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Administrative/Regulatory, Environmental & Energy, Government, U.S. Supreme Court

Got a WOTUS challenge? Go straight to district court

Feb. 12, 2018
By Clark Morrison, Julia Stein

The U.S. Supreme Court has unanimously held that challenges to the so-called "Waters of the United States" rule must be heard ...


Civil Rights, Criminal, Government, Judges and Judiciary

‘Public defender’ isn’t just another job

Feb. 12, 2018
By Brendon D. Woods

The Los Angeles public defender has the potential to be the most influential public defender in the nation — and the office mu...


Constitutional Law, U.S. Supreme Court

First Amendment protection has practical limits. What if, for example, counterspeech proves to be ineffective, and tens of tho...


Administrative/Regulatory, Constitutional Law, U.S. Supreme Court

Drone Searches: A New Frontier for the Fourth Amendment

MCLE
Feb. 12, 2018
By Brandon K. Franklin, Kevin O. Moon

The use of drones spurs reassessment of time-honored privacy concerns.


Government, Law Practice

John Adams: John Hancock’s very own consiglieri

Feb. 9, 2018
By James Attridge

Americans all know that your signature is also called your John Hancock, after the patriot who signed the Declaration of Indep...


State Bar & Bar Associations, California Supreme Court, Corporate, International Law, Law Practice, Civil Litigation

California is missing out on international arbitration business

Feb. 9, 2018
By Richard Chernick, Howard B. Miller

Foreign lawyers and foreign parties to international commercial agreements have largely bypassed California and have chosen to...


Alternative Dispute Resolution, State Bar & Bar Associations, California Supreme Court, Government, Judges and Judiciary

Senate Bill 954 would put responsibility on attorneys to explain the possible consequences of mediation confidentiality and ob...


State Bar & Bar Associations, Ethics/Professional Responsibility, Judges and Judiciary

The Golden State should reform unnecessary, out-of-date and overly protectionist bar admission policies in federal district co...


Ethics/Professional Responsibility, Law Office Management, Law Practice

Avoiding unintended attorney-client relationships

Feb. 9, 2018
By Shari L. Klevens, Alanna G. Clair

There are many seemingly innocuous situations where — if an attorney is not careful — a party could believe or a court could f...


Alternative Dispute Resolution, Construction, Real Estate/Development

Mediating a luxury home construction defect case

Feb. 9, 2018
By Ross W. Feinberg

Luxury home cases are a far cry from the mass produced tract home or condominium construction defect cases that typically arise.


Civil Rights, Government

Lessons learned from the Patriot Picnic in San Diego

Feb. 9, 2018
By William Slomanson

The Feb. 3 event ostensibly pitted the “Patriots” against the “Chicanos.” They were separated by the police-laden Logan Avenue...


Entertainment & Sports, Intellectual Property

California law is very specific about what is considered a violation and what would be preempted by federal law.


Administrative/Regulatory, Environmental & Energy, Government

Beware climate policy shaped through lawsuits

Feb. 8, 2018
By Richard A. Epstein

Filing public nuisance suits against oil companies for making and distributing fossil fuels is not the right way to fashion in...


Intellectual Property

4th Circuit says ISP liable for copyright infringement

Feb. 8, 2018
By Mitchell L. Stoltz

The ruling is the first to hold an internet service provider liable for copyright infringement by its customers, making it a c...


9th U.S. Circuit Court of Appeals, Corporate, Securities

9th Circuit decision clarifies securities fraud loss causation rule

Feb. 8, 2018
By Ex Kano S. Sams II, Jonathan M. Rotter

While establishing loss causation in securities fraud actions is not always factually simple, it is helpful to be reminded tha...


Administrative/Regulatory, Environmental & Energy, Government

As reporting regulations proliferate, so does risk to industry

Feb. 8, 2018
By Maureen F. Gorsen, Geoff Rathgeber

Agencies are increasingly finding small errors in the reports and assessing significant penalties — they consider these paperw...


Family, Civil Litigation

Despite the fact these contracts end up in civil court when litigated, few civil attorneys, let alone family law attorneys, ha...


Judges and Judiciary, Letters

What’s missing from the Nassar discussion

Feb. 8, 2018
By Eugene M. Hyman

Judges are required to be fair, neutral and impartial and to be perceived as such at all times.


Appellate Practice, California Courts of Appeal, Civil Litigation

Civility and professionalism are neither indicia of bad faith, nor “hallmarks of … delay.” Yet a recent Court of Appeal decisi...


9th U.S. Circuit Court of Appeals, Constitutional Law, Government, Immigration

Ruling denying immigrant minor right to counsel conflicts with precedent

Feb. 7, 2018
By Rachel K. Prandini, John E. Schreiber

The 9th Circuit recently denied a petition for review of a deportation order filed on behalf of a child who had been forced to...


Appellate Practice

Appeals are for losers

Feb. 6, 2018
By Benjamin G. Shatz

This should sound obvious. But litigation is complicated, and a win rarely emerges after a completely one-sided process.


Entertainment & Sports, Intellectual Property, U.S. Supreme Court

What does it mean to register a copyright?

Feb. 6, 2018
By Corey Field

With a history going back to 1790, it may come as a surprise to learn that the U.S. Supreme Court is about to decide for the f...


Intellectual Property, U.S. Supreme Court

The evolving standard for patent claim definiteness

Feb. 6, 2018
By Lingling Zhao Ph.D., Clark Zhang Ph.D.

A recent Federal Circuit opinion clarified the “reasonable certainty” standard for patent claim definiteness established by th...


Health Care & Hospital Law, Labor/Employment

The solution to this dilemma does not lie with requiring physicians to act as indentured servants to insurance carriers under ...


Judges and Judiciary, Law Practice

Big Sisters are listening

Feb. 5, 2018
By Arthur Gilbert

Suffice it to say, when addressing Siri, I did not use the four-letter word, the first letter of which appears toward the last...


Appellate Practice, Law Practice, Civil Litigation

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


California Supreme Court, Civil Litigation

Class action majority rejected

Feb. 2, 2018
By Marcos D. Sasso

This week the state high court rejected the opportunity to join the majority of courts, including the U.S. Supreme Court, by h...


California Courts of Appeal, California Supreme Court, Criminal

Who can be held liable in the age of mass shootings?

Feb. 2, 2018
By Brian S. Kabateck, Natalie S. Pang

Plaintiffs must show that the premises owner was aware of similar criminal activity at or near the location and this is often ...


Ethics/Professional Responsibility, Law Practice

Law firm associates have obligations, too

Feb. 2, 2018
By Shari L. Klevens, Alanna G. Clair

Associates serve two masters: Their “bosses” at their firms, and the Rules of Professional Conduct.


Alternative Dispute Resolution

Facilitative mediation and the value of listening

Feb. 2, 2018
By Jaymeson Pegue

For those of us who are the actual participants in mediations where a deal is the goal, where the strength of the mediator is ...