Administrative/Regulatory, Health Care & Hospital Law, Civil Litigation
Government worried about proving intended loss in criminal health care cases
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 ...
When I use commas, it’s so the reader can take a break.
Civil Litigation
Anti-SLAPP conundrum: Navigating the still-uncharted waters
By A. Marco Turk
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
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
Anti-SLAPP conundrum: Navigating the still-uncharted waters
By A. Marco Turk
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?
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
Looking back at the high court’s landmark campaign finance rulings
By William K.S. Wang
In fact, the Supreme Court’s most important campaign finance decision came down more than 40 years ago.
Administrative/Regulatory
Step forward for animals in research: California restricts use of animals in cosmetics testing
By Elizabeth Holtz
In September, California became the first state to ban the sale of most cosmetics tested on animals. The passage of Senate Bil...
San Francisco Superior Court Judge Curtis E.A. Karnow’s excellent guest column reminded me of personal experiences that relate...
Entertainment & Sports
Beyond the game: Representing athletes as influencers
By Jaia Thomas
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
By Mark S. Lee
The European Union seems poised to balance the rights of online service providers and intellectual property owners very differ...
Proposed rule may rescind or eliminate H-4 EAD program
By Nandini P. Nair
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
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
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
At cross purposes: A guide to arguments in church/state case
By Glenn C. Smith
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
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
Selling secrets: The disturbing tale of Supreme Court clerk Ashton Embry
By Ben Feuer
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
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’
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
Riding the wave of a successful appeal in California state courts
By Eric M. Schiffer
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
Uncle Sam scores in the NFL’s settlement with Kaepernick,too
By Robert W. Wood
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
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...
The Los Angeles City Council unanimously approved an ordinance on Feb. 12 requiring city contractors to disclose any ties they...
Family
Is the conflict between your husband and wife estate planning client nonwaivable?
By Randy Spiro
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
Should lawyers and mediators also play the role of therapists?
By Jan Frankel Schau
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)
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
Patent Office guidance does not adhere to Alice
By Alex Moss
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
High cost of court records through PACER contrary to First Amendment values
By Caitlin Vogus
Congress never intended to allow these fees to be set so high.
Family, Law Practice
Dealing with unfair conduct in family law cases
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)
By Curtis E.A. Karnow
Trial judges and appellate justices rarely interact across their courts. Judges and lawyers have sporadic, desultory contact a...