Criminal, Civil Litigation, Education Law
Title IX sexual assault cases not conducive to summary judgment
By Carla DiMare
If you are a lawyer taking a Title IX case, even if the facts are clearly in favor of the victim or the suspect, it may be a l...
Constitutional Law, Criminal, U.S. Supreme Court
A duty to de-escalate
By Adrienna Wong
It’s time for a new standard: Police should be legally required to de-escalate or use alternatives to deadly force whenever po...
Entertainment & Sports, Intellectual Property
Blockchain technology is opening up new paths for artists
By Delia Ramirez
Artists are already using the technology to allow consumers to directly purchase and download music.
You might still think that the biggest tax debate about bitcoin and other cryptocurrency is about whether you should or should...
Civil Rights, Constitutional Law, Government, U.S. Supreme Court
Qualified immunity has gone too far
By Robert L. Bastian Jr.
A recent ruling is only the latest accretion in the U.S. Supreme Court’s application of legal doctrine entirely unhinged from ...
Administrative/Regulatory, Civil Litigation
Companies get some relief in automatic dialing system ruling
By Michael L. Mallow, Rachel A. Straus
A recent ruling rolled back the FCC’s broad definition of “automatic dialing system” under the Telephone Consumer Protection Act.
Intellectual Property, Civil Litigation
Guidance is still lacking on software patent eligibility
By Brent Yamashita
Courts are grappling with claims that comprise an innovative method performed within an ordinary computer that does not improv...
Real Estate/Development, Civil Litigation
Courts favor tenants on emotional support animals
By Michael J. Rubino
The number and variety of emotional support animals seem to expand yearly. Also expanding is the amount of litigation involvin...
Intellectual Property, Labor/Employment
Don’t let trade secrets walk out the door with departing employees
By Travis J. Anderson, Paul S. Cowie
There are important steps that can be taken to both mitigate the harm and prevent future problems when an employee with access...
Appellate Practice, California Courts of Appeal, Construction, Civil Litigation
A win for broad indemnity (and defense) provisions
By Garret D. Murai
While parties generally understand the intent behind indemnity provisions, few understand how they are actually applied.
Constitutional Law, Immigration, U.S. Supreme Court
Our Constitution empowers the Supreme Court to yell stop
By Charles A. Bird
The U.S. Supreme Court will first review an act of President Donald Trump’s leadership on April 25 in Trump v. Hawaii.
Government, Health Care & Hospital Law
California needs more proactive leadership on youth mental health
By Patrick H. Gardner, Nisha S. Ajmani
Lawsuits should not be the first recourse to sound mental health policy and effective programs.
Corbin Barthold reviews Steve Pinker’s latest book, “Enlightenment Now: The Case for Reason, Science, Humanism, and Progress.”
Administrative/Regulatory, Government
FDA issues first-of-its-kind recall
By Pooja S. Nair
Last week, the Food and Drug Administration exercised its mandatory recall authority under the Food Safety Modernization Act f...
9th U.S. Circuit Court of Appeals, Labor/Employment, Civil Litigation
Ruling addresses when a third-party acts as ERISA fiduciary
By Robert J. McKennon, Stephanie L. Talavera
The 9th Circuit outlined the role that employers and others play as fiduciaries under ERISA, in order “to ensure that employee...
Administrative/Regulatory, Government, Civil Litigation
Coastal Commission says no to Airbnb ban?
By Jeremy B. Talcott
The commission was so preoccupied with whether or not it could regulate short-term rentals, it didn't stop to think if it should.
Civil Litigation, Ethics/Professional Responsibility, Law Practice
Ethical risks when an attorney takes the stand
By Shari L. Klevens, Alanna G. Clair
An attorney who is called to serve as a witness in an action faces unique risks -- even one who has questioned hundreds of wit...
Alternative Dispute Resolution, Family
The role of the law in divorce mediation
By Franklin R. Garfield
While the parties may decide to resolve one or more issues based on their feelings or notions of fairness or other personal co...
California Courts of Appeal, Entertainment & Sports, Intellectual Property, Civil Litigation
From the Three Stooges to Olivia de Havilland
By Rebecca Tushnet
Fortunately, the Court of Appeal recently rejected the famed actress' right of publicity case, but its own reasoning hardly cl...
9th U.S. Circuit Court of Appeals, Civil Litigation
Back to basics: establishment claims in false advertising cases
By August T. Horvath
Notwithstanding some unfortunate language in prior cases, there really is not any such burden-shifting doctrine associated wit...
9th U.S. Circuit Court of Appeals, Labor/Employment, Civil Litigation, U.S. Supreme Court
Be cautious in response to service advisor ruling
By Arthur F. Silbergeld
Dealers in California should think twice before assuming the Supreme Court's ruling in the final word.
Constitutional Law, Government, Immigration, U.S. Supreme Court
Immigration dispute is a political question not for the courts
By Kris Whitten
In the long run, only Congress and the president can resolve the underlying issue: the extent to which the United States will ...
Administrative/Regulatory, Corporate, Tax
What can you do if your suspended corporation receives a check?
By Michael J. Petersen
A corporation may pay a penalty and receive forgiveness for entering into contracts that otherwise would be voidable -- but it...
Civil Rights, Contracts, Entertainment & Sports
Inclusion riders: Cause of the day or here to stay?
By Glen A. Rothstein
Like many things, the issue will come down to negotiation power, leverage, fear of negative publicity and loss of potential re...
Administrative/Regulatory, Constitutional Law, Government, International Law
CLOUD Act is an about-face on constitutional rights
By Camille Fischer
On March 23, President Donald Trump signed a law that could undo the very protections for privacy and autonomy that American c...
Administrative/Regulatory, Government, Judges and Judiciary, Law Practice
Legal infrastructure: the real building blocks of America's economy
By Gillian K. Hadfield
Unless we bring our systems for making rules and regulations into the 21st century, we can’t expect to effectively respond to ...
Administrative/Regulatory, Government, Tax
Can you mitigate the new holding period on carried interests?
By Phil Jelsma
One of the most difficult and unexpected provisions of the newly enacted Tax Cut and Jobs Act is the three-year holding period...
Constitutional Law
School shootings and the Obama administration’s broken PROMISE
By John C. Eastman
We should demand that the federal government quit providing grants to school districts for not reporting criminal activity of ...
Judges and Judiciary, Law Practice
LA lawyers: Meet the Spring Street Courthouse
By Paul R. Kiesel
On April 16, the Los Angeles courthouse previously known as Central Civil West is moving to a new, but distinctly old, venue.
Administrative/Regulatory, Government, Tax
Before rushing to file your taxes, consider your audit profile
By Robert W. Wood
If you are committed to filing your return on time, consider how likely your return is to be audited, and whether there is any...