Constitutional Law, 9th U.S. Circuit Court of Appeals
9th Circuit cuts public out of free speech case
By Paul Alan Levy
The Court of Appeals has announced that it will consider a significant free speech issue bearing on the rights of anonymous in...
Corporate
Granting profits interests, disregarded entities and the self-employment trap
By Thomas M. Asmar
Before recently issued Treasury regulations, it was unclear whether issuing equity to an employee of a disregarded entity and ...
Corporate, Administrative/Regulatory
Unintended Green Chemistry consequences
By Daniel J. Herling
As more priority products are determined, these regulatory obligations will certainly cause manufacturers to spend time and re...
Corporate, Administrative/Regulatory
Cannabis at work: What California employers need to know
By Arthur F. Silbergeld, Michael Rosenblum
The legalization of cannabis in California raises significant questions as to whether employers can enforce policies prohibiti...
A Texas judge recently observed that in criminal court, you get bad people at their best; in family law, you get good people a...
California Supreme Court, California Courts of Appeal
Executive order does not set emissions standards for EIRs
By Phillip H. Babich, Emily F. Lynch
Last week, the California Supreme Court said an environmental impact report for a regional transportation plan is not required...
Courts are forced to shoehorn machine claims into existing rules built for human testimony, with results that are often awkwar...
Government, Criminal, Constitutional Law
Inflated accusations against Trump Jr
By John C. Eastman
Don Jr. has been accused of everything from violating federal campaign finance laws to espionage and even treason. Seriously?
Mergers & Acquisitions, Corporate
Imagined or real? Privacy issues in artificial intelligence M&A
By Jeewon Serrato, Chelsea Gunter
Big data analytics is generally at the center of these transactions, where privacy and data protection concerns should be at t...
The ruling in Trinity Lutheran is the first time the Supreme Court has held that the government is constitutionally required t...
Government, Administrative/Regulatory
Will states be able to protect our online privacy?
By Anita Taff-Rice
Last year, the FCC issued broadband privacy rules that were set to take effect this December. Then Trump took office and chang...
Judges and Judiciary, Criminal, California Courts of Appeal
Judge group wants watered down bail reform
By Jeff Adachi
The Judicial Council of California last month sent a six-page letter to the lawmakers detailing its “significant concerns” reg...
Boxing great Floyd Mayweather Jr. is set to face off against MMA’s Conor McGregor in Las Vegas on August 26. But in the lead-u...
Health Care & Hospital Law, California Supreme Court
State Supreme Court should affirm statutory damages ruling
By Stephen Garcia, David M. Medby
The 4th District Court of Appeal held that the statutory award of up to $500 authorized by Health and Safety Code Section 143...
U.S. Supreme Court, Judges and Judiciary, Government
A lawyer and a lying president
By Michael L. Stern
It took the dogged fact-gathering and masterful cross-examination of Boston attorney Louis D. Brandeis to reveal the truth in ...
Government, Administrative/Regulatory
Cleaning Product Right to Know Act appears to be moving forward
By Lindsey Heinz, Bridget Halbur
Similar to other consumer product disclosure bills the California Legislature has considered in recent years, the bill require...
Intellectual Property
What every general counsel needs to know about the ITC
By Megan Olesek
Once dominated by Silicon Valley tech companies, the International Trade Commission now is hearing cases from a much more dive...
This is the final installment of a series of seven columns on how to write an effective Statement of Facts. And it might be th...
Intellectual Property, Entertainment & Sports
Beatle’s settlement leaves open questions
By Kenneth D. Freundlich, Michael J. Kaiser
A few weeks ago, Paul McCartney and music publisher Sony/ATV settled McCartney’s lawsuit asking a New York federal court to ru...
California Supreme Court, Appellate Practice
Court rules on PAGA discovery
By Eve H. Wagner
A California Supreme Court ruling on Thursday could mean that employers will face even more claims under the Private Attorneys...
After a long absence, attorney Paul Kiesel returns to review some of the latest tech gadgets to help you along both in and out...
The July 7 opinion piece, “Parole boards & public safety,” gives an erroneous portrayal of Proposition 57, which passed la...
Insurance, California Courts of Appeal
Misconceptions about an insurer’s duty to defend
By Dominic Nesbitt
In spite of the Supreme Court’s continuing reaffirmation of the broad “potential for coverage” standard, policyholders continu...
Alternative Dispute Resolution
‘The Journey’ and the art of negotiation
By Marc D. Alexander
A fictionalized account of the negotiations between Ian Paisley and Martin McGuinness leading to the 2007 power-sharing arrang...
Intellectual Property, Entertainment & Sports
With album revenues down, artists must brand
By Delia Ramirez
Many artists are branching out of music and general merchandising to start businesses in related industries. To market and mon...
Intellectual Property, Ethics/Professional Responsibility
Leveling the playing field with patent pro bono
By Benjamin A. Kimes, Erik Metzger
Let’s face it; it costs a lot to hire a patent practitioner. The cost of a patent practitioner is well beyond the means of a h...
Tax audits are nobody’s favorite topic. Sometimes your number just comes up, although there are some things that make that mor...
California Supreme Court, Administrative/Regulatory
Ruling further erodes property rights
By Jeremy B. Talcott
Last week, the California Supreme Court ruled against two Encinitas homeowners who challenged the California Coastal Commissio...
U.S. Supreme Court, Constitutional Law, Appellate Practice
Missed opportunity in takings decision
By Bryan W. Wenter
In Murr v. Wisconsin, the Supreme Court missed a golden opportunity to provide clear guidance on how to identify the relevant...
Intellectual Property, California Courts of Appeal
‘Inevitable disclosure’ of trade secrets
By Tyler M. Paetkau
California courts have long rejected the doctrine as incompatible with state law, but recent decisions suggest it may be avail...