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U.S. Supreme Court, Constitutional Law, Government, Labor/Employment

Time to overrule Abood

Oct. 2, 2017

The U.S. Supreme Court described laws that empower unions to coerce funds from non-union members as an “extraordinary state en...


Civil Rights, Criminal

Crime and algorithms

Sep. 29, 2017

There is a cost to be paid for the myriad benefits society derives from the use of algorithms. An occasional “date from hell,”...



Constitutional Law, Civil Rights, U.S. Supreme Court

So here’s where we are in Masterpiece Cakeshop: The lineup of eight of the justices is pretty clear, 4-to-4.


California Supreme Court, Government, Administrative/Regulatory

A city manager’s personal cellphone buzzes in the early morning hours with notice of a string of urgent texts advising about t...



Government, Administrative/Regulatory, Corporate, Securities

Chairman Jay Clayton of the U.S. Securities and Exchange Commission has reaffirmed that “[c]ybersecurity is an area that is vi...


U.S. Supreme Court, Criminal

The justices should take up U.S. v. Nosal to clarify the scope of the Computer Fraud and Abuse Act -- the statute was intended...



California Supreme Court, Constitutional Law

Carpenter v. United States implicates what is known as the third-party doctrine, under which any information voluntarily provi...


U.S. Supreme Court, Constitutional Law

Over the summer, Oregon federal public defenders asked the U.S. Supreme Court to review Mohamud v. United States, a terrorism ...



A primer on how the attorney-client privilege functions in the realm of trust administration. By Benjamin D. Fox


Two recent amendments have important practical implications for private corporations and create a framework for significant ch...



Civil Litigation

When a class action litigant seeks to discover contact information for a third party--often with respect to potential class me...


At a recent business lunch, I was surprised to hear that many attendees (most of whom are practicing attorneys) pay their chil...



Civil Litigation, Government, Tax, California Supreme Court, California Courts of Appeal

Time will tell what a recent state high court decision means for local taxation. But it appears to make it easier to pass loca...


Intellectual Property, Corporate

Choosing the right name for your company from a branding perspective is important. Equally important, however, is avoiding a n...



Administrative/Regulatory, Transportation

While fully autonomous “level 5” vehicles are still some time out, scores of automakers are already introducing level 2 (parti...


Civil Litigation, Alternative Dispute Resolution

For years, complex civil matters in Riverside County were somewhat randomly distributed to departments throughout the county.



Constitutional Law, 9th U.S. Circuit Court of Appeals, Administrative/Regulatory, U.S. Supreme Court

The U.S. Supreme Court has a chance to set things right by granting certiorari in a case involving California’s commercial fis...


Securities, Administrative/Regulatory, Civil Litigation

According to Cornerstone Research, at midyear the number of filings against pharmaceutical companies already had eclipsed the ...



Corporate, Contracts

Many see the blockchain as the wild west of today’s technology sector due to its disruptive potential. As a result, developers...


Government, Law Practice

As a practicing city attorney, I sit through many hours of public meetings. I’ve probably seen just about everything from the ...



Law Practice, U.S. Supreme Court

There a several reasons for each of us in legal education and in the profession to broaden our own perspectives and evaluation...


Intellectual Property, Contracts, Corporate, Health Care & Hospital Law, Civil Litigation, U.S. Supreme Court

For all the reference product sponsors about to enter into a patent dance under the Biologics Price Competition and Innovatio...



U.S. Supreme Court, Appellate Practice, California Supreme Court, Judges and Judiciary, Civil Litigation

Precedent sometimes rests upon a legal fiction, and persists until a later decision exposes the fiction for what it is.


Judges and Judiciary, Civil Litigation, 9th U.S. Circuit Court of Appeals, Appellate Practice



If Special Counsel Robert Mueller has opened a grand jury investigation, the witch has fallen from her broom and the dogs are ...


Health Care & Hospital Law

"Mindfulness" may be a buzzword these days, but it may also light the path to improving professional competence.



Corporate, Environmental & Energy

The extension of the cap-and-trade program is a major milestone for the state’s greenhouse gas reduction program. However, it ...


Mergers & Acquisitions

While U.S. VC activity appears to be in the middle of a self-correction period, the German venture market almost doubled in th...



Corporate, Intellectual Property

Many businesses, especially those in the tech sector, spend a great deal of time and money obtaining patents to protect their ...


Transportation

Lithium — the natural resource mined from the Earth’s crust — is perhaps the best-known commodity that people know the least a...