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U.S. Supreme Court, Constitutional Law

Eminent domain, the movie

Apr. 25, 2018
By Michael M. Berger

If you ever wanted to know what it’s like to be the target of a government agency that covets your home, go see a new movie ca...


Letters, Judges and Judiciary

Defend the independence of the judiciary

Apr. 25, 2018
By Rupert A. Byrdsong, Brenda Harbin-Forte

As part of our mission to eradicate all forms of bias, we support and defend the independence of the judiciary and reject part...


Civil Litigation, Law Practice

Ned Good talked the talk and walked the walk

Apr. 25, 2018
By Stanley K. Jacobs

When I joined CAALA in 1961, there were only approximately 250 members, but among them were some great lawyers. But Ned was in...


Government, Criminal

It’s Public Defender, not Public Pretender

Apr. 24, 2018
By L. Song Richardson

In searching for a new chief public defender, the L.A. Board of Supervisors should only consider candidates with substantial e...


Law Practice, California Supreme Court, Appellate Practice

In part one of this series, we broke down the numbers of what types of cases the court heard, where they came from, and the ho...


Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals

A devilish conflict: Public employment and religious expression

Apr. 24, 2018
By Nathan J. Kowalski, Irma Rodriguez Moisa

Fortunately, the 9th Circuit has published several instructive decisions involving the interplay of religious freedoms and the...


U.S. Supreme Court, Civil Litigation, Intellectual Property

The dramatic drop in allowance and increased patent invalidation rates should be discussed with inventors and businesses so th...


Transportation, Law Practice, Insurance

The long road to autonomous vehicle adoption

Apr. 24, 2018
By Jonathan A. Michaels

Autonomous technology is far from perfected, but the end result will benefit generations who have yet to even be conceived.


Judges and Judiciary, Civil Rights, California Supreme Court

Access to justice in any language

Apr. 23, 2018
By Mariano-Florentino Cuéllar

We all have a stake in language access in California courts — the legitimacy and viability of the legal system in such a diver...


U.S. Supreme Court, Immigration, Constitutional Law

Sometimes, it’s good to be wrong: Gorsuch’s surprise vote

Apr. 23, 2018
By Jeffrey L. Bornstein, Andrew G. Spore

In September, we predicted a ruling upholding the Immigration and Nationality Act’s incorporation of the definition of “crime ...


Judges and Judiciary, California Supreme Court, Appellate Practice

The California Supreme Court: 2017 by the numbers

Apr. 23, 2018
By Kirk C. Jenkins

Let’s dive into the data from last year to see what lessons we can learn about the state high court.


U.S. Supreme Court, Civil Litigation, Appellate Practice

The record on appeal versus the internet age

Apr. 23, 2018
By Susan Yorke

A recent testy interchange between Justices Anthony Kennedy and Sonia Sotomayor highlighted a tension between the ubiquity of ...


Government, Criminal, Constitutional Law

Did ruling sound the death knell for gang injunctions?

Apr. 23, 2018
By Daniel S. Roberts

Earlier this year, the federal court in Los Angeles entered an order which had the effect of blocking the city from enforcing ...


Law Practice, Ethics/Professional Responsibility

If fighting for your fees is going to trigger a lawsuit you might lose, it's best to settle than fight for a full recovery.


Tax, Government

Although a busy time for individual tax filers, it's been a relatively quiet month in the exempt organizations legal space, th...


Mergers & Acquisitions, Law Practice, Ethics/Professional Responsibility

Consider how to address pre-merger communications

Apr. 20, 2018
By Shari L. Klevens, Alanna G. Clair

Without adequate foresight, a client may find that control of the privilege is now in the hands of the successor corporation.


Probate, Law Practice

Preparing a proper certificate of independent review

MCLE
Apr. 20, 2018
By Arthur J. Harris, Kavin Williams

When confronted by an elderly transferor, every competent estate attorney must reflexively obtain a California certificate of ...


Civil Litigation, California Supreme Court, Appellate Practice

There are good reasons for the California Legislature to revisit the "party aggrieved" standard when it comes to class action ...


Civil Litigation, Law Practice

Laws like this will give defendants in funded cases an advantage over plaintiffs by revealing at the outset of the case when t...


Law Practice

Making law without lawyers: How the 49ers paved the way

Apr. 19, 2018
By Gillian K. Hadfield

When the world changes as dramatically as it has over the past few decades, not only the rules need to change: the way we inve...


Civil Litigation, Labor/Employment, Alternative Dispute Resolution

The Supreme Court has not approved of any such standard. Even in the 9th Circuit, the award must be "completely irrational."


Civil Litigation, Administrative/Regulatory

Ruling in Proposition 65 coffee case not entirely unpredictable

Apr. 19, 2018
By Anthony J. Cortez, Willis M. Wagner

Currently, no agency has classified acrylamide as a “known” carcinogen. Yet, according to this new ruling, coffee sold in Cali...


The plain fact is that high-net-worth individuals need to protect their financial interests before marriage.


Civil Litigation, Intellectual Property

Is the PTAB pendulum poised to swing back?

Apr. 18, 2018
By Brenton R. Babcock

In the years since the America Invents Act took effect in 2012, what have we learned, and where are we likely heading?


Civil Litigation, Intellectual Property

Has Alice gone down the rabbit hole?

Apr. 18, 2018
By Evan S. Day, Joseph P. Reid

A new series of Federal Circuit decisions indicates concern that the pendulum has swung too far, and discourages early patent-...


Civil Litigation, Intellectual Property

You won’t believe your eyes

Apr. 18, 2018
By Melanie J. Howard

We have entered a time when documented photographic or video evidence is not unassailable proof; it is not uniformly authentic...


U.S. Supreme Court, Intellectual Property, Civil Litigation

The brave new world of patent law

MCLE
Apr. 18, 2018
By Andrea Jill Weiss Jeffries, Steven J. Corr

The frequency with which the U.S. Supreme Court has, in recent years, been changing patent law is dizzying, and the court ofte...


Civil Litigation, Intellectual Property

Following the Trademark Trial and Appeal Board's denial of an application to register a single-color trade dress for yellow Ch...


Civil Litigation, Intellectual Property

Defend Trade Secrets Act, 2 years later

Apr. 18, 2018
By Tom Wallerstein

The ground-breaking Defend Trade Secrets Act became law in May 2016. As we approach the two-year anniversary we consider four ...


Civil Litigation, Intellectual Property

Cryptocurrencies and allowable subject matter

Apr. 18, 2018
By Darin W. Snyder, Anthony G. Beasley

The rapid staking of cryptocurrency patent territory has challenged the notion of what is allowable subject matter and what is...