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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 ...


U.S. Supreme Court, Constitutional Law

An Eighth Amendment takings case

Feb. 22, 2019
By Michael M. Berger

We have a different kind of takings case for you today. This one involves the state of Indiana’s seizure of a $42,000 Land Rov...


Constitutional Law

NRA-ties ordinance would fail in court

Feb. 22, 2019
By Elizabeth H. Baldridge

The Los Angeles City Council unanimously approved an ordinance on Feb. 12 requiring city contractors to disclose any ties they...


Husbands and wives rarely retain separate attorneys when creating an estate plan. When the spouses sign a conflict waiver, and...


Law Practice, Alternative Dispute Resolution

Lawyers are not generally trained or “attuned” to addressing their client’s feelings in the same way. Instead, the typical law...


Law Practice, Judges and Judiciary, State Bar & Bar Associations

Dissolving legal barriers (Part 2)

Feb. 21, 2019
By Curtis E.A. Karnow

On Wednesday, in the first part of this series I urged dissolving barriers among members of the legal profession. Here, I note...


U.S. Supreme Court, Intellectual Property

The Patent Office’s new guidance aims to upend the Supreme Court’s decision in Alice v. CLS Bank on two fronts.


Law Practice, Judges and Judiciary

Congress never intended to allow these fees to be set so high.


Law Practice, Family

Dealing with unfair conduct in family law cases

Feb. 21, 2019
By Antonio R. Sarabia II

Most law students have heard of unclean hands. But most seasoned family law practitioners are not familiar with disentitlement.


Law Practice, Judges and Judiciary, State Bar & Bar Associations

Dissolving legal barriers (Part 1)

Feb. 20, 2019
By Curtis E.A. Karnow

Trial judges and appellate justices rarely interact across their courts. Judges and lawyers have sporadic, desultory contact a...


The legal fight over inadvertent disclosures of privileged information due to unknown or unforeseen technology has already beg...


Tax, Civil Litigation, California Courts of Appeal, 9th U.S. Circuit Court of Appeals

A lump-sum award may push a plaintiff into a higher tax bracket. Not considering the taxes might effectively deny the plaintif...


Labor/Employment, California Supreme Court

In a decision that significantly narrows an employee’s remedies for wage and hour claims, the California Supreme Court unanimo...


Law Practice

Do you really need that expert witness?

Feb. 20, 2019
By Allen L. Lanstra, Kevin J. Minnick

When developing an expert case, the possibility of not hiring an expert at all or pulling an already retained expert prior to ...