Civil Litigation, Government
Whistleblower protections more robust after ruling
By Eric J. Buescher
For whistleblowers who file under state law, the protection and reward they are entitled to is more robust today because of a ...
Technology is released, someone figures out how to hack it, tech is updated, someone figures out how to hack that, and so the ...
Even if one grants that we humans have consciousness, how do we know it was not something implanted in our brains like a compu...
Law Practice, Ethics/Professional Responsibility
Using technology to prevent claims
By Shari L. Klevens, Alanna G. Clair
Adopting technologies can help lawyers reduce the risk or even the impact of the mistakes and client relations issues that can...
California steps in with its own net neutrality rules
By Anita Taff-Rice
All internet traffic may not be equal in the eyes of the Federal Communications Commission, but California legislators voted l...
Civil Litigation, Intellectual Property
Federal Circuit ruling may affect patent eligibility arguments
By Eric Zhou
A recent Federal Circuit opinion shows that not all improvements in computer and software-based claims will qualify as being t...
Civil Litigation, Construction, California Courts of Appeal
Are you sure that private project isn’t public works?
By Garret D. Murai
Even if a public entity does not directly construct or finance a project, a project may nevertheless be found to be a public w...
Immigration, Government
Older immigrants’ access to basic needs programs is at risk
By Denny Chan, Natalie Kean
Possible federal action imposes grave immigration consequences on older adults and their families for accessing public benefits.
Administrative/Regulatory
After fur bans, expect local animal protection laws to gain momentum
By Elizabeth Holtz
San Francisco’s law goes into effect in January, paving the way for it to become the largest city in the United States to ban ...
Law Practice, Ethics/Professional Responsibility, California Supreme Court
Clients get notice, period
By Samuel C. Bellicini
The unmistakable takeaways from a recent California Supreme Court ruling: (1) Clients get notice. Period. No exceptions. And (...
International Law, Criminal, Corporate, Administrative/Regulatory
Appellate ruling curtails FCPA accomplice, conspiracy liability
By Nathan J. Hochman
The 2nd Circuit recently ruled that the Foreign Corrupt Practices Act does not apply to nonresident foreign nationals, acting...
Civil Litigation, Intellectual Property, Constitutional Law
Is scandalous trademark bar unconstitutional, too?
By Ned Snow
The scandalous clause prohibits trademark registration of expression that offends a person’s conscience or moral feelings, whi...
Government, Constitutional Law
Emoluments suit helps Congress discharge its duty
By John H. Minan
Senator Richard Blumenthal and 200 other members of Congress have sued Trump in federal district court in Washington, D.C. to ...
Civil Litigation, Government, California Supreme Court
Referendum can lead to zoning inconsistent with general plan
By Stephen P. Graham
The California Supreme Court heldthat a referendum challenging a zoning ordinance amendment seeking to make the ordinance cons...
Law Practice, Law Office Management
Keep cyberthreats from ever entering your firm's system
By Paul R. Kiesel
By forcing your server to jump through these hurdles you are keeping the bad actors out. If you take nothing away from this ar...
Law Practice, California Courts of Appeal, Appellate Practice
Did you notice that this fact was not in the record on appeal?
By Benjamin G. Shatz
An appellate court's review is generally cabined by the universe of facts that were "before the trial court for its considerat...
These might be quibbles. Most of the Style Manual is helpful. I just needed to get this off (my chest). Or — coming soon — [my...
Judges and Judiciary, Criminal
Budget constraints call for rethinking felony procedures
By George K. Rosenstock
Proposed here is the global replacement of preliminary examinations in felony cases by the use of multiple month-long impanele...
Ethics/Professional Responsibility, Administrative/Regulatory
Lawyers with cannabis clients are caught in the ethical weeds
By Hanspeter Walter
Lawyers face unique ethical and professional issues when representing cannabis businesses.
Litigation & Arbitration, Construction, Civil Rights, California Courts of Appeal
A curious case of construction defects and unwaivable rights
By Timothy D. Reuben
Disappointingly, the 4th District Court of Appeal affirmed a trial court confirmation of an arbitration award that took away a...
Environmental & Energy, Administrative/Regulatory
David’s green slingshot
By Christa Lim
It only takes a village (in New York) to alter environmental review under California’s regulatory regime.
Matthew Kneale has attempted to compress 2,500 years of Roman history into less than 400 pages by taking an ingenious approach...
Tax
Guidance lists ‘winners’ and ‘losers’ of new pass-through tax break
By Phil Jelsma
Earlier this month, the Internal Revenue Service issued sweeping proposed regulations for the pass-through entity tax break ou...
Environmental & Energy, Administrative/Regulatory
Wildfires, farms, fish and meeting water demands
By Meredith E. Nikkel
California’s record-breaking wildfires in 2018 raise not only climate change and forest management issues, but also spotlight ...
Labor/Employment
A thin line: brand protection vs infringing on employee rights
By Deborah Birndorf Zeiler
Employers still must grapple with the tug-of-war between protecting the brand on infringing on employee rights.
Government, Criminal
Bail law might leave some accused stuck in jail
By Louis J. Shapiro
Under SB 10, for some offenses, a person will have to wait in jail for up to three days to be assessed at arraignment to deter...
Constitutional Law, 9th U.S. Circuit Court of Appeals
Interest? You think we owe you interest?
By Michael M. Berger
As the 9th Circuit put it, the teachers charged that interest had been "skimmed" from their accounts and given to others.
A hybrid strategy for protecting your cannabis-related IP
By Dariush Adli
Businesses face unique IP challenges since cannabis is still illegal under federal law.
Civil Litigation, Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals
Plaintiffs in pre-1972 recording cases scored a big win
By Morgan Pietz, Daniel B. Lifschitz
The 9th Circuit said a remaster is ineligible for independent protection unless its essential character and identity reflect ...
A new school year is starting, and I will be teaching Asian-Americans and the Law. I believe it is worthwhile to explain the c...