Administrative/Regulatory, Environmental & Energy, Government, U.S. Supreme Court
Got a WOTUS challenge? Go straight to district court
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
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
Terrorist advocacy and the First Amendment tipping point
By David S. Han
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
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
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
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
Will ‘informed consent’ save mediation confidentiality?
By A. Marco Turk
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
California has an anachronistic bar membership requirement
By TImothy R. Snowball
The Golden State should reform unnecessary, out-of-date and overly protectionist bar admission policies in federal district co...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
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
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
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
Is it a right of publicity violation or copyright infringement?
By Delia Ramirez
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
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
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
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
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
Why aren’t more law firms willing to handle non-marital cohabitation agreements?
By Jeffrey P. Blum
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
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
Anti-SLAPP appeals: extensions and civility are not bad faith
By Don Willenburg
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
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...
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?
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
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
Workers’ comp: expensive consequences of over-regulation
By Jill A. Singer
The solution to this dilemma does not lie with requiring physicians to act as indentured servants to insurance carriers under ...
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
Appellate Adventures, Chapter Two: “What’s the Payout?”
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
California Supreme Court, Civil Litigation
Class action majority rejected
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?
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
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
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 ...