Civil Litigation, Alternative Dispute Resolution
It ain't over til it's over
By Carlos Moreno
Yogi Berra's famous baseball tautology resonates with its obvious simplicity. This adage also rings true especially in litigat...
Civil Litigation, Education Law
How sexual harassment affects institutions of higher learning
By John Winer
Universities can be distinctly different in structure than corporations, and so applying the law will vary depending upon the ...
Year in Review Column, U.S. Supreme Court, Civil Litigation, Corporate, Constitutional Law
Defense strategies shift in Spokeo's wake
By Cary D. Sullivan, Chris Waidelich
It has been more than 18 months since the U.S. Supreme Court issued its decision holding that a bare, technical violation of t...
Year in Review Column, Civil Litigation, Intellectual Property
Patent office issues needed inter partes review guidance
By Benjamin M. Haber
Inter partes review turned five years old this year, and the process has been widely adopted as a complement to patent litigat...
Law Practice, Judges and Judiciary
Kozinski and the number Six
By Robert L. Bastian Jr.
This diatribe against 9th Circuit Judge Alex Kozinski's dismissive response to a Washington Post report which describes his al...
In a new series, James Rosen writes about the stories of prominent trial lawyers. This first installment discusses Tom Girardi...
Civil Litigation, Intellectual Property, Entertainment & Sports
Suit claims Disney plundered ‘Pirates’ script
By Delia Ramirez
In a recent case, Disney has found itself in another battle with writers for an alleged infringement of a screenplay in creati...
Tax, Law Practice, Government, Corporate, Administrative/Regulatory
Pass-through provisions could have interesting tax implications
By Phil Jelsma
Both the House and Senate version of the Tax Cuts and Jobs Act include provisions that reduce the taxation of pass-through inc...
Tax, Law Practice
House and Senate tax bills target contingency fees
By Robert W. Wood
Many lawyers assume that if they pay for a deposition transcript, a court reporter, or travel expenses for a hearing, they can...
Year in Review Column, Government, Corporate, Administrative/Regulatory
What past is prologue for government enforcement in 2018?
By Kimberly A. Dunne, James M. Perez
While 2017 began with questions about the new administration's enforcement agenda, it ends with many still unanswered question...
U.S. Supreme Court, Judges and Judiciary, Constitutional Law, Civil Rights
Leading us out of the cultural divide
By Douglas Potts
Can court outreach inspire the public to dialogue with opposing factions on contentious social issues? It did just that with a...
Year in Review Column, Government, Corporate, Antitrust & Trade Reg., Administrative/Regulatory
Criminal antitrust enforcement likely to keep pace
By Nell Clement, James Allison
Despite these leadership changes, it appears that criminal enforcement of antitrust violations will continue under President D...
Labor/Employment, Government, Corporate, Administrative/Regulatory
A step in right direction for family rights at work
By Neal S. Salisian, Jay Lichter
As is typical of most legislation affecting business policies, SB 63 has stirred opposition in some, while leaving proponents ...
Tax, Government, Corporate, Administrative/Regulatory
Tax reform, tax reform, tax reform
By Erin Bradrick
It seems clear that there is likely to be significant impact on the nonprofit sector no matter what tax bill Congress passes.
U.S. Supreme Court, Judges and Judiciary, Appellate Practice
How do you spell ‘G-U-I-D-A-N-C-E’?
By Brian M. Hoffstadt
Although the courts' hesitancy to give guidance for future cases seems maddening at first blush, there is some method to that ...
Labor/Employment, Government, Constitutional Law, Civil Rights, Administrative/Regulatory
Legislative Open Records Act reform is needed
By Duffy Carolan
Confronted with mounting pressure to address sexual harassment in the state's capital, the California Legislature needs to do ...
Year in Review Column, Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals
Class action litigation in the 9th Circuit
By Neal R. Marder, Andrew S. Jick
This year was an eventful one in the area of class action litigation, particularly in the 9th U.S. Circuit Court of Appeals.
Judges and Judiciary, Government, Constitutional Law, Appellate Practice
Hey, courts: What about political power?
By Aaron Tang
Judges should display a distinctive degree of trust to laws that burden powerful groups for at least three reasons.
Corporate, Construction, California Supreme Court, Appellate Practice
How far will litigants stretch Right to Repair Act ruling?
By Garret D. Murai
A California Supreme Court ruling is going to cause builders of newly constructed residential homes to lose some sleep. While ...
Government, Administrative/Regulatory
Regulators: approach cannabis with caution, not puns
By Joseph M. Nicchitta
As Los Angeles County's first cannabis management officer, it is my job to implement the cannabis regulatory policies of the L...
Twitter argues it should not be liable for ISIS's acts committed with its Twitter account. This accords with our intuitive und...
Government, Administrative/Regulatory
Combined cannabis rules simplify things for cities
By Nicole Howell Neubert
The state of California's release of emergency medical and adult-use cannabis regulations last month was a true turning point ...
Civil Litigation, Intellectual Property, Entertainment & Sports, California Supreme Court, Appellate Practice
Hey Joe, you going to pay for that public performance?
By Matthew B. Becker
The California Supreme Court will soon decide whether a public performance right exists within state law for sound recordings ...
Labor/Employment, Government, Family
Surrogacy solicitation in Congress adds new wrinkle
By Judith Daar
Rep. Trent Franks (R-Ariz.) reportedly asked two female staffers to serve as gestational carriers -- and his resignation has l...
Civil Litigation, California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals
Damages by any other name: UCL ‘restitution’ models
By Kirsten Hicks Spira, Wesley M. Griffith
Two district courts recently reexamined what types of recovery models are permissible under California's Unfair Competition La...
U.S. Supreme Court, Labor/Employment, Constitutional Law, California Supreme Court
Argicultural labor relations case may go to high court
By Luke A. Wake
Is it even constitutional for government to force a business (or anyone) into a contract where there is no actual agreement?
Civil Litigation, California Supreme Court, Appellate Practice
Error in failing to issue statement of decision not reversible per se
By Wendy Lascher
The California Supreme Court was recently asked: "Is a trial court's error in failing to issue a statement of decision upon a ...
Tax, Government, Administrative/Regulatory
IRS is hunting bitcoin via Coinbase, but is amnesty coming?
By Robert W. Wood
Don't get excited or fearful just yet. The IRS has not yet announced a tax amnesty for people who failed to report their gains...
U.S. Supreme Court, Government, Constitutional Law, Administrative/Regulatory
Everything that's not forbidden is allowed
By David DeGroot
In a speech at the Federalist Society's annual dinner on Nov. 16, Justice Neil Gorsuch introduced a term previously unknown to...
Law Practice, Ethics/Professional Responsibility, Administrative/Regulatory
Count 1: Practicing law without a license
By Ralph Barat Saltsman, Stephen Warren Solomon
It took until autumn 2017 for the California attorney general to recognize that only a licensed attorney can lawfully represen...