Civil Litigation
Maybe America needs more Peter Thiels
By David P. Elder, Neville L. Johnson
We need a broader discussion of defamation and privacy law and the First Amendment and other restrictions thereon in a digital...
The 9th Circuit recently considered whether a prominent politician's personal emails (no, not that politician) are di...
You might imagine that your clients keep big ledgers in which the details of your achievements are inscribed for all time, alo...
Supreme Court justices follow less stringent rules than members of Congress, cabinet heads and their staffs on issues ranging ...
California Courts of Appeal
Making law in the dark
By J. Anthony Kline, Jerome B. Falk Jr.
It took many by surprise when the California Supreme Court adopted a proposal to abandon the practice of automatic depublicati...
Alternative Dispute Resolution
Add OODA Loop to your mediation strategy
By Jan Frankel Schau
The phrase "OODA Loop" refers to the decision cycle of observe, orient, decide and act. Military strategist United States Air ...
Effective settlement negotiations start with preparing a case for trial. In cases with multiple parties defendant, settlements...
If you make money, it is always taxable no matter what, but the rules are different if you lose money. If it is a real busines...
Corporate
Defining the market to avoid dismissal in antitrust actions
By Gregory L. Curtner
A recent, unpublished 9th Circuit opinion demonstrates the minimalist geographic market allegations antitrust plaintiffs can m...
Government, Corporate, Administrative/Regulatory
FTC heads push back on data leak harm
By Jonathan C. Sandler, Makan Delrahim
Last month, the three Federal Trade Commission commissioners vacated their chief administrative law judge's bold decision to d...
What is a religion? Which beliefs will we grace with special exemptions from the law? Few have tackled the question of what th...
As mass production of these vehicles become a reality, it is logical to expect additional government regulation will be propos...
The proliferation of CEQA litigation as a tool to impede development for commercial, anti-competitive, or unsubstantiated "NIM...
Law Practice
Ruling shows challenges to post-trial attacks on punitive damages
By Curt C. Cutting
From the defendant's perspective, getting the trial judge to toss out a punitive damages award a few weeks after trial is much...
If Donald Trump gets his way, the time-honored phrase "Stop the presses!" may take on a whole new meaning. By Karl Olson ...
Ethics/Professional Responsibility
Tips for fighting motions to disqualify
By J. Randolph Evans, Shari L. Klevens
When a motion to disqualify is filed, the targeted law firm takes on a second client — itself.
Law Practice, International Law
New EU-US data privacy regime raises the bar
By Everett Monroe
For new Privacy Shield companies not used to European data protection requirements, the most challenging requirement may be pr...
The California Court of Appeal holds that police dashboard videos aren't confidential police personnel records, and thus must ...
Law Practice
Has the pleading standard changed for direct patent infringement?
By Stefan Szpajda
Although a case pending in the Northern District of California may bring clarity, it's still unclear whether the pleading stan...
A new ruling holds that experts can still rely on hearsay to form an opinion, but cannot relay as true case-specific facts ass...
When a single, otherwise-valid, SLAPP cause of action includes allegations of protected activities, these activities may be ex...
Litigation
Manufacturers may face new theory of liability
Thanks to a lawsuit pending in the Southern District of California against Monsanto Corporation, chemical manufacturers could ...
Mindfulness and meditation are two simple and inexpensive tools that can help lawyers face and conquer the anxiety and depress...
International
Olympics: building a peaceful and better world, usually
By Jonathan A. Michaels
This week will mark an Olympic first on many levels, and now another first can be added: the first Olympics to be embroiled in...
Technology platforms and products used in today's businesses often carry the potential risk of inherent system weaknesses or e...
Family
Increased family law flexibility doesn't protect vulnerable parties
By Erez Aloni
While the growth of more choice and flexibility in family law is a cause for celebration, the developing legal regime fails to...
While online video is booming and seemingly impervious to intellectual property restrictions, producers must nevertheless stra...
The Judicial Council should adopt a new Rule of Court to allow the Supreme Court to send a case back to the Court of Appeal if...
A federal judge threw out 200 hours of audio evidence Monday that was collected by FBI investigators near the San Mateo County...
The California Department of Toxic Substances Control and the earlier district attorney settlements with FedEx represent a new...