U.S. Supreme Court, Judges and Judiciary, International Law
Are US courts bound to defer to foreign governments?
By Christopher A. Whytock
The Supreme Court is weighing whether the process of determining foreign law should be different when the information given to...
Letters, Judges and Judiciary, Government
Bench diversity stats mislead on disabled numbers
By Peter A. Lynch
Only two persons with disability were appointed to the bench in 2017 in the entire state of California. From 2011 to 2017, onl...
U.S. Supreme Court, Immigration, Government
Trump can’t just overturn half a century of policy with order
By Daniel E. Jackson
More than 50 years ago, Congress firmly rejected the notion that putting America “first” means excluding “persons of different...
U.S. Supreme Court, Civil Litigation, Intellectual Property, Government
State universities and the shifting sands of sovereign immunity at the PTAB
By Ewa M. Davison Ph.D.
The advent of inter partes review has revived excitement about sovereign immunity, an area of law that previously appeared lar...
U.S. Supreme Court, Immigration, Constitutional Law, 9th U.S. Circuit Court of Appeals
Supreme Court vs the Wild West
By John C. Eastman
Not since the epic battle between the 9th Circuit and the U.S. Supreme Court over the execution of Robert Alton Harris a quart...
Hoping someone else might take the laboring oar and benefit you is a tremendous longshot. If you're a loser, own it: Act like ...
U.S. Supreme Court, Environmental & Energy, Constitutional Law, California Supreme Court, California Courts of Appeal
Billionaire vs surfers case may go to high court
By Bryan W. Wenter
Silicon Valley entrepreneur Vinod Khosla is taking his fight all the way to the Supreme Court.
Government, Environmental & Energy, Administrative/Regulatory
Environmental review can be separated from project approval
By Jana Mickova Will
A recurring issue in land use litigation is an argument advanced by project opponents that environmental review under the Cali...
Letters, Judges and Judiciary, Government
Bench diversity article only gave a partial picture
By Evan Westrup
Unfortunately, readers were given a partial, distorted snapshot of the unprecedented progress being made to diversify the benc...
Letters, Judges and Judiciary, Government
Brown made progress, but there's still work to do
By Charles H. Jung
The numbers show that this governor has made significant progress. But while well represented in the California Supreme Court,...
U.S. Supreme Court, Labor/Employment, Civil Rights
Federal law needs to catch up on sexual orientation discrimination
By Ann Fromholz
Last week, the 2nd Circuit joined the 7th Circuit in ruling that Title VII prohibits discrimination based on sexual orientation.
Civil Litigation, Intellectual Property, Government
Paved with good intentions: a flawed copyright small claims court
By Ben Depoorter
For too many copyright stakeholders, litigation in federal courts is prohibitively expensive; especially in relation to the mo...
Civil Litigation, Intellectual Property
Shifting approach to fair use of user-generated content
By Joe Moschella
It used to be the case that user-generated content was seen as free for the taking.
Civil Litigation, Law Practice, Appellate Practice
Appellate Adventures, Chapter Three: “Let’s Appeal! Now What?”
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Law Practice, Judges and Judiciary, State Bar & Bar Associations
Not my vote
By Arthur Gilbert
For now, unless I have reason not to do so, all incumbent judges have my vote.
Civil Litigation, Insurance, California Courts of Appeal
Bad faith liability for insurers arises before the duty to defend
By Michael S. Gehrt
A recent decision provides insureds with both legal support and a roadmap for holding insurers accountable for bad faith claim...
This axiom is on full display in one of the most interesting family law cases decided in 2017.
U.S. Supreme Court, Corporate, Antitrust & Trade Reg., Administrative/Regulatory
Sorry, we don’t take American Express
By Jeremy K. Robinson
The U.S. Supreme Courts is poised to answer a key antitrust issue in a case against American Express.
The Delaware Supreme Court recently held that director compensation awards made pursuant to discretionary compensation plans a...
U.S. Supreme Court, Civil Litigation, Labor/Employment, California Supreme Court, California Courts of Appeal, 9th U.S. Circuit Court of Appeals
The continuing saga of PAGA
By Peter R. Boutin, Taylor J. Altman
One conclusion is certain: The PAGA saga is far from over. Each new California or 9th Circuit case introduces another question...
It cannot be over-emphasized how critical it is to tender a liability insurance claim in a prompt and proper manner.
Letters, Criminal, Constitutional Law
Quote misstates Brady rule
A March 1 article quotes Chapman University School of Law professor Lawrence Rosenthal as saying that Brady is only relevant i...
Civil Litigation, Insurance, California Supreme Court, 9th U.S. Circuit Court of Appeals
High court finally set to weigh ‘occurrence’ in a CGL policy
By JoLynn M. (Pollard) Scharrer, Jennifer Tung
Over a year ago, the 9th Circuit asked the state high court to clear up a question concerning third-party claims.
U.S. Supreme Court, International Law
Ruling in terror attack case ends over two decades of litigation
By Gabrielle Goodwin
It started when three Hamas suicide bombers blew themselves up on a crowded pedestrian street in central Jerusalem in Septembe...
Civil Litigation, Law Practice
Motions to strike added to CCP Section 472 in 2018
By Johanna Oh
Up until 2017, the California Code of Civil Procedure was unclear as to how one was to calculate deadlines for amending pleadi...
Civil Litigation
Facebook ruling may encourage biometric-privacy actions
By Kamran Salour
On Monday, the Northern District of California issued a ruling denying Facebook’s motion to dismiss for lack of subject matter...
The fact that the IRS says crypto is property might prompt you to consider the concept of ownership. Wouldn’t it be nice if so...
U.S. Supreme Court, Government, Constitutional Law
Strange things are afoot in takings case
By Michael M. Berger
A petition for certiorari is pending in a strange takings case. Although few come in contact with this kind of taking, the leg...
Labor/Employment, Government, Corporate, Administrative/Regulatory
Trump’s labor board is going back to the future
By Robert E. Entin
Even though one can expect change at the NLRB whenever there is a new administration, the noise coming from the board over th...
U.S. Supreme Court, Constitutional Law, Civil Rights, Books
America’s least-known ‘civil rights movement’
In “We the Corporations,” UCLA law professor Adam Winkler chronicles the astonishing story of corporations’ fight to gain equa...