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Law Practice, Ethics/Professional Responsibility

Navigating the requirements for reporting attorney misconduct

Oct. 3, 2019
By Shari L. Klevens, Alanna G. Clair

As set forth in Rule 1.0 of the California Rules of Professional Conduct, a primary purpose of rules governing attorney conduc...


Judges and Judiciary, California Supreme Court, Appellate Practice

Justice Goodwin Liu by the numbers

Oct. 3, 2019
By Kirk C. Jenkins

Today, we pass the halfway point in our ongoing series of data-driven profiles of the justices of the California Supreme Court...


The increasing concerns of many Americans about the Chinese has been summed up by FBI Director Christopher Wray as a “whole of...


Letters, Criminal

Presumption of innocence is a trial right only

Oct. 2, 2019
By Richard J. Chrystie

The Sept. 23 article on bail, “Critics unsure bail changes moving in right direction,” quotes Phil Telfeyan, executive directo...


Government, Environmental & Energy, Administrative/Regulatory

The auto emissions war against California

Oct. 2, 2019
By Richard M. Frank

The Trump administration’s waiver revocation is unwanted by anyone but President Trump (along with, perhaps, Big Oil, which al...


Law Practice, State Bar & Bar Associations

Bar proposals will upend legal profession

Oct. 2, 2019
By Erin M. Joyce

The State Bar’s proposals to authorize nonattorneys and for-profit corporations to practice law will upend the legal professio...


Civil Litigation, Labor/Employment

Lawson and the outlook of PAGA litigation in the 2020s

Oct. 2, 2019
By Kenneth D. Sulzer, Matthew Scholl

For the past 15 years, California employers have been plagued by mass actions brought under the Private Attorneys General Act,...


U.S. Supreme Court, Intellectual Property

Are PTO attorney fees expenses under Section 145?

Oct. 2, 2019
By B. Todd Patterson, Kyrie K. Cameron

The issue before the Supreme Court is: Whether the phrase “[a]ll the expenses of the proceedings” in Section 145 encompasses t...


U.S. Supreme Court, Intellectual Property

High court to consider appealability issues in IPR proceedings

Oct. 2, 2019
By Charan Brahma, Craig Crockett

The U.S. Supreme Court will consider appealability of timeliness determinations within inter partes review proceedings under 3...


Letters, Labor/Employment

AB 5 language will cause unexpected disruption

Oct. 1, 2019
By David Amkraut

Whether or not Assembly Bill 5 was really aimed only at the “gig economy,” its absurdly broad language will cause widespread a...


Civil Litigation, California Supreme Court

On Wednesday, the California Supreme Court will hear arguments in a case that will resolve a split in authority on standing to...


Judges and Judiciary, Civil Rights

Judicial Council has been misinforming about the ADA

Oct. 1, 2019
By Thomas F. Coleman

The Judicial Council has been misinforming the judiciary about the requirements of the Americans with Disabilities Act since t...


With thousands of children born each year using assisted insemination, in vitro fertilization, gestational carriers, many cour...


Immigration, Government, Constitutional Law

Impeachment isn’t the only trouble President Donald Trump is facing. Last Friday, three different federal judges rejected his ...


Judges and Judiciary, Appellate Practice

Now hear this!

Oct. 1, 2019
By Benjamin G. Shatz

An appellate opinion's primary purpose is to resolve whatever dispute the parties have brought to the court. And yet there are...


Securities, Corporate

A primer on preferred: Getting your yield’s worth

Oct. 1, 2019
By Sara L. Terheggen

The difficult aspect of investing in preferred stock is understanding what characteristics are best suitable depending on an i...


State Bar & Bar Associations

The State Bar of California recently amended its rules to allow distance learning law schools to apply for state accreditation...


Civil Litigation

Document production games run amok

Sep. 30, 2019
By Thomas J. Umberg

This year I authored Senate Bill 17 to mitigate some of the gamesmanship that has become endemic in civil litigation. The meas...


Civil Litigation, Insurance, California Supreme Court

In Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, S253593, the California Supreme Court is considering a ...


Alternative Dispute Resolution

Are customized arbitration provisions the answer?

MCLE
Sep. 30, 2019
By Julie R. F. Gerchik, Michael L. Smith

While arbitration may risk unbridled discretion by the arbitrator or ultimately involve the same inefficiency of traditional l...


Civil Litigation, Family

Smith v. Szeyller: If you snooze, you lose

Sep. 30, 2019
By Glen M. Reiser

The potential ramifications in conflicts involving trusts are significant


Intellectual Property

Can the U.S. Patent Office handle 'artificial inventors'?

Sep. 30, 2019
By David V. Sanker Ph.D, Jianbai "Jenn" Wang Ph.D

Over the past 230 years, patent law has adapted to accommodate new types of technology. The adaptations can be slow, inconsis...


Civil Rights

In a 4-3 decision, and after many months of deliberation, the Arizona Supreme Court issued a narrow ruling on Sept. 16 in Bru...


Intellectual Property, Corporate

The scourge enveloping Silicon Valley: trade secret theft

Sep. 27, 2019
By Lawrence M. Hadley, Christopher McAndrew

As recent cases have exposed, trade secret theft from former employees and potential business partners have become a scourge i...


Law Practice, Government

Comments on guidance on guidance

Sep. 27, 2019
By Frank H. Wu

During the middle of his tenure, Attorney General Jeff Sessions promulgated meta-guidance: guidance on guidance documents. Unl...


Labor/Employment, Government

Much of the discussion lately has been centered on AB 5, California's new worker classification law, but there are other bills...


Entertainment & Sports

A piece of the pi

Sep. 26, 2019
By Benjamin E. Shiftan

A bill on the governor's desk would allow California athletes to finally earn name, image and likeness compensation


Tax, Government, Constitutional Law

The ongoing battle for Trump’s tax returns

Sep. 26, 2019
By Charles S. Doskow

After argument, on September 19 the federal judge in Sacramento and granted the injunction on the enforcement of California's ...


Civil Litigation, Intellectual Property

Survey says: Not so fast in secondary meaning cases

Sep. 26, 2019
By Antonio R. Sarabia II


Judges and Judiciary, Ethics/Professional Responsibility

How to hold misbehaving judges accountable

Sep. 25, 2019
By Dylan Hosmer-Quint

Judges should be held to the highest of ethical standards, and there's no reason they should keep a reward, like a pension, if...