Ethics/Professional Responsibility, Government
Legal ethics: Duty to preserve rule of law
By A. Marco Turk
According to White House lawyers who have sworn to uphold and defend our Constitution, the document created by our founding fa...
Constitutional Law, Criminal, U.S. Supreme Court
Correcting capital errors would burnish the court’s image
By John Mills
My radical proposal is this: Where a state court misapplies — or even cites and then ignores — Supreme Court precedent, the Su...
Labor/Employment, Civil Litigation
The battle for the future of arbitration
By Stephen A. Rossi
The Freedom to Contract Camp vs. the Concerned Camp
Government, Labor/Employment
Despite snag in employee pay data reporting, pay transparency marches on
By Susan E. Groff, Christopher T. Patrick
California lawmakers have made pay equity a top priority and passed many related laws.
Intellectual Property, U.S. Supreme Court
Supreme Court hears whether Patent Office can collect employees’ salaries in defending district court actions
By Charles R. Macedo, Christopher Lisiewski
The latest term of the Supreme Court began with the high court answering the peculiar question of whether the Government can r...
Labor/Employment, Civil Litigation
Retroactivity of Dynamex and AB 5
By Cory L. Webster, Allison M. Scott
Despite a recent Court of Appeal ruling, uncertainty persists regarding Dynamex retroactivity
Civil Rights, Insurance, Letters
Insurer wasn't set up by claimants or lawyers
By Arash Homampour
As the plaintiff attorney in Madrigal v. Allstate Indemnity Co. (not the one who drafted the policy limits demand to Allstate)...
California Supreme Court, Constitutional Law, Labor/Employment, U.S. Supreme Court
NLRA may preempt AB 5 under the Garmon doctrine
By Mark S. Ross, Keahn N. Morris
While AB 5 may answer classification issues arising under state law, the new law’s possible application in National Labor Rela...
The point I try to impress upon students is it takes preparation. Even after 25 years in the classroom, I still need to review...
Constitutional Law, U.S. Supreme Court
What if electors don’t vote according to the popular vote?
By John H. Minan
States as a matter of state law may “require” electors to cast their vote according to the popular vote in the state. But what...
Administrative/Regulatory, International Law
Gearing up for the EU’s next regulatory push
By H. Mark Lyon
What should companies expect to see from the European Commission in terms of comprehensive artificial intelligence regulations?
Criminal, Letters
Clarifying bill to extend childhood sexual abuse statute of limitations
By Anthony De Marco
I thought it important to point out a few things in a recent article that are misleading in the description of what the bill d...
Ethics/Professional Responsibility, Law Practice
Getting the entire client: The good, the bad and the ugly
By Louie H. Castoria
When it comes to getting a new client’s complete file, you can’t always get what you want, but, in the words of the Rolling St...
Environmental & Energy, U.S. Supreme Court
The most significant Clean Water Act case in over a decade
By Adam Link, Andre Monette
On Nov. 6, the U.S. Supreme Court will hear oral argument in a case that will decide the future application of the federal Cle...
State Bar & Bar Associations, Ethics/Professional Responsibility, Law Practice
Rule 5.4 changes -- big changes -- may be coming
By Daniel O'Rielly, Dena Roche
Proposed changes to Rule 5.4 could open the door to nonlawyer investment in, and ownership of law firms, non-law firms providi...
Onset of vaping-related deaths implicates product liability law
By Lexi W. Myer
As the scientific probe into these injuries continue, the legal ramifications surrounding the sale and manufacture of vaping p...
Bankruptcy
Small businesses and creditors set to benefit from revisions to US Bankruptcy Code
By Breck E. Milde
In the first major revision to the United States Bankruptcy Code in almost 15 years, Congress recently enacted the Small Busin...
State Bar & Bar Associations, Letters
Setting the record straight on State Bar task force proposals
By Leah Wilson
In her Oct. 2 commentary (“Bar proposals will upend legal profession”), Erin Joyce makes several assertions about the State Ba...
How to stay golden when migrating from the Golden State
Compliments to copy editors and fact checkers
By Frank H. Wu
Both of these occupations are just about obsolete, like human computers as performing calculations for NASA to put a man on th...
Criminal, Government, Letters
California bill banning use of for-profit prisons is a game changer
By Jackie Gonzalez, Hamid Yazdan Panah
California is on the brink of passing one of the most comprehensive bills on incarceration and detention in the country. Assem...
Criminal, Judges and Judiciary, Military Law
California’s Veterans Treatment Courts
By Eileen C. Moore
The trauma of jail can set veterans on a backward course
Government, Intellectual Property, International Law
The DTSA and the China Initiative
By David S. Bloch, Xavier Brandwajn
What impacts have they had on civil trade secret litigation in the Northern District of California?
Corporate, Intellectual Property
Cannabis and craft beer: Insulated from tariff wars, still to protect trade secrets
By Dan M. Forman
Cannabis sales are safe from potential tariff wars as the international transportation of cannabis is not yet approved. Many c...
Criminal, Intellectual Property
Criminal prosecution of federal trade secret theft
By Sara J. O’Connell
Review factors that federal prosecutors consider when determining whether to bring criminal trade secret theft charges.
Intellectual Property, Labor/Employment, Civil Litigation
Enforceability of hold-out restrictive covenants increasingly in doubt in California
By Laura D. Smolowe
California's longstanding emphasis on employee mobility and unique skepticism of most noncompete agreements is well-known. Sti...
Intellectual Property, Civil Litigation
The inevitable disclosure doctrine in DTSA litigation
By Conor Tucker
The inevitable disclosure doctrine infers improper use and/or disclosure of a former employer’s trade secrets from the circums...
Corporate, Intellectual Property
Developing a trade secret protection program to reduce risk and increase court enforcement
By Mark Terman
Companies rely on trade secrets for competitive advantage. Theft of those assets hurts them by empowering competitors who have...
Why patent subject matter eligibility has innovators thinking about trade secrets.