Intellectual Property, Government
Momentum grows in Senate for updating patent eligibility standards
By Stuart Meyer
Intellectual property legislation is rarely front of mind for legislators, and more pressing concerns often leave IP proposals...
Law Practice, Insurance, Ethics/Professional Responsibility, State Bar & Bar Associations
Mandatory malpractice insurance group to present findings
By Kenneth C. Feldman
The subcommittee studying the "advisability of mandating errors and omissions insurance for attorneys" met on Dec. 7, 2018, to...
U.S. Supreme Court, Health Care & Hospital Law, Administrative/Regulatory
If ruling stands, millions could lose health care coverage
By John H. Minan
Since the ACA became embedded as part of the health care system, Americans without health insurance dropped from 16.8 percent ...
Civil Litigation, Law Practice, Appellate Practice
On Stipulated Reversals
By Christopher D. Hu
Litigants often face special obstacles to settlement on appeal. Sometimes, the appellant insists on a reversal of the trial co...
Labor/Employment, California Supreme Court
High court weighing liability of payroll-service providers
By Andy Y. Chen
Whichever way the California Supreme Court decides will have monumental ramifications for the competitive and fragmented payro...
Law Practice, Ethics/Professional Responsibility
Key issues relating to motions to disqualify
By Shari L. Klevens, Alanna G. Clair
When a motion to disqualify is filed, tensions often run high. The attorney targeted by the motion may feel a mix of anger at ...
Law Practice, Ethics/Professional Responsibility
Why your firm needs a lawyer
By Daniel O'Rielly, Dena Roche
For many law firm partners, even those who run and manage law firms large and small, the idea that a law firm needs its own la...
Corporate
Corporate governance best practices should begin well before an IPO
By Richard S. Horvath Jr.
Last month the Delaware Court of Chancery issued an important decision denying a motion to dismiss derivative litigation.
California Courts of Appeal
An open letter to our appellate court justices
By James P. McBride
You have strayed from the traditions of legal literature. Where is the flair?
I wish we did not have to do so, but it turns out to be as difficult as it is necessary to debate facts. More than that, those...
Top 10 cybersecurity predictions for the new year
By Robert E. Braun, Michael A. Gold
’Tis the season for prognostication — from September through March, pundits and would-be pundits make their predictions, rangi...
California Courts of Appeal, Appellate Practice
Claim preclusion across jurisdictions: Navigating the labyrinth
By Ryan P. McCarl
Unfortunately for 1Ls, bar examinees, and litigants, claim preclusion can be complex. Its boundaries are fuzzy. It is one of t...
Civil Litigation, Insurance, Construction
Suggestion for your 2019 reading list: Your insurance policy
By Garret D. Murai
Let me suggest something for your 2019 reading list: Your insurance policy. Ok, I know that’s about as likely as Nancy Pelosi,...
Civil Litigation, Law Practice
Navigating the difficult waters of an attorney-client breakup
By Natalie S. Pang, Brian S. Kabateck
Attorneys must be aware that a trial court will not tolerate motions to withdraw being used as a delay tactic or litigation ta...
In the law, are there exceptional forces with the power to revive an appeal from its grave? (Cue creepy organ music.) Indeed, ...
Judges and Judiciary, California Supreme Court
Governor Sunshine’s Court
By David A. Carrillo, Stephen M. Duvernay
Joshua Groban, Gov. Jerry Brown’s final appointment to the California Supreme Court, was confirmed by the Commission on Judici...
Government, Constitutional Law
Presidential inability isn’t new, it just wasn’t public
By John H. Minan
It generally was concealed from the American public. President Woodrow Wilson, for example, was incapacitated by several strok...
U.S. Supreme Court, Civil Litigation, Constitutional Law, California Supreme Court
The exact nature of California’s standing doctrine
By Michael D. Harbour
California judges disagree about the exact nature of California’s standing doctrine, in particular the extent to which it mirr...
U.S. Supreme Court, Constitutional Law, California Supreme Court
Realigning takings law in California
By Michael M. Berger
A recent Court of Appeal decision raised the issue of realigning California takings law with paramount federal authority. Why ...
Tax, Government
Push back on Treasury nondisclosure rule and new parking tax guidance
By Erin Bradrick
With the implementation of many provisions of the Tax Cuts and Jobs Act, the drama surrounding the Donald J. Trump Foundation,...
Family, Civil Rights
Anniversary brings no-fault divorce history into spotlight
By Nathalie Paluch
The 50-year anniversary of California’s signing of the first no-fault law warrants a look back on the history of what this mom...
Law Practice, California Supreme Court, State Bar & Bar Associations
The faulty standard used for the California Bar Exam
By Mitchel L. Winick
Separate but equal ... strength and agility tests ... don’t ask, don’t tell ... the history and laws of the United States are ...
Recruiting diverse attorneys begins with building an inclusive law firm environment
By G. Michelle Ferreira
Potential hires want to see a firm is advancing equal opportunity in all aspects of operations and practice, and taking concre...
Law Practice, Ethics/Professional Responsibility
Attorney-client privilege can be a thorny issue for in house counsel
By Jack H. Robbins
What is the obligation to protect this privilege if the attorney is an employee of the business, serving as general counsel?
Military service doesn’t automatically stay proceedings
By Hirbod Rashidi
Family law proceedings almost exclusively deal with state law. At times, however, federal law issues come into play and when t...
U.S. Supreme Court, Civil Litigation, Admiralty/Maritime
Personal injury on the high seas
By Molly Henry
The case asks whether punitive damages are available in a crewmember’s personal injury suit alleging a violation of the genera...
Environmental & Energy, Administrative/Regulatory
A shift in the current: Update on Clean Water Act WOTUS rule
By Wendy L. Manley
The controversial definition of “waters of the United States,” aka WOTUS, which establishes the reach of federal jurisdiction ...
Intellectual Property
Investments and intellectual property: What you need to know
By Joseph Teleoglou
As an investor, you obviously want to make a smart decision and invest in a thriving, growing, and well-protected company, but...
Distributed ledger technology powers ahead in the energy sector despite the downturn in crypto markets.
Tax
Is it the time of the year to start sending ‘pay me next year’ requests?
By Robert W. Wood
“Pay me next year” requests are common with employers, suppliers, vendors, customers and more. And this time of year, many peo...