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Administrative/Regulatory

Look ahead to autonomous vehicle law in 2017

Jan. 5, 2017
By Michael W. Reynolds

With 2016 now in the rear view mirror, it is time to look forward to a year that promises self-driving cars on public roads in...


Litigation

Must a claimant who asserts an Unruh Act violation based upon Title II of the ADA as part of his claim also prove discriminato...


Litigation

Civil RICO questions linger

Jan. 5, 2017
By William Thomson

As civil RICO litigation grows, courts must decide whether interests in judgments qualify as "property" By William Thomson Sha...


Judicial Profile

Mary Kreber Varipapa

Jan. 4, 2017
By Arin Mikailian

Orange County Judge Mary Varipapa works hard to help people with substance abuse problems.


The California Court of Appeal was recently asked to apply the covenant of good faith and fair dealing to a primary insurer wh...


Perspective

Most of us do not reply to everything, but replies are helpful so clients, colleagues and co-counsel are all on the same page....


Law Practice

Four Twitter rules for Donald J. Trump

Jan. 4, 2017
By Dan Eaton

There lessons to be drawn from the history of presidential communication with the public that should enable Trump to make the ...


Insurance

Year in review: insurance law in 2016

Jan. 4, 2017
By Kirk A. Pasich

Last year, California courts rendered a number of interesting insurance coverage decisions. Here's a review of some of the mor...


Appellate Practice

You can't really understand the forest — the American justice system — in front of you unless you've already viewed some other...


Litigation

When the high court DIGs your dreams

Jan. 4, 2017
By Ben Feuer

If you're a corporation and you lose a big case in the federal appellate courts, having the U.S. Supreme Court grant certiorar...


Perspective

Fake news 'cure' could be worse than the disease

Jan. 4, 2017
By Jean-Paul Jassy

Rep. Darrell Issa recently said he intends to explore how Congress might answer the following question: "Where's the line of y...


Given the differing opinions among courts nationwide, the U.S. Supreme Court is expected to weigh in on this question in the n...


Alternative Dispute Resolution

What's on an arbitrator's mind

Dec. 31, 2016
By Douglas E. Noll

If you are appearing before arbitrators with any frequency, it might be useful to know what they think and fret about. By Doug...


Ethics/Professional Responsibility

Recently, the California Supreme Court accepted a case for review that could substantially increase all attorneys' adherence t...


Perspective

SLAPP happy in the appellate courts in 2016

Dec. 31, 2016
By Adam Regele

This year, state and federal appellate courts in California repeatedly grappled with freedom of speech issues in numerous crit...


Alternative Dispute Resolution

Torts of another and the fight for fees

Dec. 31, 2016
By Ike M. Kaludi

The tort of another doctrine allows a California plaintiff or cross-complainant to seek all of his attorney fees as damages fr...


Law Practice, Ethics/Professional Responsibility

The law of lawyer conflicts in 2016

Dec. 31, 2016
By Wendy Chang

As the year draws to a close, it is a great time to take a moment to review the latest conflicts cases, and contemplate whethe...


Cases are meant to be published when they add a meaningful expansion to existing law or provide clarity to contested issues. <...


Intellectual Property

Ruling is sea change for design-patent cases

Dec. 30, 2016
By Stephen Larson

Earlier this month, the Supreme Court unanimously held that damages awards for design-patent infringement need not be the tota...


Law Practice

The revolving door: California edition

Dec. 30, 2016
By Natasha Innocenti

High-profile government attorneys who leave for private practice make headlines, and recent moves began escalating well before...


Perspective

Patent law in 2017

Dec. 30, 2016
By Lily Lim

Next year, the Supreme Court will be turning its focus on patent cases to extraterritorial aspects and is expected to rule on ...


Civil Litigation, Law Practice

Conducting voir dire in civil trials

MCLE
Dec. 30, 2016
By Elizabeth R. Feffer, Cherisse H.A. Cleofe

The pleadings long-settled, and discovery now completed, it is now time for you to try your client's civil case before a jury.


Law Practice

Time management

Dec. 29, 2016
By Hamid Yazdan Panah

The issue of time management is particularly challenging to sole practitioners accustomed to a 9-to-5 job. ...


Government, Administrative/Regulatory

Navigating financial subsidies from local governments

Dec. 29, 2016
By Bruce W. Galloway

With the demise of redevelopment agencies in California, a financial subsidy necessary for the financial viability of a real e...


Real Estate/Development

Payment of resident managers is an area where state and federal law do not work in consonance, putting property management com...


Commercial Law

Gift card woes for retailers

Dec. 29, 2016
By Stephanie A. Sheridan

Gift cards, a blessing to many holiday shoppers, can be a headache for retailers, as complicated redemption laws vary state to...


Perspective

Charter school decision affects entire state

Dec. 29, 2016
By Scott E. Huber

At issue was the legality of a "satellite facility" opened by a charter school outside of the geographic boundaries of its cha...


Tax

If Google eats Dutch Sandwiches, can you?

Dec. 29, 2016
By Robert W. Wood

Reports from Dutch regulatory filings say that Alphabet Inc.'s Google saved $3.6 billion in taxes in 2015 alone by moving $15....


Constitutional Law

Why takings law matters

Dec. 29, 2016
By Michael M. Berger

Californians lived for years under a legal regime holding that the only remedy for a regulation that had the effect of taking ...


Labor/Employment

Welcome to the gig economy

Dec. 29, 2016
By Eve H. Wagner

It's estimated that in just about three years, contingent workers will comprise about 40 percent of the entire U.S. workforce....