Law Practice, Civil Litigation, Appellate Practice
Appellate Adventures, Chapter 10: “If It Ain’t Clear, It Ain’t There!”
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
U.S. Supreme Court, Government, Constitutional Law
Reflections on the Supreme Court’s census ruling
By Robin B. Johansen
The U.S. Supreme Court’s recent decision on adding a citizenship question to the upcoming census offers some reassurance that ...
Securities, Government, Corporate, Administrative/Regulatory
Bill aims to tidy up ‘judicial mess’ of insider trading law
By Thomas A. Zaccaro, Nicolas Morgan
The House Committee on Financial Services recently approved a bill, the Insider Trading Prohibition Act, which creates a statu...
Civil Litigation, Intellectual Property, Corporate, Antitrust & Trade Reg.
To cooperate, or not to cooperate? That is the question in FTC v. Qualcomm
By John S. Gibson, Christy A. Markos
Last month's win for the Federal Trade Commission in FTC v. Qualcomm illuminates an increasingly fractured fault line in this ...
U.S. Supreme Court, Civil Litigation
California’s Armendariz opinion violates federal law
By Fred J. Hiestand, Benjamin G. Shatz
A recent appellate opinion that found an arbitration provision contained in a law firm’s partnership agreement unconscionable ...
Civil Litigation, Intellectual Property
Issue-preclusive effect of agency decisions in the patent context
By Irfan A. Lateef, Josepher Li
In the aftermath a 1971 Supreme Court decision courts have applied issue preclusion to end patent lawsuits. Just a few years a...
Ethics/Professional Responsibility, State Bar & Bar Associations
What to do when you hear from the State Bar
By Murray Greenberg
Where we left off in part one (June 21) of this series: You have received and digested the communication from the State Bar in...
Civil Litigation, California Supreme Court
Got a final award? It ain’t necessarily so.
By Michael R. Diliberto
The California Supreme Court recently said it is timely to submit a request for costs under CCP Section 998 to the arbitrator ...
U.S. Supreme Court, Tax
Cutting California taxes armed with Supreme Court’s trust ruling?
By Robert W. Wood
The U.S. Supreme Court unanimously ruled that a state could not tax an out of state resident on trust income without minimum c...
Government, Constitutional Law
Subpoenas: essential to effective functioning of the legislature
By John H. Minan
The constitution is silent on presidential absolute immunity. Although presidents routinely invoked the claim of executive pri...
Letters, Education Law, 9th U.S. Circuit Court of Appeals
Clarifications to letters responding to recent column on Title IX ruling
By David Urban
This response provides two clarifications to comments regarding my June 12 article on the 9th Circuit’s recent Title IX ruling.
Letters, Judges and Judiciary, Government, Constitutional Law
Columns reveal lamentable developments for our legal and political systems
By John K. Haggerty
In two of his recent articles, appellate attorney Myron Moskovitz has generously provided us with his valuable insights regard...
A bill in Congress would amend the Age Discrimination in Employment Act to reverse and correct a 2009 U.S. Supreme Court decis...
Bankruptcy, 9th U.S. Circuit Court of Appeals
Ruling reveals potholes in the road to Chapter 11 for cannabis businesses
By Jerrold L. Bregman
To save a successful Chapter 11 restructuring from, in the words of the 9th U.S. Circuit Court of Appeals, going “up in smoke,...
Governor Gavin Newsom delivered on his campaign’s promise to invest in California’s children and families in the Budget Act of...
Insurance
Trade usage overlooked in insurance policy interpretation
By Michael S. Gehrt
Insurance policies are full of phrases and terms that might have one “ordinary and popular” meaning but a completely different...
Tax, Civil Litigation
Are damages in wrongful life and wrongful birth cases taxable?
By Robert W. Wood
As medicine, science, and the law continue to develop, lawsuits for wrongful birth and wrongful life are increasingly being re...
An absolute ban on all uses of all forms of a particular technology is rarely, perhaps even never, appropriate, at least where...
Artificial intelligence is all the rage. We constantly hear about it in one form or another. Automation. Big data. Machine ...
Criminal, 9th U.S. Circuit Court of Appeals
9th Circuit finds it is acceptable to use leniency towards a defendant’s child as a bargaining chip in plea bargaining
By Thea Johnson
A 9th Circuit panel held that such pleas are involuntary if the government lacked probable cause to prosecute the third party ...
Intellectual Property
Protecting Intellectual Property in the rapidly evolving age of AI
By James L. Davis, Steve Meil
While work on AI-related technology started over 60 years ago, more than half of the nearly 340,000 AI-related patent applicat...
U.S. Supreme Court, Labor/Employment
Participation waivers test Federal Arbitration Act’s limits
By Ari J. Stiller
This comes up often when the named employee in a class action doesn’t sign an arbitration agreement, but other employees do.
Math skills are disappearing from the legal profession
U.S. Supreme Court, Constitutional Law
An ultimately underwhelming ‘Peace Cross’ decision
By Glenn C. Smith
Sometimes Supreme Court controversies promising tectonic shifts in constitutional rights and legal doctrines do not turn out t...
U.S. Supreme Court, Civil Litigation
When the FCC speaks, everyone must listen... maybe
By Eric J. Troutman
That a district court could not ignore or refuse to follow an order by the Federal Communications Commission related to the Te...
Labor/Employment, Corporate
Private companies and employees: Calling your attention to equity call rights
By Thomas M. Asmar
Companies seeking to reward employees for their contributions during their employment through the use of equity awards may not...
U.S. Supreme Court, Constitutional Law
Opening the federal courthouse door to takings claims
By Marc D. Alexander
In 2017, Professor (now Dean) Erwin Chemerinsky’s book, “Closing the Courthouse Door,” was published. The book’s subtitle pres...
Tax, Law Practice
Preparing for sunset: What lawyers need to know about the gift and estate tax
By Elizabeth A. Bawden
The Tax Cuts and Jobs Act passed at the end of 2017 doubled the estate and gift tax exemption. With much aplomb, it was announ...
As a law professor, I have realized we need to teach students a skill they by and large lack when they enroll: how to use the ...
Civil Litigation, Letters, Environmental & Energy
Corrections, clarifications to column on CARB Scoping Plan suit
By John Gamboa
I write to make three important corrections, and one clarification, to Howard Miller’s June 13 column, “Tectonic legal plates:...