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Government, Criminal

On March 2, the Los Angeles Times editorial board attacked district attorneys as craven politicians out to maximize punitive s...


Military Law, Criminal

Veterans and domestic violence

Mar. 6, 2019
By Eileen C. Moore

The impact of military service can manifest itself on the lives of everyone in a veteran’s family in countless ways. Military ...


U.S. Supreme Court, Environmental & Energy

Clean Water Act cases head to the high court

Mar. 5, 2019
By Davina Pujari, Sean G. Herman

The U.S. Supreme Court has agreed to hear two cases involving whether the act regulates discharges of pollutants to groundwater.


Civil Litigation, California Courts of Appeal

Most lawyers familiar with arbitration understand that it is not a judicial proceeding, but it might come as a surprise to lit...


Law Practice

The OJ Simpson “trial of the century,” already distant enough in the past to be the subject of fictional revision, offers a fe...


Tax, Corporate

Are you selling a business, or perhaps helping a client to sell a business? In any of these circumstances, it pays to think ab...


Judges and Judiciary, Appellate Practice

Invisible Justice

Mar. 5, 2019
By Benjamin G. Shatz

The typical appellate court decision names the judges who decided the case and specifies which is the author and which two are...


Intellectual Property

Can we patent our machine-learning innovation?

Mar. 5, 2019
By John E. Kind

The phrase “on the internet” became a running joke with patent attorneys after the dot com boom; today it might be “machine le...


Constitutional Law

In the battle between desire for public access and environmental preservation, respecting property rights is the best solution


Civil Litigation, Health Care & Hospital Law, Administrative/Regulatory

Government worried about proving intended loss in criminal health care cases

Mar. 4, 2019
By Byron J. McLain, Pamela Johnston

Three pending 9th Circuit decisions out of the Central District of California could alter how loss amounts are calculated for ...


Law Practice, Judges and Judiciary

Take a breath

Mar. 4, 2019
By Arthur Gilbert

When I use commas, it’s so the reader can take a break.


Civil Litigation

In the first installment of this series, we discussed general considerations and unique aspects of California's anti-SLAPP sta...


Law Practice, California Supreme Court, Appellate Practice

Oral arguments before the California Supreme Court

Mar. 4, 2019
By Myron Moskovitz

Over the years, I’ve watched quite a few oral arguments before the California Supreme Court. While watching, I tend to focus o...


Civil Litigation

Ironically, a law passed to help curb excessive litigation has only brought about more of it.


Civil Litigation, Labor/Employment, California Supreme Court

Did Timbs set up constitutionality problems for PAGA?

Mar. 1, 2019
By Maria Z. Stearns, Peter Hering

California employers may have an arrow in their quiver to challenge the constitutionality of California’s Private Attorneys Ge...


U.S. Supreme Court, Constitutional Law

In fact, the Supreme Court’s most important campaign finance decision came down more than 40 years ago.


In September, California became the first state to ban the sale of most cosmetics tested on animals. The passage of Senate Bil...


Letters

San Francisco Superior Court Judge Curtis E.A. Karnow’s excellent guest column reminded me of personal experiences that relate...


Entertainment & Sports

Last year LeBron James filed a trademark application with the United States Patent and Trademark Office to register the phrase...


International Law, Intellectual Property

A sea change for protecting IP online

Feb. 28, 2019
By Mark S. Lee

The European Union seems poised to balance the rights of online service providers and intellectual property owners very differ...


Last week the Trump administration released a proposal to rescind or eliminate the H-4 EAD program.


Intellectual Property, Criminal

Implications of trademark forfeiture in US vs Mongol Nation

Feb. 27, 2019
By Jennifer Rothman, Rebecca Tushnet

Last month, District Judge David O. Carter invited the submission of amicus briefs to address a series of questions regarding ...


U.S. Supreme Court, Constitutional Law

Excessive fine guidance needed

Feb. 27, 2019
By David B. Smith, Jed M. Silversmith

The U.S. Supreme Court stopped short of providing additional guidance as to what constitutes an excessive fine in this context...


U.S. Supreme Court, Constitutional Law

This week the U.S. Supreme Court will hear arguments in a case that will remind many Californians of the Mt. Soldad controversy.


U.S. Supreme Court, Civil Litigation

MICRA can’t survive Timbs

Feb. 26, 2019
By Robert S. Peck, Bruce M. Brusavich

The U.S. Supreme Court’s decision last week to apply the excessive fines prohibition of the Eighth Amendment to the states, Ti...


U.S. Supreme Court, Appellate Practice

What Justice Joseph McKenna didn’t know when he accepted Embry’s resignation was the lede in the morning’s New York papers: So...


Tax, Government, California Supreme Court

Ruling is causing uncertainty over local special taxes

Feb. 25, 2019
By Kelly J. Salt, Lutfi Kharuf

Following a recent California Supreme Court decision, the voter approval requirements for special taxes proposed via a citizen...


Entertainment & Sports, Civil Rights

It’s time to call strike three on the ‘baseball rule’

Feb. 25, 2019
By Michael E. Rubinstein

Last fall, a fan was fatally struck by a foul ball at Dodger Stadium -- but when fans are hurt watching America's favorite pas...


Civil Litigation, Law Practice, Appellate Practice

Practicing appellate law is like walking along the beach: Avoiding the big wave that can wipe you out is pretty easy to do, bu...


Tax, Entertainment & Sports

If the rumored settlement range is true, that’s a nice payday. But how much the lawyers take, and how much taxes take, should ...