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Perspective

It's settled: Mediation works in family law

Apr. 1, 2017
By Mitchell A. Jacobs

It's settled: participating in mediation early on in divorce proceedings is more cost effective, less time consuming and amica...


Labor/Employment

Local measures may grow into state law

Apr. 1, 2017
By Benjamin M. Ebbink

Cumbersome local employment ordinances with barely any track record may become state law unless legislators put on the brakes....


Intellectual Property

Coachella is about more than music

Apr. 1, 2017
By Christine B. Redfield

According to a recent lawsuit, the Coachella Music Festival is also about reining in fast fashion's desire to make a quick buc...


Judges and Judiciary

"Opening a new set of briefs is like opening the daily newspaper," Aldrich said, preparing to end almost 23 years on the appel...


Civil Litigation, Intellectual Property

Inside the DMCA's black box

Mar. 31, 2017
By Jennifer M. Urban

Does the notice and takedown system -- which limits online service providers' responsibility to police their services for copy...


Corporate, 9th U.S. Circuit Court of Appeals

Internal whistleblower reports are protected

Mar. 31, 2017
By Stephen L. Cohen, W. Hardy Callcott

A divided 9th Circuit panel said a company's retaliation for internal reports is actionable under Dodd-Frank.


Health Care & Hospital Law, Government, Administrative/Regulatory

Affordable Care Act gets an uncertain prognosis

Mar. 31, 2017
By Michael C. Parme, Theresa M. Wynne

It remains to be seen whether a replacement plan will succeed; in the meantime, an ACA checkup is in order. ...


Labor/Employment, Immigration

Protecting immigrant workers' rights

Mar. 31, 2017
By Kati L. Griffith

States can do more to protect unauthorized immigrant workers' rights, particularly in light of inadequate federal support. ...


Government

Politics, law and women's health

Mar. 31, 2017
By Deborah L. Rhode

The Trump administration's agenda could make a bad situation worse and place women's reproductive autonomy at increased risk. ...


Civil Litigation, Bankruptcy

When courts can approve structured dismissals

MCLE
Mar. 31, 2017
By David S. Kupetz

In bankruptcy courts as on the playground, everyone has to wait their turn, says the U.S. Supreme Court. No cutting allowed in...


Should you file an amended return, and what are the pitfalls?


U.S. Supreme Court, Intellectual Property

New copyright test may not be the final chapter

Mar. 30, 2017
By Elliot N. Brown

One wonders whether the Supreme Court's new test will resolve or replicate the puzzles that led to this decision.


Insurance

An insurer's duty to indemnify for a settlement

Mar. 30, 2017
By Kirk A. Pasich

As one court has stated, "even if the insurer has not denied coverage or refused to defend, the insurer has a duty to accept a...


California Supreme Court

The art of the duel: the original ADR

Mar. 30, 2017
By James Attridge

Long before dueling banjos, there were dueling people, including dueling politicians. ...


Government, California Supreme Court

Jerry Brown's legacy at the high court

Mar. 30, 2017
By Joseph R. Grodin

In August, Jerry Brown will have the opportunity to appoint his 11th Supreme Court justice. But the numbers aren't the end of ...


U.S. Supreme Court, Constitutional Law

The next big takings case... maybe

Mar. 30, 2017
By Michael M. Berger

The Supreme Court has for years been unable to arrive at a simple rule for determining when a regulation constitutes a taking.


Securities, Mergers & Acquisitions, Corporate

Private equity sponsors using SPACs

Mar. 29, 2017
By Sara L. Terheggen

Historically, "special purpose acquisition companies" only appealed to hedge fund investors. But recent years have seen a shif...


U.S. Supreme Court

Ruling weighs distributions in violation of absolute priority rule

Mar. 29, 2017
By Evan M. Jones, Daniel S. Shamah

A recent Supreme Court ruling has closed the door to distribution of entire estates in violation of the absolute priority rule.


Constitutional Law, Administrative/Regulatory

Modern surveillance is mass surveillance

Mar. 29, 2017
By Jennifer Stisa Granick

Because modern surveillance is mass surveillance, Congress should pass laws that will preserve civil liberties.


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

Until last week, the educational opportunities of minor students with disabilities have been hobbled by a decision the U.S. Su...


California Courts of Appeal

Ruling is a win for vulnerable nursing home patients

Mar. 28, 2017
By Stephen Garcia, David M. Medby

A Court of Appeal held that in an action for violations of a patient's rights, a plaintiff may recover up to $500 per cause of...


Government, Administrative/Regulatory

The Trump administration's plan to eliminate federal funding for the Legal Services Corporation will hurt poor people and vuln...


Government

Because they tend to come about hurriedly at the height of financial crises, statutes regulating the industry don't always mes...


U.S. Supreme Court, Intellectual Property

Decision will hurt patent defendants

Mar. 28, 2017
By Ben M. Davidson

Last week, the U.S. Supreme Court held that the equitable defense of laches is not available as a defense to a damage claim in...


U.S. Supreme Court, Judges and Judiciary

Leaving things undecided

Mar. 28, 2017
By Lawrence Rosenthal

Since the death of Justice Scalia, there has been much talk of the Supreme Court's efforts to issue narrow decisions to avoid ...


Justices probe patent venue

Mar. 28, 2017
By Matthew K. Blackburn

On Monday, the Supreme Court will hear oral argument in an important patent case that could upend the patent venue system.


Judicial Profile

Ed Hall

Mar. 28, 2017
By Arin Mikailian

Superior Court Commissioner Orange County (Santa Ana) ...


Judges and Judiciary, Criminal

Controlling the Courtroom

MCLE
Mar. 27, 2017
By Jacqueline A. Connor

Learn about how a judge may maintain control of the courtroom in cases involving pro per defendants.


Judicial Profile

Cindy Davis

Mar. 26, 2017
By Arin Mikailian

San Diego County Judge Cindy Davis wins praise for her handling of family law disputes.


Family

While national attention is focused on the hearings examining Supreme Court nominee Neil Gorsuch, average folks are actually m...