Constitutional Law, Criminal, U.S. Supreme Court
Giving full effect to a jury acquittal
By Jeffrey L. Bornstein, Andrew G. Spore
On Tuesday, the Supreme Court hears arguments in an important double jeopardy case.
Appellate Practice, Judges and Judiciary, Law Practice
On Moot Court
By Myron Moskovitz
Over the years, my view of the usefulness of moot courts has evolved.
Administrative/Regulatory, Corporate, Government, International Law
Latin America’s wave of anticorruption laws
By Michael M. Farhang
As trade among the U.S. and Latin American countries has increased, so has the need for effective anticorruption measures to e...
Alternative Dispute Resolution, Civil Rights, Corporate, Government, Labor/Employment, Law Practice, Civil Litigation
Anti-arbitration letter sent by attorneys general to Congress doesn’t hold up
By Michael H. Leb
This is especially true because the letter relies on a bit of sophistry. Their arguments do not withstand scrutiny.
Corporate, Tax
What you need to know about the new pass-through deduction
By Phil Jelsma
The recently enacted Tax Cuts and Jobs Act institutes sweeping changes to the tax code on many levels, but one of the most sig...
Administrative/Regulatory, Government
Slouching towards an electronic frontier
By Jason S. Leiderman
Grateful Dead lyricist and internet activist John Perry Barlow passed away last week. So who will pick up where he left off?
California Courts of Appeal, California Supreme Court, Criminal, Law Practice, Civil Litigation
Prevent experts from presenting hearsay to the jury
By Geoffrey T. Macbride
The California Supreme Court revised an expert’s ability to rely on hearsay not long ago. Earn MCLE credit catching up with wh...
Civil Rights, U.S. Supreme Court
America’s first civil rights case: The Amistad
By James Attridge
History's ultimate "bar exam question" is the fact pattern in United States v. Libellants of the Schooner Amistad, the U.S. Su...
Administrative/Regulatory, Corporate, Government, Securities
If it looks like a security, and smells like a security...
By Rudolph G. Klapper
Recent remarks by SEC Chair Jay Clayton suggest the commission is taking a common-sense approach to its role in regulating vir...
Ethics/Professional Responsibility, Law Practice
30 tips for avoiding legal malpractice claims
By Dan L. Stanford
During over three decades of prosecuting legal malpractice claims, I have been asked over and over again for concrete ideas to...
Alternative Dispute Resolution
Don’t confuse me with facts, I’ve made up my mind
By Robert S. Mann
In a mediation, simply hoping that the plane won't crash in the face of objective evidence that might just do that is hardly a...
Administrative/Regulatory, Tax
Transferring bitcoin and other cryptocurrencies tax-free
By Robert W. Wood
Taxes are an ever-present danger, and it is clear that the IRS is on the hunt. The IRS is pursing tax enforcement with summons...
Law Practice, Civil Litigation
Brian Panish of Los Angeles: A vanishing breed
By James R. Rosen
His eye-popping trial verdicts and record-setting results over the last two-plus decades are already legendary.
California Courts of Appeal, California Supreme Court, Constitutional Law, Criminal, U.S. Supreme Court
A penny for your thoughts
By Brian M. Hoffstadt
“The only constant is change.” Heraclitus may have been talking about life. But he might as well have been talking about the c...
Corporate, Intellectual Property, Civil Litigation
Federal Circuit illuminates two-prong direct infringement test
By Andrea Jill Weiss Jeffries, Steven J. Corr
A ruling clarifies that parties without a contractual relationship who each perform separate steps of a method claim can satis...
Administrative/Regulatory, Insurance, Civil Litigation
Insuring the product liability risks of cannabis
By Ian A. Stewart, Francis J. Mootz
Businesses must be careful to ensure that they are properly insured for the substantial risks they face.
On Feb. 5, San Francisco's public defender, Jeffrey Adachi, wrote an op-ed for the L.A. Times criticizing judges' and prosecut...
State Bar & Bar Associations, Civil Rights, Judges and Judiciary, Law Practice
Law clinics key to bridging access-to-justice gap
By Michael Waterstone
On Wednesday, Loyola Law School will formally open our Loyola Social Justice Law Clinic, a consolidated space on campus.
9th U.S. Circuit Court of Appeals, Labor/Employment
Let’s talk about a ‘hybrid’ worker
By Eric B. Kingsley
Last week, a federal judge ruled that Raef Lawson was not an employee of GrubHub during his four-month stint as a driver for t...
Law professors and lawyers must provide clear answers on president questions.
Civil Rights, Constitutional Law, U.S. Supreme Court
Having cake in Kern County
By Julie A. Werner-Simon
People clamored onto the courthouse steps in the case of the baker who declined to make a cake for a gay couple’s nuptials — o...
Administrative/Regulatory, Corporate, Entertainment & Sports, Intellectual Property
2018 starting off great for anti-piracy advocates
By Brandon T. Milostan, Douglas E. Mirell
First, an ISP was held liable for not blocking a copyright infringer, and now a California federal court has issued an injunct...
9th U.S. Circuit Court of Appeals, Constitutional Law
Sugar case rehearing could affect public health efforts
By Amy P. Lally
The 9th Circuit is at the intersection of the First Amendment and public health with American Beverage Association v. City and...
Constitutional Law, Government, U.S. Supreme Court
Our Constitution keeps on ticking
By Kris Whitten
We do not know how current disputes will be resolved, but thanks to the Constitution’s Framers, we have a process for resolvin...
Administrative/Regulatory, Corporate, Government, Transportation
The future of privacy
By Jonathan A. Michaels
Consider that the first space shuttle contained some 500,000 lines of software code. Today, the average 2018 automobile contai...
Labor/Employment
Workplace romance in the age of #metoo
By Danielle H. Moore, Megan E. Walker
With the confessional floodgates open, our current society has a renewed awareness of harassment likely unseen since Anita Hil...
Administrative/Regulatory, Corporate, Environmental & Energy, Government
New front in Proposition 65 litigation opens up later this year
By Kristin Larson
While most of the 2018 revisions have been characterized as simple clarifications, they also appear likely to spawn an entire ...
California Supreme Court, Construction, Corporate, Civil Litigation
Intentional interference claims and losing bidders
By Garret D. Murai
What about after a contract is awarded? Is there a remedy available to unsuccessful bidders after an apparent low bidder is aw...
Banking, Government, Tax
Arizona may become first state to accept bitcoin payments
By Robert W. Wood
If passed, Arizona's Senate Bill 1091 would allow income taxes to be paid in bitcoin and other cryptocurrency that is approved...
Ethics/Professional Responsibility
The Perils of Unauthorized Disclosure
When an attorney discovers she has received privileged documents in error, crucial ethics questions arise, and they have serio...