Real Estate/Development, Construction, Alternative Dispute Resolution
Mediating a luxury home construction defect case
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
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
Is it a right of publicity violation or copyright infringement?
By Delia Ramirez
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
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
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
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
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
Why aren’t more law firms willing to handle non-marital cohabitation agreements?
By Jeffrey P. Blum
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
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
Anti-SLAPP appeals: extensions and civility are not bad faith
By Don Willenburg
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
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...
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?
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
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
Workers’ comp: expensive consequences of over-regulation
By Jill A. Singer
The solution to this dilemma does not lie with requiring physicians to act as indentured servants to insurance carriers under ...
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
Appellate Adventures, Chapter Two: “What’s the Payout?”
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Civil Litigation, California Supreme Court
Class action majority rejected
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?
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
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
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 ...
A Riverside case involves the right of people with developmental disabilities to marry as well as the right not to be pressure...
Letters, Criminal
Former public defender appointed many of the current top brass blamed for problems
By Russell Griffith
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
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
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
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
Justices may limit ‘critical habitat’ interpretation
By Richard M. Frank
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
Endangered species case: critical habitat or regulatory taking?
By Michael M. Berger
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
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
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...