Civil Litigation, Law Practice
Be careful what you post. It could cost you in court
By Mark B. Simowitz
Jill’s lawyer finally fleshed out why the insurance company was not considering the surgery: His client had posted pictures of...
Intellectual Property, Corporate
Equity compensation is about retention
By William E. Growney
The reality is that for most employees at most companies, a sale of the company may mean a new car or a down payment on a new ...
U.S. Supreme Court, Immigration, Constitutional Law, Civil Rights
Travel ban ruling raises more questions
By Hadar Aviram
On Monday, the U.S. Supreme Court issued decisions in several cases associated with the Trump administration's travel ban, rea...
Corporate
New accounting rule may lower perceived value of franchisors
By Barry Kurtz, Christopher L. Passmore
Franchisors will need to adjust their methods when accounting for franchise fees either this year or next, depending on whethe...
U.S. Supreme Court, Civil Litigation, Appellate Practice
Time up for securities class action opt-outs
By Anthony J. Dick, Christpher DiPompeo
In CalPERS v. ANZ Securities, the U.S. Supreme Court continued its trend of paring back class actions and enforcing strict tim...
Intellectual Property, Corporate
Proposed generic drugs legislation divides stakeholders
By William Diaz, Michelle Lowery
The CREATES Act of 2017 is proposed bipartisan legislation targeting actions by brand name drug manufacturers that can delay e...
Tax, Criminal
When disputing a tax bill, should you go ahead and pay?
By Robert W. Wood
After soccer star Cristiano Ronaldo was accused of criminal tax evasion, some sources suggested that his team would pay the $1...
Criminal, Appellate Practice, 9th U.S. Circuit Court of Appeals
9th Circuit ruling shows need to rein in civil forfeiture abuse
By Scott A. Meiner, Mahesha P. Subbaraman
The 9th Circuit recently rejected the use of coordinated successive traffic stops by the police to search a motorist's vehicle...
Labor/Employment, Government, Constitutional Law
Lawmakers must act to protect employees’ due process rights
By William M. Crosby
When a person's livelihood is at stake, the right to know the specific charges, identities of accusers and documents and othe...
Constitutional Law, California Supreme Court, Appellate Practice
Nice guys (get to keep their property after all)
By Michael M. Berger
A recent Supreme Court opinion cabins an older decision that has been derided as both bad law and bad policy.
Securities, Mergers & Acquisitions, Corporate
IPOs: people, planning and critical path items
By Sara L. Terheggen
Once a company has determined an IPO is the right choice for them and have implemented the necessary steps to prepare for beco...
Civil Litigation, Intellectual Property, Appellate Practice
Federal Circuit clarifies long-standing lost profits question
By Chris Marchese, Liz Ranks
The robustness of lost profits has been undermined in recent years by an unsettled issue - whether patentees must apportion lo...
Civil Litigation, Law Practice, Judges and Judiciary
Contractual attorney fees fundamentals
By Matthew Ross
The objective of this article and self-study test is to review entitlement to attorney fees pursuant to contracts.
California Supreme Court, Appellate Practice
Maybe, but not necessarily, entitled to fees
By Audra Ibarra
Or so the state high court said about contract attorney fees in cases dismissed on procedural grounds.
Government, Contracts
Bill is fair compromise on design professional liability
By D. Creighton Sebra, Christopher J. Menjou
Earlier this year, Gov. Jerry Brown signed Senate Bill 496, modifies design professionals' contractual duty to defend.
California courts have increasingly watered down or altogether ignored the substantial-factor requirement.
Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals
Brand owners rejoice at Google ruling
By Simon J. Frankel, Ted Karch
The 9th Circuit recently held that "verb use [of a trademark] does not necessarily constitute generic use."
In examining the building blocks of consciousness in his new book, "From Bacteria to Bach and Back," Dennett starts with billi...
David Grann has a way with creating razor-keen suspense out of already tension-filled historical narratives. "Killers of the F...
U.S. Supreme Court, Constitutional Law
Giving offense is a viewpoint
By Blaine H. Evanson, Christina R.B. Lopez
The "disparagement clause" in Section 2 of the Lanham Act violates "bedrock" First Amendment principles and is therefore facia...
Law Practice, Criminal
Criminal competency in California courts
By Christopher M. Honigsberg
The procedure for determining competency for a criminal defendant confuses many attorneys, even criminal attorneys.
Health Care & Hospital Law, Government, Administrative/Regulatory
Fair Pricing Act puts price controls on hospitals run amok
By John Aiello
Republican health care reform proposals have grave consequences for the millions of Americans, though Californians might be fa...
Ethics/Professional Responsibility
How to help lawyers who are in distress
By J. Randolph Evans, Shari L. Klevens
The stigma surrounding substance abuse and depression often makes it difficult for those afflicted to ask for help or for thos...
Innocent, even careless mistakes can often be forgiven. Conduct that appears to be intentional, much less so.
Law Practice, Alternative Dispute Resolution
Co-mediation: When 2 heads are better than 1
By Lynn Duryee, Jeane Struck
Sometimes the combination of retired judge and former attorney provides just the right medicine to get the job done.
U.S. Supreme Court, Corporate
Lingering questions following Escobar
By Kimberly A. Dunne, Douglas Axel
One year ago, the U.S. Supreme Court endorsed the implied false certification theory under the False Claims Act.
U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
Justices should hear 9th Circuit free speech case
By Mitchell Keiter
The First Amendment's protection of conscience is more important than ever in this polarized age. The political majority can a...
Transportation, Government, Environmental & Energy, Administrative/Regulatory
Paris or no Paris, auto emissions may fall
By Jeffrey Soble, Sarah Slack
U.S. auto manufacturers may be motivated to push ahead with green technologies regardless of the withdrawal from the Paris Agr...
Civil Litigation, Law Practice, Corporate
How to humanize a corporate defendant
By Robert F. Tyson Jr.
Learning to personalize the corporate client by telling their story -- family, pride of ownership, community standing and more...
Appellate Practice, Administrative/Regulatory
Publish or perish: A labraddoodle and a fire in Santa Barbara
By Daniel J. Herling
Who is responsible for a house fire that occurs when a dog is left alone with combustible dog food on a stovetop: the dog's ow...