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Administrative/Regulatory, Health Care & Hospital Law, Civil Litigation

Government worried about proving intended loss in criminal health care cases

Mar. 4, 2019
By Byron J. McLain, Pamela Johnston

Three pending 9th Circuit decisions out of the Central District of California could alter how loss amounts are calculated for ...


Judges and Judiciary, Law Practice

Take a breath

Mar. 4, 2019
By Arthur Gilbert

When I use commas, it’s so the reader can take a break.


Civil Litigation

In the first installment of this series, we discussed general considerations and unique aspects of California's anti-SLAPP sta...


Appellate Practice, California Supreme Court, Law Practice

Oral arguments before the California Supreme Court

Mar. 4, 2019
By Myron Moskovitz

Over the years, I’ve watched quite a few oral arguments before the California Supreme Court. While watching, I tend to focus o...


Civil Litigation

Ironically, a law passed to help curb excessive litigation has only brought about more of it.


California Supreme Court, Labor/Employment, Civil Litigation

Did Timbs set up constitutionality problems for PAGA?

Mar. 1, 2019
By Maria Z. Stearns, Peter Hering

California employers may have an arrow in their quiver to challenge the constitutionality of California’s Private Attorneys Ge...


Constitutional Law, U.S. Supreme Court

In fact, the Supreme Court’s most important campaign finance decision came down more than 40 years ago.


In September, California became the first state to ban the sale of most cosmetics tested on animals. The passage of Senate Bil...


Letters

San Francisco Superior Court Judge Curtis E.A. Karnow’s excellent guest column reminded me of personal experiences that relate...


Entertainment & Sports

Last year LeBron James filed a trademark application with the United States Patent and Trademark Office to register the phrase...


Intellectual Property, International Law

A sea change for protecting IP online

Feb. 28, 2019
By Mark S. Lee

The European Union seems poised to balance the rights of online service providers and intellectual property owners very differ...


Last week the Trump administration released a proposal to rescind or eliminate the H-4 EAD program.


Criminal, Intellectual Property

Implications of trademark forfeiture in US vs Mongol Nation

Feb. 27, 2019
By Jennifer Rothman, Rebecca Tushnet

Last month, District Judge David O. Carter invited the submission of amicus briefs to address a series of questions regarding ...


Constitutional Law, U.S. Supreme Court

Excessive fine guidance needed

Feb. 27, 2019
By David B. Smith, Jed M. Silversmith

The U.S. Supreme Court stopped short of providing additional guidance as to what constitutes an excessive fine in this context...


Constitutional Law, U.S. Supreme Court

This week the U.S. Supreme Court will hear arguments in a case that will remind many Californians of the Mt. Soldad controversy.


Civil Litigation, U.S. Supreme Court

MICRA can’t survive Timbs

Feb. 26, 2019
By Robert S. Peck, Bruce M. Brusavich

The U.S. Supreme Court’s decision last week to apply the excessive fines prohibition of the Eighth Amendment to the states, Ti...


Appellate Practice, U.S. Supreme Court

What Justice Joseph McKenna didn’t know when he accepted Embry’s resignation was the lede in the morning’s New York papers: So...


California Supreme Court, Government, Tax

Ruling is causing uncertainty over local special taxes

Feb. 25, 2019
By Kelly J. Salt, Lutfi Kharuf

Following a recent California Supreme Court decision, the voter approval requirements for special taxes proposed via a citizen...


Civil Rights, Entertainment & Sports

It’s time to call strike three on the ‘baseball rule’

Feb. 25, 2019
By Michael E. Rubinstein

Last fall, a fan was fatally struck by a foul ball at Dodger Stadium -- but when fans are hurt watching America's favorite pas...


Appellate Practice, Law Practice, Civil Litigation

Practicing appellate law is like walking along the beach: Avoiding the big wave that can wipe you out is pretty easy to do, bu...


Entertainment & Sports, Tax

If the rumored settlement range is true, that’s a nice payday. But how much the lawyers take, and how much taxes take, should ...


Constitutional Law, U.S. Supreme Court

An Eighth Amendment takings case

Feb. 22, 2019
By Michael M. Berger

We have a different kind of takings case for you today. This one involves the state of Indiana’s seizure of a $42,000 Land Rov...


Constitutional Law

NRA-ties ordinance would fail in court

Feb. 22, 2019
By Elizabeth H. Baldridge

The Los Angeles City Council unanimously approved an ordinance on Feb. 12 requiring city contractors to disclose any ties they...


Husbands and wives rarely retain separate attorneys when creating an estate plan. When the spouses sign a conflict waiver, and...


Alternative Dispute Resolution, Law Practice

Lawyers are not generally trained or “attuned” to addressing their client’s feelings in the same way. Instead, the typical law...


State Bar & Bar Associations, Judges and Judiciary, Law Practice

Dissolving legal barriers (Part 2)

Feb. 21, 2019
By Curtis E.A. Karnow

On Wednesday, in the first part of this series I urged dissolving barriers among members of the legal profession. Here, I note...


Intellectual Property, U.S. Supreme Court

The Patent Office’s new guidance aims to upend the Supreme Court’s decision in Alice v. CLS Bank on two fronts.


Judges and Judiciary, Law Practice

Congress never intended to allow these fees to be set so high.


Family, Law Practice

Dealing with unfair conduct in family law cases

Feb. 21, 2019
By Antonio R. Sarabia II

Most law students have heard of unclean hands. But most seasoned family law practitioners are not familiar with disentitlement.


State Bar & Bar Associations, Judges and Judiciary, Law Practice

Dissolving legal barriers (Part 1)

Feb. 20, 2019
By Curtis E.A. Karnow

Trial judges and appellate justices rarely interact across their courts. Judges and lawyers have sporadic, desultory contact a...