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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...


Labor/Employment, Health Care & Hospital Law

The solution to this dilemma does not lie with requiring physicians to act as indentured servants to insurance carriers under ...


Law Practice, Judges and Judiciary

Big Sisters are listening

Feb. 5, 2018
By Arthur Gilbert

Suffice it to say, when addressing Siri, I did not use the four-letter word, the first letter of which appears toward the last...


Civil Litigation, Law Practice, Appellate Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


Civil Litigation, California Supreme Court

Class action majority rejected

Feb. 2, 2018
By Marcos D. Sasso

This week the state high court rejected the opportunity to join the majority of courts, including the U.S. Supreme Court, by h...


Criminal, California Supreme Court, California Courts of Appeal

Who can be held liable in the age of mass shootings?

Feb. 2, 2018
By Brian S. Kabateck, Natalie S. Pang

Plaintiffs must show that the premises owner was aware of similar criminal activity at or near the location and this is often ...


Law Practice, Ethics/Professional Responsibility

Law firm associates have obligations, too

Feb. 2, 2018
By Shari L. Klevens, Alanna G. Clair

Associates serve two masters: Their “bosses” at their firms, and the Rules of Professional Conduct.


Alternative Dispute Resolution

Facilitative mediation and the value of listening

Feb. 2, 2018
By Jaymeson Pegue

For those of us who are the actual participants in mediations where a deal is the goal, where the strength of the mediator is ...


Civil Rights

Marriage case will require balancing of rights

Feb. 1, 2018
By Thomas F. Coleman

A Riverside case involves the right of people with developmental disabilities to marry as well as the right not to be pressure...


As a lawyer for over 29 years with the Los Angeles public defenders, I was dazzled by the hubris of Michael Judge blaming the ...


Letters, Judges and Judiciary, Criminal

Judge Coen’s seminars provided an invaluable service

Feb. 1, 2018
By Timothy J. Staffel

I appreciated the judicial profile of Judge Ronald Coen, Los Angeles County Superior Court, who probably has presided over mor...


Warrior culture and legal institutions

Jan. 31, 2018
By Charles A. Bird

After 44 years participating in the evolution of women in law, I believe economic equality for women requires deep cultural ch...


Civil Litigation, Government, Corporate, Administrative/Regulatory

Memo suggests shift in DOJ’s qui tam approach

Jan. 31, 2018
By Brian J. Hennigan, Padraic W. Foran

The Department of Justice issued an internal memo this month that signals a shift in its approach to qui tam actions, encourag...


U.S. Supreme Court, Environmental & Energy

I would not be surprised if the Supreme Court winds up reversing the 5th Circuit and, at least to some degree, limits the Fish...


U.S. Supreme Court, Environmental & Energy, Constitutional Law

The designation of private property as necessary habitat for some endangered species or other must actually be supported by ev...


U.S. Supreme Court, Civil Litigation, 9th U.S. Circuit Court of Appeals

Supreme Court to weigh tolling for absent class members

Jan. 30, 2018
By James N. Kramer, Alex Talarides

The court's decision could have a profound impact on class actions -- particularly in the 1st, 2nd, 3rd, 5th, 8th and 11th Cir...


Immigration, Government, Administrative/Regulatory

H-1B visa: May the odds be ever in your favor

Jan. 30, 2018
By Karine Wenger, Elona Dunehew

It is that time of the year again! U.S. Citizenship and immigration Services begins accepting petitions for new H-1B “CAP” vis...