International Law, Intellectual Property, Government, Antitrust & Trade Reg.
Next round of NAFTA talks may focus on IP protection
By Clark Zhang Ph.D., Vikram Iyengar
In April, the United States, Canada and Mexico will hold their latest round of negotiations to revise the North American Free ...
Judges and Judiciary, Immigration, Government, 9th U.S. Circuit Court of Appeals
Behind closed doors at the 9th Circuit
By Joshua M. Stein
The Oral Screening Panel is meant to help streamline the court's workload but often results in deportation decisions being mad...
U.S. Supreme Court, Civil Litigation, Constitutional Law, 9th U.S. Circuit Court of Appeals
Constitutional protection against temporary takings
By Michael M. Berger
A common sense conclusion lies at the heart of the Martins Beach case -- that is, the constitution does not distinguish betwee...
Letters, Law Practice, Judges and Judiciary, Government
To ignore integrity is to attack integrity
By Mariano-Florentino Cuéllar
As Justice Anthony Kline reminds us, certain developments in recent years have threatened to make it more difficult for courts...
Civil Litigation, Education Law, Criminal, California Supreme Court, California Courts of Appeal
New ground for California college students
By Alan Charles Dell'Ario
When she went to her UCLA chemistry lab on Oct. 8, 2009, Katherine Rosen didn't know her classmate was hearing voices in his h...
Probate, Family, California Supreme Court, 9th U.S. Circuit Court of Appeals
High court can recognize broad aspirations of fertility patients
By Judith Daar
The 9th Circuit is asking the California Supreme Court to interpret the impact of a state law bearing on the parental status a...
Government, 9th U.S. Circuit Court of Appeals
‘Scraping’ is just automated access, and everyone does it
By Jamie Lee Williams
If courts allow companies to use the Computer Fraud and Abuse Act to block automated access by competitors, it will threaten o...
Law Practice, Judges and Judiciary, Government
Dangerous courthouses put employees at risk
By Eric Siddall
If a private landlord rented a commercial office space and the building was considered unfit to withstand an earthquake, we wo...
Civil Litigation, Criminal, California Supreme Court, 9th U.S. Circuit Court of Appeals
Preliminary hearings and issue preclusion
By Denis Binder
Does a finding of probable cause in a preliminary hearing preclude a subsequent false arrest claim? Courts are split.
Civil Litigation, Government, Contracts, Construction, California Supreme Court, California Courts of Appeal
Ruling is a windfall to second-place bidders
By Michael J. Maurer, Dana M. Howard
A recent California appellate court opinion highlights the danger that the design-bid-build system can bring when it is not ap...
Civil Litigation, Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals
En banc review of 'Blurred Lines' case is warranted
By Elliot N. Brown, Moon Hee Lee
In a split decision, the 9th Circuit affirmed in part and reversed in part the judgment after a jury trial that Pharrell Willi...
Ethics/Professional Responsibility, State Bar & Bar Associations, Appellate Practice
5 things you should know about State Bar Court appeals
By Jennifer Teaford
The court follows different procedural rules from other appellate courts — and attorneys brought before the court for discipli...
Labor/Employment, Government
The Public Employment Relations board: a primer
By David G. Ritchie
In all, approximately 4,200 public employers within the state of California and an estimated 2.7 million public employees, are...
The widening gap between how the law is expected to be (and generally is) practiced, and certain events transpiring in our pol...
U.S. Supreme Court, Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals
Ruling may lead to split on infringement by tweet
By Elliot N. Brown
The Southern District of New York disagreed the 9th Circuit about the so-called "server test."
U.S. Supreme Court, Tax, Criminal, Administrative/Regulatory
Justices rein in IRS obstruction prosecutions
By Nathan J. Hochman
By rejecting the government's expansive interpretation of the tax obstruction statute, the Supreme Court has required fair war...
Judges and Judiciary, Ethics/Professional Responsibility, Criminal
Elected DAs shouldn't be so politically motivated
By Patrick Dixon, Mario Mainero
One wishes that the elected district attorney of a county were not so politically motivated as to skirt the ethical rules and ...
Law Practice, Ethics/Professional Responsibility
Disaster readiness: Ethics in a new age
By Heather L. Rosing
Even in light of a life-altering disaster, an attorney must act competently, preserve confidentiality, maintain confidentialit...
Law Practice, Ethics/Professional Responsibility
The difficult decision to sue a client for unpaid fees
By Shari L. Klevens, Alanna G. Clair
Some attorneys and firms make a principled decision to never sue their clients. Whether altruistic or risk-adverse, a law firm...
Thanks to a Court of Appeal case, family law attorneys can answer with more clarity questions concerning when a spouse’s separ...
U.S. Supreme Court, Securities, Civil Litigation
Federal securities statutes say what they say
By Alex G. Romain, Jenna G. Williams
This week, a unanimous U.S. Supreme Court ruled that the Securities Litigation Uniform Standards Act grants state courts the j...
Judges and Judiciary, Government, Criminal
Lawmakers must heed call to make more just bail system
By Peter P. Espinoza
During Monday’s State of the Judiciary address, Chief Justice Tani G. Cantil-Sakauye once again called on California lawmakers...
Securities, Civil Litigation, 9th U.S. Circuit Court of Appeals
Corporate mismanagement and scienter in securities class actions
By Ellen M. Murphy, Stephanie Albrecht
Earlier this month, the 9th affirmed dismissal of a securities class action against on the basis that the inference of sciente...
Civil Litigation, Labor/Employment, Administrative/Regulatory
Joint-employer standard left unsettled after NLRB vacates ruling
By Charles S. Birenbaum, Jamie R. Rich
Franchisors must be mindful of their business practices to avoid being held liable for labor law violations committed by franc...
Letters, Judges and Judiciary, Criminal
Politics has no place in California courts
By Edward R. Leonard
When elected officials choose to issue personal attacks, suggest bias or collusion, or otherwise attempt to politicize the cou...
Securities, Environmental & Energy, Corporate, Administrative/Regulatory
A sea change in climate change disclosure?
By Don J. Frost Jr., Thomas J. Ivey
In years past, shareholder initiatives to enhance climate change reporting beyond this basic level of disclosure typically exp...
Securities, Civil Rights
Settlement a first for data breach-related securities class action
By Anita Taff-Rice
Yahoo! Inc. recently stipulated to an $80 million settlement related to its massive 2013 and 2014 data breaches. But not one d...
Government, Criminal, California Courts of Appeal
Court: ‘Hold my beer’
By Brian M. Hoffstadt
Does the judicial branch ever tell the political branches of government, "Hold my beer"? The recent efforts to reform Californ...
Civil Litigation, Letters, Government, Alternative Dispute Resolution
Is contract provision at issue in Stormy Daniels lawsuit contrary to law?
By Barry Winograd
I write to follow up on Michael Leb’s March 20 column on the restraining order in the legal conflict between Stephanie Cliffor...
Letters, Judges and Judiciary, Government
Data tell more positive story of Brown's impact on the bench
By Joshua D. Wayser, Therese M. Stewart
We feel the recent story on Jerry Brown’s judicial picks doesn’t paint an accurate picture of all that the governor has done t...