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Law Practice

Litigation funding won't fuel frivolous suits

May 17, 2017
By Deborah Hensler

Such funding is unlikely to produce an upsurge of frivolous litigation, though it could produce a wave of law firm startups.


Civil Litigation, Law Practice, Health Care & Hospital Law

Clearly, the law has not kept pace with inflation. Indeed, in 1975, the median price home in California cost $41,600. Today, t...


Intellectual Property

Implications for prefiling activity under AIA

May 17, 2017
By Abhijit P. Adisesh

As a result of a recent Federal Circuit ruling, there may be implications concerning prefiling commercial activity that practi...


Tax, Probate

A recent case demonstrates that, sometimes, the law recognizes equity.


U.S. Supreme Court, Constitutional Law

SEARCH WARS: Return of the Judiciary

May 17, 2017
By Brian M. Hoffstadt

Whereas the first two articles looked at the present and the past, respectively, this article looks to the future by asking ho...


Judicial Profile

Poli Flores Jr.

May 17, 2017
By Arin Mikailian

Superior Court Judge Imperial County (Brawley) ...


Corporate, Contracts, California Courts of Appeal

Contracts may hold up, even if signer had no authority to bind

May 16, 2017
By Iain Mickle, Andrea L. Bacchi

In a recent appellate ruling, the court determined that third parties may benefit from a statutory safe harbor whereby an agre...


Government, Administrative/Regulatory

Law firms can take a page from Macron

May 16, 2017
By Anita Taff-Rice

Living in the age of cyberhackers, law firms should consider reverting to landline phone calls and paper documents to protect ...


Civil Rights

It doesn't matter why the state Supreme Court rejected the rule. What matters is that prosecutors continue to seek convictions...


Tax, Government, Administrative/Regulatory

California needs to create a court devoted to tax

May 16, 2017
By Bruce Givner, Owen Kaye

A state tax court would expedite justice by encouraging out-of-court settlement, a key feature of the federal tax court system.


U.S. Supreme Court, Constitutional Law, Civil Rights

Ruling is important victory for civil rights

May 16, 2017
By Erwin Chemerinsky

The U.S Supreme Court gave civil rights plaintiffs an important victory when it ruled that the city of Miami had standing to s...


U.S. Supreme Court, Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

The cautionary tale of the Black Pearl

May 16, 2017
By James P. Marion

The Walt Disney Company narrowly held onto future "Pirates of the Caribbean" booty on May 2, to little fanfare.


Health Care & Hospital Law, California Courts of Appeal

Future medical expenses thrown into an ACA flux

May 16, 2017
By Jeffrey D. Wolf

A California Court of Appeal decision recently injected politics and the country's health care debate into a routine personal ...


U.S. Supreme Court

Foreign sovereign immunity incertitude

May 16, 2017
By Scott J. Street

This month, the U.S. Supreme Court issued its decision in a closely watched case against a foreign government that raised ques...


U.S. Supreme Court, Constitutional Law

SEARCH WARS: The Fifth Amendment Strikes Back

May 16, 2017
By Brian M. Hoffstadt

If the U.S. Supreme Court defined privacy in terms of what protects our personhood, it would obviate an inquiry into the wheth...


California Courts of Appeal, Appellate Practice

Appellate decision rejects trail immunity in Pasadena case

May 15, 2017
By Dana M. Howard, Marc Tran

An court has rejected the city of Pasadena's assertion of trail immunity when a child was hit in the head with a golf ball whi...


International Law, Government

The long-prophesized 'Chinese Century'

May 15, 2017
By Anna M. Han

As a longtime observer of China, a year or perhaps even 100 days ago I would have characterized China as a country that is the...


Appellate Practice

Statement of facts: Part III

May 15, 2017
By Myron Moskovitz

Any appellate judge will tell you that the standard of review is the first thing they look for in a brief.


Environmental & Energy, Administrative/Regulatory

Proposed CEQA reforms would destroy key provisions

May 15, 2017
By Adrian Martinez

What so-called CEQA "reformers" fail to mention is that their proposed changes would severely weaken many of CEQA's key provis...


Law Practice, Appellate Practice, 9th U.S. Circuit Court of Appeals

The California Circuit?

May 15, 2017
By Benjamin G. Shatz

Actually, there once was such a circuit; let's take a look back to understand its place in history.


U.S. Supreme Court, Constitutional Law

SEARCH WARS: A New Hope for Definitional Clarity

May 15, 2017
By Brian M. Hoffstadt

A long time ago, in a courtroom far far away, a disturbance in the Fourth Amendment first manifested itself. ...


Judicial Profile

William Lehman

May 14, 2017
By Arin Mikailian

Superior Court Judge Imperial County (El Centro) ...


Tax, Administrative/Regulatory

The use of private debt collectors has long been controversial, but Congress approved letting the IRS farm out some collections.


Labor/Employment, Government

We begin where James Comey ended. In his farewell letter, Comey noted that a president can fire an FBI director for any reason...


Government, Books

Poverty and housing policy in the US

May 13, 2017
By Lawrence P. Riff

Last month, "Evicted" received the 2017 Pulitzer Prize for general nonfiction and it is on the New York Times 10 Best Books of...


Labor/Employment, Criminal

For sexual misconduct, a higher standard for law enforcement

May 12, 2017
By Brian S. Kabateck, Doug Rochen

A narrow exception has been carved that gives sex victims a path to recover the full measure of civil compensation against the...


Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals

State secrets trump all

May 12, 2017
By Elizabeth Pipkin

The pieces are already in place for the government to avoid review of its actions against Muslims -- or anyone else.


State Bar & Bar Associations

Whittier could have weathered the storm

May 12, 2017
By Stephen F. Diamond

California, a national leader in the attempt to create a gateway for minorities into the legal profession, can ill afford to l...


Intellectual Property, 9th U.S. Circuit Court of Appeals

Copyright Act statutory damages in age of the internet

May 12, 2017
By Paul Goldstein, Joyce Liou

Because Congress did not contemplate secondary liability for copyright infringement on a massive scale, internet service provi...


Labor/Employment

Important lessons regarding reasonable accommodations

May 12, 2017
By Christopher W. Olmsted, Charles L. Thompson IV

It's risky business to modify accommodation programs for temporarily disabled employees.