Government, Judges and Judiciary, Law Practice
Dangerous courthouses put employees at risk
By Eric Siddall
If a private landlord rented a commercial office space and the building was considered unfit to withstand an earthquake, we wo...
9th U.S. Circuit Court of Appeals, California Supreme Court, Criminal, Civil Litigation
Preliminary hearings and issue preclusion
By Denis Binder
Does a finding of probable cause in a preliminary hearing preclude a subsequent false arrest claim? Courts are split.
California Courts of Appeal, California Supreme Court, Construction, Contracts, Government, Civil Litigation
Ruling is a windfall to second-place bidders
By Michael J. Maurer, Dana M. Howard
A recent California appellate court opinion highlights the danger that the design-bid-build system can bring when it is not ap...
9th U.S. Circuit Court of Appeals, Entertainment & Sports, Intellectual Property, Civil Litigation
En banc review of 'Blurred Lines' case is warranted
By Elliot N. Brown, Moon Hee Lee
In a split decision, the 9th Circuit affirmed in part and reversed in part the judgment after a jury trial that Pharrell Willi...
Appellate Practice, State Bar & Bar Associations, Ethics/Professional Responsibility
5 things you should know about State Bar Court appeals
By Jennifer Teaford
The court follows different procedural rules from other appellate courts — and attorneys brought before the court for discipli...
Government, Labor/Employment
The Public Employment Relations board: a primer
By David G. Ritchie
In all, approximately 4,200 public employers within the state of California and an estimated 2.7 million public employees, are...
The widening gap between how the law is expected to be (and generally is) practiced, and certain events transpiring in our pol...
9th U.S. Circuit Court of Appeals, Intellectual Property, Civil Litigation, U.S. Supreme Court
Ruling may lead to split on infringement by tweet
By Elliot N. Brown
The Southern District of New York disagreed the 9th Circuit about the so-called "server test."
Administrative/Regulatory, Criminal, Tax, U.S. Supreme Court
Justices rein in IRS obstruction prosecutions
By Nathan J. Hochman
By rejecting the government's expansive interpretation of the tax obstruction statute, the Supreme Court has required fair war...
Criminal, Ethics/Professional Responsibility, Judges and Judiciary
Elected DAs shouldn't be so politically motivated
By Patrick Dixon, Mario Mainero
One wishes that the elected district attorney of a county were not so politically motivated as to skirt the ethical rules and ...
Ethics/Professional Responsibility, Law Practice
Disaster readiness: Ethics in a new age
By Heather L. Rosing
Even in light of a life-altering disaster, an attorney must act competently, preserve confidentiality, maintain confidentialit...
Ethics/Professional Responsibility, Law Practice
The difficult decision to sue a client for unpaid fees
By Shari L. Klevens, Alanna G. Clair
Some attorneys and firms make a principled decision to never sue their clients. Whether altruistic or risk-adverse, a law firm...
Thanks to a Court of Appeal case, family law attorneys can answer with more clarity questions concerning when a spouse’s separ...
Civil Litigation, Securities, U.S. Supreme Court
Federal securities statutes say what they say
By Alex G. Romain, Jenna G. Williams
This week, a unanimous U.S. Supreme Court ruled that the Securities Litigation Uniform Standards Act grants state courts the j...
Criminal, Government, Judges and Judiciary
Lawmakers must heed call to make more just bail system
By Peter P. Espinoza
During Monday’s State of the Judiciary address, Chief Justice Tani G. Cantil-Sakauye once again called on California lawmakers...
9th U.S. Circuit Court of Appeals, Civil Litigation, Securities
Corporate mismanagement and scienter in securities class actions
By Ellen M. Murphy, Stephanie Albrecht
Earlier this month, the 9th affirmed dismissal of a securities class action against on the basis that the inference of sciente...
Administrative/Regulatory, Labor/Employment, Civil Litigation
Joint-employer standard left unsettled after NLRB vacates ruling
By Charles S. Birenbaum, Jamie R. Rich
Franchisors must be mindful of their business practices to avoid being held liable for labor law violations committed by franc...
Criminal, Judges and Judiciary, Letters
Politics has no place in California courts
By Edward R. Leonard
When elected officials choose to issue personal attacks, suggest bias or collusion, or otherwise attempt to politicize the cou...
Administrative/Regulatory, Corporate, Environmental & Energy, Securities
A sea change in climate change disclosure?
By Don J. Frost Jr., Thomas J. Ivey
In years past, shareholder initiatives to enhance climate change reporting beyond this basic level of disclosure typically exp...
Civil Rights, Securities
Settlement a first for data breach-related securities class action
By Anita Taff-Rice
Yahoo! Inc. recently stipulated to an $80 million settlement related to its massive 2013 and 2014 data breaches. But not one d...
California Courts of Appeal, Criminal, Government
Court: ‘Hold my beer’
By Brian M. Hoffstadt
Does the judicial branch ever tell the political branches of government, "Hold my beer"? The recent efforts to reform Californ...
Alternative Dispute Resolution, Government, Letters, Civil Litigation
Is contract provision at issue in Stormy Daniels lawsuit contrary to law?
By Barry Winograd
I write to follow up on Michael Leb’s March 20 column on the restraining order in the legal conflict between Stephanie Cliffor...
Government, Judges and Judiciary, Letters
Data tell more positive story of Brown's impact on the bench
By Joshua D. Wayser, Therese M. Stewart
We feel the recent story on Jerry Brown’s judicial picks doesn’t paint an accurate picture of all that the governor has done t...
Civil Litigation, U.S. Supreme Court
FCA traps, zaps and zingers
By Carolyn F. Mcniven
Defense attorneys are applauding a district judge’s recent ruling in a False Claims Act case.
Alternative Dispute Resolution, Civil Litigation
Did the arbitrator exceed her power in Stormy Daniels case?
By Michael H. Leb
Although grounds for vacating an arbitration award are few and the burden is hard to meet, she seems to have a plausible argum...
Administrative/Regulatory, Government, Tax
IRS updates on exemption applications after restructuring and DAF guidance
By Erin Bradrick
The IRS recently released Revenue Procedure 2018-15 clarifying the circumstances in which an exempt entity that undergoes a co...
Law Practice, Civil Litigation, Obituaries
The civility and decency of a legal titan: Maxwell M. Blecher
By David W. Kesselman
At a time when our society’s civility and decency are being threatened every day, I feel compelled to write about the passing ...
Securities, U.S. Supreme Court
Searching for fraud on the market
By Thomas A. Zaccaro, Nicolas Morgan
The questions raised by Barclays' petition for certiorari require answers to clarify the application of the fraud-on-the-marke...
I just lost an appeal. It really hurts. I can console myself with the fact that the appellate judges didn’t seem to like my cl...
9th U.S. Circuit Court of Appeals, Constitutional Law, Civil Litigation, U.S. Supreme Court
Data breach standing ruling invites review
By Ian C. Ballon
The 9th Circuit recently said merely having personal information exposed in a breach is sufficient harm to justify Article III...