U.S. Supreme Court, Intellectual Property, Corporate, Constitutional Law
Could court bring dead patents back to life?
By Andrew Grossman
There is the possibility that chaos and turmoil will reign if the Supreme Court finds inter partes reviews unconstitutional in...
U.S. Supreme Court, Government, Criminal, Administrative/Regulatory
How the Computer Fraud and Abuse Act is being misused
By Jason S. Leiderman
Last month I discussed how the CFAA has strayed from its roots. This month, I want to discuss examples of how the act is being...
In the wake of increasing financial volatility, internal company scandals and difficulties associated with meeting performance...
Insurance
Questions of satisfying ‘self-insured retention’ keep coming up
By Dominic Nesbitt
Many liability policies require the satisfaction of a designated dollar amount, usually described as a “self-insured retention...
U.S. Supreme Court, Immigration, Constitutional Law
Supreme insights from the travel ban
By Anna-Rose Mathieson
The fast-paced litigation surrounding the travel ban provides some takeaways about Supreme Court practice.
U.S. Supreme Court, Constitutional Law, Civil Rights
Anti-discrimination laws in jeopardy across the board
By Sanford Jay Rosen, Andrew G. Spore
Advocates for a religious scruples exception to the Colorado law at issue in the Masterpiece Cakeshop case ignore the lost lib...
U.S. Supreme Court, Constitutional Law, Civil Rights
Government shouldn’t tell us what to support
By William J. Becker Jr.
The Supreme Court should use the Masterpiece Cakeshop case to bring clarity to the collision of rights public accommodation la...
Constitutional Law, California Supreme Court
Cellphone case may signal need for change in constitutional doctrines
By Michael J. Raphael
Carpenter v. United States implicates what is known as the third-party doctrine, under which any information voluntarily provi...
Civil Litigation, Law Practice, Judges and Judiciary
Anti-SLAPP motions and attorney fees
By Matthew Ross
The objective of this article and self-study test is to familiarize bench officers and attorneys with awards of attorney fees ...
Tax, Administrative/Regulatory
Bitcoin and other cryptocurrency loan tax risks
By Robert W. Wood, Dashiell C. Shapiro
Law Practice
Is your law firm thinking about ‘cyber kinetic’ attacks?
By Daniel B. Garrie, Yoav Griver
Attorneys should weigh cyber threats more heavily when accounting for risk in contracts and in advising their clients
U.S. Supreme Court, Letters, Constitutional Law
Celebrate the Constitution by honoring its text
By Richard A. Nixon
A recent article by Mr. Thomas M. Hall, “Our Flawed Millennial Founders,” begins by noting that our Founding Fathers included ...
U.S. Supreme Court, International Law, Corporate
Looking abroad for legal answers
By Beth Van Schaack
In Jesner v. Arab Bank, the U.S. Supreme Court will consider whether the Alien Tort Statute can be invoked against corporate d...
U.S. Supreme Court, Constitutional Law
High court should hear surveillance case
By Andrew Crocker
Over the summer, Oregon federal public defenders asked the U.S. Supreme Court to review Mohamud v. United States, a terrorism ...
Native Americans, Constitutional Law, California Supreme Court
Supreme Court should take case on legality of the Indian Child Welfare Act
By Jeremy B. Talcott
If the constitutional guarantee of equal protection is to mean anything, then no child should face a different standard of law...
Civil Litigation, Corporate, Alternative Dispute Resolution
Truth or consequences (180 million of them)
By Bob Blum
Tell the truth or face the consequences. For Foot Locker Retail Inc., the consequences are to pay employees $180 million. That...
Law Practice, Ethics/Professional Responsibility, California Supreme Court
Keeping bills confidential isn’t a game
By Allen Michel
Last year, the California Supreme Court signaled, for the first time, that some confidential communications may somehow lose t...
U.S. Supreme Court, Government, Constitutional Law
Gerrymandering goes to Washington
By Rex S. Heinke, Sina Safvati
Many suspect Gill v. Whitford may be one of the reasons Justice Anthony Kennedy decided to remain on the bench — it would give...
U.S. Supreme Court, Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
Workers must be able to join together to fight injustice
By Joe Sellers, Shaylyn Cochran
In each of three cases — Epic Systems Corp. v. Lewis; Ernst & Young v. Morris and NLRB v. Murphy Oil USA, Inc. — an employ...
U.S. Supreme Court, Civil Litigation, California Supreme Court
Court can clarify tolling of state law limitations
By Jason D. Russell, Hillary A. Hamilton
In Artis v. District of Columbia, the U.S. Supreme Court will get a chance to clarify a federal statute of limitations law gov...
U.S. Supreme Court, Criminal, Constitutional Law
4th Amendment should protect cellphone data
By Marianna Khoury
Do you carry a cellphone? If so, the U.S. Supreme Court is about to decide a case that could affect your privacy rights: Carpe...
U.S. Supreme Court, Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
Horton hears a death knell
By Kenneth D. Sulzer, Steven B. Katz
Even if the court is unwilling to hold that the FAA trumps the NLRA in a series of consolidated cases — Epic Systems Corp. v. ...
Civil Litigation, Environmental & Energy, Constitutional Law, 9th U.S. Circuit Court of Appeals
Foie gras ban injunction struck down, now what?
By Pooja S. Nair
An opinion by the 9th U.S. Circuit Court of Appeals just gave us the next chapter in a tumultuous saga surrounding California'...
Law Practice, Ethics/Professional Responsibility
All lawyers should make a habit of checking for conflicts
By J. Randolph Evans, Shari L. Klevens
After working hard to bring in a new client or a new matter, many attorneys find it difficult to accept the possibility of los...
Real Estate/Development
What's Said in the Trustee's Office Stays in the Trustee's Office
A primer on how the attorney-client privilege functions in the realm of trust administration. By Benjamin D. Fox
Government, Environmental & Energy, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals
The muddy waters of the US
By Michael F. Wright
How should the 9th Circuit decide the Rapanos/Marks/Davis issues in Robertson? It should recognize that Davis’s implicit-conse...
International Law, Government, Criminal, Books
The internet and its dark doppelgänger
By Richard Wirick
A little before our recent H-bomb dustups with Kim Jong Un, we suffered an attack, if not a small war, with the mysterious lea...
Government, Banking, Administrative/Regulatory
Equifax hack exposes some serious regulatory cracks
By Anita Taff-Rice
The Fair Credit Reporting Act does not require the same level of privacy and security measures by credit bureaus as it does of...
Environmental & Energy, Corporate, Administrative/Regulatory
Child product regulation is test case for all manufacturers
By Karen M. Sullivan, Stephanie Rothberg
U.S. Supreme Court, Administrative/Regulatory
Hack may be first major test of Spokeo ruling
By Everett Monroe
This will be the first major data breach case to address the implications of standing that resulted from the Supreme Court’s d...