hayes
I haven’t had occasion to discuss the new Small Business Chapter 11 with a potential client so far. I’ve read several summarie...
Entertainment & Sports, Family
‘Marriage Story’: Checking the facts
By Lawrence P. Riff
Judge Lawrence Riff of the Los Angeles County Superior Court’s Family Law Division Baumbach got a lot right but a few things w...
Entertainment & Sports, Ethics/Professional Responsibility
‘Marriage Story’: Checking the legal ethics
By A. Marco Turk
Lawyers as a profession take unfair heat in many instances, but not in other examples. One of the areas where they are portray...
Constitutional Law, Government
Too difficult for our elected officials to work together?
By Kris Whitten
It was reported some years ago that, when they entered office, the Secret Service took away then-President Barack Obama’s Blac...
Private fund secondaries: Your end, my beginning
By Sara L. Terheggen
Historically, the market viewed secondary transactions as a sign of distress where sellers were pressured for liquidity and fo...
Why we watch
By Jeffrey Wolf, Carolyn Kraft
It was a Thursday night, on an otherwise uneventful news day with only presidential impeachment hearings as a backdrop, when n...
Five years ago, the IRS announced that bitcoin and other cryptocurrency was property. More recently, the IRS addressed hard fo...
9th U.S. Circuit Court of Appeals, Appellate Practice, Intellectual Property, Civil Litigation
Litigation is just stuff people do
By Charles M. Kagay
John Steinbeck is an American literary icon, and the recipient of the National Book Award, the Pulitzer Prize for Fiction, and...
State Bar & Bar Associations, Ethics/Professional Responsibility
Ethics: Dos and don’ts for lawyers managing online profiles
By Shawn Shaffie
The professional and ethical obligations which arise from attorneys use of online profiles is the subject of the recently publ...
Government, Education Law
New laws acknowledge bullying for what it is: a life-and-death matter
By Christa H. Ramey
In a move of critical importance, the California Legislature has acknowledged this reality by passing three new laws at the in...
Government
Changes to the notice requirements for H&S Code receiverships
By Samuel Emerson
California Assembly Bill 957 has amended language in Health and Safety Code Section 17980.7 changing the pre-litigation notice...