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
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
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...
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
The justices of the California Supreme Court: 2017 by the numbers
By Kirk C. Jenkins
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
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
Next steps for patenting software in the new normal after Bilski, Mayo and Alice
By James C. Yang
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
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
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
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
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
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?
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
When to compromise: Getting paid without getting sued
By Frederick Hertz
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
IRS FY 2017 updates and a possible single portal for state registration
By Erin Bradrick
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
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
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
Time to rethink limits on appeals by class action objectors
By Ari J. Stiller
There are good reasons for the California Legislature to revisit the "party aggrieved" standard when it comes to class action ...
Civil Litigation, Law Practice
Wisconsin’s litigation funding disclosure law may backfire
By David M. Gallagher
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
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
Arbitrator Award in sexual harassment case tossed as irrational
By Michael H. Leb
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
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...
Family
It’s prenup season: What wealthy individuals must consider before they say ‘I do’
By Stacy D. Phillips
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?
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?
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
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
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
General Mills TTAB decision is not a pink slip for single-color trade dress
By Brian M. Wheeler
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
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
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...