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U.S. Supreme Court, Government, Constitutional Law

Our Constitution keeps on ticking

Feb. 13, 2018
By Kris Whitten

We do not know how current disputes will be resolved, but thanks to the Constitution’s Framers, we have a process for resolvin...


Transportation, Government, Corporate, Administrative/Regulatory

The future of privacy

Feb. 13, 2018
By Jonathan A. Michaels

Consider that the first space shuttle contained some 500,000 lines of software code. Today, the average 2018 automobile contai...


Labor/Employment

Workplace romance in the age of #metoo

Feb. 13, 2018
By Danielle H. Moore, Megan E. Walker

With the confessional floodgates open, our current society has a renewed awareness of harassment likely unseen since Anita Hil...


Government, Environmental & Energy, Corporate, Administrative/Regulatory

While most of the 2018 revisions have been characterized as simple clarifications, they also appear likely to spawn an entire ...


Civil Litigation, Corporate, Construction, California Supreme Court

Intentional interference claims and losing bidders

Feb. 13, 2018
By Garret D. Murai

What about after a contract is awarded? Is there a remedy available to unsuccessful bidders after an apparent low bidder is aw...


Tax, Government, Banking

If passed, Arizona's Senate Bill 1091 would allow income taxes to be paid in bitcoin and other cryptocurrency that is approved...


Ethics/Professional Responsibility

When an attorney discovers she has received privileged documents in error, crucial ethics questions arise, and they have serio...


U.S. Supreme Court, Government, Environmental & Energy, Administrative/Regulatory

Got a WOTUS challenge? Go straight to district court

Feb. 12, 2018
By Clark Morrison, Julia Stein

The U.S. Supreme Court has unanimously held that challenges to the so-called "Waters of the United States" rule must be heard ...


Judges and Judiciary, Government, Criminal, Civil Rights

‘Public defender’ isn’t just another job

Feb. 12, 2018
By Brendon D. Woods

The Los Angeles public defender has the potential to be the most influential public defender in the nation — and the office mu...


U.S. Supreme Court, Constitutional Law

First Amendment protection has practical limits. What if, for example, counterspeech proves to be ineffective, and tens of tho...


U.S. Supreme Court, Constitutional Law, Administrative/Regulatory

Drone Searches: A New Frontier for the Fourth Amendment

MCLE
Feb. 12, 2018
By Brandon K. Franklin, Kevin O. Moon

The use of drones spurs reassessment of time-honored privacy concerns.


Law Practice, Government

John Adams: John Hancock’s very own consiglieri

Feb. 9, 2018
By James Attridge

Americans all know that your signature is also called your John Hancock, after the patriot who signed the Declaration of Indep...


Civil Litigation, Law Practice, International Law, Corporate, California Supreme Court, State Bar & Bar Associations

California is missing out on international arbitration business

Feb. 9, 2018
By Richard Chernick, Howard B. Miller

Foreign lawyers and foreign parties to international commercial agreements have largely bypassed California and have chosen to...


Judges and Judiciary, Government, California Supreme Court, State Bar & Bar Associations, Alternative Dispute Resolution

Senate Bill 954 would put responsibility on attorneys to explain the possible consequences of mediation confidentiality and ob...


Judges and Judiciary, Ethics/Professional Responsibility, State Bar & Bar Associations

The Golden State should reform unnecessary, out-of-date and overly protectionist bar admission policies in federal district co...


Law Practice, Law Office Management, Ethics/Professional Responsibility

Avoiding unintended attorney-client relationships

Feb. 9, 2018
By Shari L. Klevens, Alanna G. Clair

There are many seemingly innocuous situations where — if an attorney is not careful — a party could believe or a court could f...


Real Estate/Development, Construction, Alternative Dispute Resolution

Mediating a luxury home construction defect case

Feb. 9, 2018
By Ross W. Feinberg

Luxury home cases are a far cry from the mass produced tract home or condominium construction defect cases that typically arise.


Government, Civil Rights

Lessons learned from the Patriot Picnic in San Diego

Feb. 9, 2018
By William Slomanson

The Feb. 3 event ostensibly pitted the “Patriots” against the “Chicanos.” They were separated by the police-laden Logan Avenue...


Intellectual Property, Entertainment & Sports

California law is very specific about what is considered a violation and what would be preempted by federal law.


Government, Environmental & Energy, Administrative/Regulatory

Beware climate policy shaped through lawsuits

Feb. 8, 2018
By Richard A. Epstein

Filing public nuisance suits against oil companies for making and distributing fossil fuels is not the right way to fashion in...


Intellectual Property

4th Circuit says ISP liable for copyright infringement

Feb. 8, 2018
By Mitchell L. Stoltz

The ruling is the first to hold an internet service provider liable for copyright infringement by its customers, making it a c...


Securities, Corporate, 9th U.S. Circuit Court of Appeals

9th Circuit decision clarifies securities fraud loss causation rule

Feb. 8, 2018
By Ex Kano S. Sams II, Jonathan M. Rotter

While establishing loss causation in securities fraud actions is not always factually simple, it is helpful to be reminded tha...


Government, Environmental & Energy, Administrative/Regulatory

As reporting regulations proliferate, so does risk to industry

Feb. 8, 2018
By Maureen F. Gorsen, Geoff Rathgeber

Agencies are increasingly finding small errors in the reports and assessing significant penalties — they consider these paperw...


Civil Litigation, Family

Despite the fact these contracts end up in civil court when litigated, few civil attorneys, let alone family law attorneys, ha...


Letters, Judges and Judiciary

What’s missing from the Nassar discussion

Feb. 8, 2018
By Eugene M. Hyman

Judges are required to be fair, neutral and impartial and to be perceived as such at all times.


Civil Litigation, California Courts of Appeal, Appellate Practice

Civility and professionalism are neither indicia of bad faith, nor “hallmarks of … delay.” Yet a recent Court of Appeal decisi...


Immigration, Government, Constitutional Law, 9th U.S. Circuit Court of Appeals

Ruling denying immigrant minor right to counsel conflicts with precedent

Feb. 7, 2018
By Rachel K. Prandini, John E. Schreiber

The 9th Circuit recently denied a petition for review of a deportation order filed on behalf of a child who had been forced to...


Appellate Practice

Appeals are for losers

Feb. 6, 2018
By Benjamin G. Shatz

This should sound obvious. But litigation is complicated, and a win rarely emerges after a completely one-sided process.


U.S. Supreme Court, Intellectual Property, Entertainment & Sports

What does it mean to register a copyright?

Feb. 6, 2018
By Corey Field

With a history going back to 1790, it may come as a surprise to learn that the U.S. Supreme Court is about to decide for the f...


U.S. Supreme Court, Intellectual Property

The evolving standard for patent claim definiteness

Feb. 6, 2018
By Lingling Zhao Ph.D., Clark Zhang Ph.D.

A recent Federal Circuit opinion clarified the “reasonable certainty” standard for patent claim definiteness established by th...