U.S. Supreme Court, Intellectual Property
Supreme Court denies review of Federal Circuit holding that inter partes review does not violate takings clause
By Charan Brahma, Craig Crockett
The U.S. Supreme Court recently denied petitions for certiorari from U.S. Court of Appeals for the Federal Circuit decisions a...
U.S. Supreme Court, Civil Litigation
US Supreme Court returns to issue of double standards in delegating gateway issues of arbitrability
By Steven B. Katz
The stakes in Henry Schein II are much larger than the narrow conflict among the circuits regarding delegation of “gateway” is...
U.S. Supreme Court, Intellectual Property
Booking.com and consistency in obtaining registrations at USPTO
By Laura Chapman, Michelle Kahn
The U.S. Supreme Court’s recent opinion comes as no surprise to veteran trademark practitioners, not only for its holding, but...
State Bar & Bar Associations, Legal Education, California Supreme Court
A plea to the California Supreme Court for diploma privilege
By Anna M. Han
During this pandemic, the class of 2020 law graduates moved to online instruction mid semester. Many did not have a chance to ...
As part of the Tax Cut and Jobs Act of 2017, Congress restricted Code Section 1031 Exchanges to only real property — a term th...
For nine years, I ran over to the local Veterans Treatment Court, VTC, on Tuesday afternoons to act as a mentor, primarily to ...
Labor/Employment
More and more California cities are adopting ‘right-to-recall’ laws
By Bruce J. Sarchet
California cities have, in the past few months, accelerated a trend that has been developing for a few years: they are passing...
Labor/Employment, Immigration
Presidential proclamation suspending entry to visa workers presents risks to US employers following COVID-19 restrictions
By Elona Dunehew, Davy Day
On June 22, the White House issued a new presidential proclamation to suspend the entry of new H-1B, L-1, certain J-1 and othe...
From its inception this column has drawn inspiration from the Oliver Wendell Holmes quote, “The young man knows the rules but ...
Immigration, Government, Constitutional Law
Cases will test who can enforce Congress’ appropriations powers
By Douglas A. Winthrop, Irvin Nathan
More than a year and a half ago, President Donald Trump, unwilling to accept Congress' repeated explicit refusals to fund a wa...
It’s all different. More so than any of us can remember. Lesson we all know, but many have stored in the back of a mental clos...
Turow in winter, or at least thinking about winter, that crawling towards death, as Lear puts it. That would be Scott Turow, t...
Reading is just about the worst way to present an oral argument — and presenting oral arguments remotely doesn’t change that.
Civil Litigation, California Supreme Court
Ruling on enforcement of the UCL is a victory for Californians
By Valerie T. McGinty, Saveena Takhar
On June 25, the California Supreme Court issued a unanimous opinion allowing a district attorney to seek recovery for violatio...
Government, Criminal
Collaboration is essential in these times
By G. Christopher Gardner
Public defender offices are proud of the essential role we play in the justice system. We are grateful for the daily opportuni...
Education Law, Criminal, California Supreme Court
Time for California to redefine the role of cops on campus
By Robert Ross Dekoven
In 2003, the California Supreme Court held that all security personnel — including school security, school police, school reso...
Intellectual Property, Government, Data Privacy
Deepfakes: dangers and developments
By Stan Gibson, Jessica Newman
To combat the risk posed by deepfakes, California enacted two new laws, which went into effect at the beginning of 2020.
California homeowners insurance bills face legislative fire fight
By Norris Clark
Two bills currently before the California Legislature are seemingly moving quite easily through the Assembly and Senate but ar...
Government, Criminal
En banc hearing before full DC Circuit in Flynn case is warranted
By John H. Minan
On June 24, the U.S. Court of Appeals for the D.C. Circuit (20-5143) granted Michael Flynn an emergency writ of mandamus to di...
U.S. Supreme Court, Labor/Employment, Civil Rights
The Juxtaposition Turn: disparate treatment and disparate intent
By Tristin Green
In his majority opinion in Bostock v. Clayton County, Justice Gorsuch provided a helpful explanation of intent in employment d...
Jacob Bronowski, British Mathematician and historian said: “It is important that students bring a certain ragamuffin, barefoot...
Labor/Employment, California Courts of Appeal
Growing court consensus on businesses websites and ADA
By Kristina M. Launey
A Court of Appeal ruling recently added to the growing number of California state and federal courts holding that the websites...
The COVID-19 pandemic and the recent civil unrest are having a disproportionate effect on people in California's low-income co...
Government, Constitutional Law, Civil Litigation
What are they thinking?
By Michael M. Berger
This is a story about railroads, property owners and government litigation strategy.
Government, Criminal
What is qualified immunity— and what is the future of the doctrine?
By Sean D. De Burgh
What exactly is qualified immunity? Why does it exist? How is it applied?
Intellectual Property, Entertainment & Sports
Coming revisions to the Digital Millennium Copyright Act
By Dariush G. Adli
As Congress gets ready to consider revisions to the 1998 landmark Digital Millennium Copyright Act, online service providers a...
Construction, Civil Litigation, California Courts of Appeal
When are contractor actions ‘willful’ under enforcement statutes?
By Garret D. Murai
What is the meaning and intent of the term “willful” under Business and Professions Code Section 7110 — and does a violation o...
Police procedurals have made the Miranda warnings so well-known that most Americans can recite them by rote. But there is a lo...
While voting by mail has become a political flashpoint, with President Donald J. Trump and Attorney General William Barr invei...
Family
Litigating trust and estate disputes before private judges
By Ryan J. Szczepanik, John D. Minton
It is not surprising that trust and estate disputes continue to increase. The number of people entering retirement age is incr...