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...
It has become ever clearer that no technology is enough to defeat a determined hacker. The increasing sophistication of socia...
Mergers & Acquisitions, Corporate
Ruling clarifies ability to ratify corporate acts
By Marc Boiron, Morgan McCombe
The Delaware Court of Chancery ruled that Section 204 of the General Corporation Law of the State of Delaware could not be use...
Government, Administrative/Regulatory
Bill is an opportunity killer
By James J. McDonald Jr.
The governor should veto AB 1565, which would increase the threshold for being exempt from overtime requirements.
Corporate, Contracts, Administrative/Regulatory
It’s time to reform the False Claims Act
By Matthew Zandi
The FCA has proven to be ineffective at preventing fraud and encouraging ethical corporate behavior.
California Supreme Court, Antitrust & Trade Reg.
Antitrust and the State Bar of California
By Robert C. Fellmeth
It looks as if the California Supreme Court is taking a lead role in California and nationally to comply with applicable feder...
New accounting standards address not-for-profit financial statements, while accelerating the recognition of incoming funds.
Government, Constitutional Law
Christie v. NCAA: What’s really at stake?
By Christopher L. Soriano
A lawsuit brought by the state of New Jersey that sought to allow sports betting recently stepped onto the national stage.
Contracts, Construction, California Courts of Appeal
Ruling shows the battle of the many construction contracts
By Garret D. Murai
There are the plans, the specifications, the general conditions, the special conditions, the addenda, the prime contract, the ...
U.S. Supreme Court, Constitutional Law, Civil Rights
Second Amendment is not a second-class right
By C.D. Michel
Does the right to bear arms extend outside the home? Last month, the Supreme Court declined to review a case that could have a...
Securities, Civil Litigation, Government, Corporate, Appellate Practice, Administrative/Regulatory
DC Circuit ruling confirms split on SEC’s use of in-house judges
By Nicolas Morgan, Sam S. Puathasnanon
This decision confirms a circuit split over the legality of the SEC’s administrative proceedings under the appointments clause...
What have we learned about Justice Neil Gorsuch from his first 90 days on the bench? Hint: There are few surprises.
California Supreme Court, Appellate Practice
The final word: civil law at the state high court
By Joseph M. Lipner, Bj Ard
Our state Supreme Court must continually define and distinguish legally dispositive categories under both federal and state law.
The en banc panel addressed a cramdown plan where the central issue was the valuation of the secured creditor’s collateral whe...
Herbert Hoover once said: “Next to religion, baseball has had a greater impact on our American way of life than any other Amer...
Ethics/Professional Responsibility
Summer associates: Beyond the cocktail party
By David R. Carpenter, Bridget S. Johnsen
Being a summer associate is a fun time. They attend lunches and events while making an associate's salary but without the resp...
Law Practice, Law Office Management, Ethics/Professional Responsibility
Partners, associates and ethics
By Shari L. Klevens, J. Randolph Evans
Some of the most difficult ethical issues arise not out of an attorney’s own conduct, but rather out of instances where an att...
There are certain things that come around every once-in-a-while that change life as we know it. And now there is Uber. By Jona...
Although the July 6 article on the Basta law firm's success in demanding jury trials ("LA tenant firm shakes up the system wit...
Ironically, the same governor who in 2016 supported giving the parole board this unfettered power by way of Prop. 57 was the o...
Law Practice, Judges and Judiciary, Appellate Practice
Don’t bite the hands that feed you
By Nancy H. Vaidik, Rebecca Diaz-Bonilla
This scenario repeats itself over and over in courtrooms across America. Tone deafness and inflexibility have crashed many mot...
Constitutional Law, Civil Rights
Cake case has simple facts, far-reaching implications
By Amanda Goad
Dave Mullins and Charlie Craig walked into a bakery for a wedding cake. Jack Phillips, owner of Masterpiece Cakeshop, then wal...