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 ...
U.S. Supreme Court, Constitutional Law
An Eighth Amendment takings case
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...
The Los Angeles City Council unanimously approved an ordinance on Feb. 12 requiring city contractors to disclose any ties they...
Family
Is the conflict between your husband and wife estate planning client nonwaivable?
By Randy Spiro
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
Should lawyers and mediators also play the role of therapists?
By Jan Frankel Schau
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)
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
Patent Office guidance does not adhere to Alice
By Alex Moss
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
High cost of court records through PACER contrary to First Amendment values
By Caitlin Vogus
Congress never intended to allow these fees to be set so high.
Law Practice, Family
Dealing with unfair conduct in family law cases
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)
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
Court OKs award to neutralize tax liabilities on lump-sum payment
By Robert W. Wood
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
Ruling will significantly limit remedies in wage and hour cases
By Eileen R. Ridley
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?
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 ...