Government, Criminal
Who’s afraid of judicial review? A response to the LA Times
By Eric Siddall
On March 2, the Los Angeles Times editorial board attacked district attorneys as craven politicians out to maximize punitive s...
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
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
Arbitration proceedings not a protected activity under anti-SLAPP
By Jennifer J. Hagan
Most lawyers familiar with arbitration understand that it is not a judicial proceeding, but it might come as a surprise to lit...
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
Selling a business triggers taxes for owners, company or both
By Robert W. Wood
Are you selling a business, or perhaps helping a client to sell a business? In any of these circumstances, it pays to think ab...
The typical appellate court decision names the judges who decided the case and specifies which is the author and which two are...
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
Public access, environmental preservation and property rights
By Jeremy B. Talcott
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
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 ...
When I use commas, it’s so the reader can take a break.
Civil Litigation
Anti-SLAPP conundrum: Navigating the still-uncharted waters
By A. Marco Turk
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
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
Anti-SLAPP conundrum: Navigating the still-uncharted waters
By A. Marco Turk
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?
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
Looking back at the high court’s landmark campaign finance rulings
By William K.S. Wang
In fact, the Supreme Court’s most important campaign finance decision came down more than 40 years ago.
Administrative/Regulatory
Step forward for animals in research: California restricts use of animals in cosmetics testing
By Elizabeth Holtz
In September, California became the first state to ban the sale of most cosmetics tested on animals. The passage of Senate Bil...
San Francisco Superior Court Judge Curtis E.A. Karnow’s excellent guest column reminded me of personal experiences that relate...
Entertainment & Sports
Beyond the game: Representing athletes as influencers
By Jaia Thomas
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
By Mark S. Lee
The European Union seems poised to balance the rights of online service providers and intellectual property owners very differ...
Proposed rule may rescind or eliminate H-4 EAD program
By Nandini P. Nair
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
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
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
At cross purposes: A guide to arguments in church/state case
By Glenn C. Smith
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
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
Selling secrets: The disturbing tale of Supreme Court clerk Ashton Embry
By Ben Feuer
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
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’
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
Riding the wave of a successful appeal in California state courts
By Eric M. Schiffer
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
Uncle Sam scores in the NFL’s settlement with Kaepernick,too
By Robert W. Wood
If the rumored settlement range is true, that’s a nice payday. But how much the lawyers take, and how much taxes take, should ...