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Civil Litigation

Maybe America needs more Peter Thiels

Aug. 9, 2016
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...


Litigation

Grand jury subpoenas and an Icarian fall from grace

Aug. 9, 2016
By Anna-Rose Mathieson

The 9th Circuit recently considered whether a prominent politician's personal emails (no, not that politician) are di...


Law Practice

Client Care 1

Aug. 9, 2016
By David M. Balabanian

You might imagine that your clients keep big ledgers in which the details of your achievements are inscribed for all time, alo...


Perspective

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

Aug. 8, 2016
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

Aug. 6, 2016
By Jan Frankel Schau

The phrase "OODA Loop" refers to the decision cycle of observe, orient, decide and act. Military strategist United States Air ...


Perspective

Settling effectively with multiple parties

Aug. 6, 2016
By Mark D. Licker

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

A recent, unpublished 9th Circuit opinion demonstrates the minimalist geographic market allegations antitrust plaintiffs can m...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

Aug. 6, 2016
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...


Civil Rights

Religion by any other name

Aug. 6, 2016
By Ethan Blevins

What is a religion? Which beliefs will we grace with special exemptions from the law? Few have tackled the question of what th...


Perspective

Self-driving car ads worry consumers

Aug. 5, 2016
By Christian J. Scali

As mass production of these vehicles become a reality, it is logical to expect additional government regulation will be propos...


Environmental

Time to revisit standing under CEQA

Aug. 5, 2016
By Jonathan E. Shardlow

The proliferation of CEQA litigation as a tool to impede development for commercial, anti-competitive, or unsubstantiated "NIM...


Law Practice

From the defendant's perspective, getting the trial judge to toss out a punitive damages award a few weeks after trial is much...


Perspective

Libel through the eyes of Trump

Aug. 5, 2016
By Karl Olson

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

Aug. 5, 2016
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

MCLE
Aug. 5, 2016
By Everett Monroe

For new Privacy Shield companies not used to European data protection requirements, the most challenging requirement may be pr...


Perspective

The California Court of Appeal holds that police dashboard videos aren't confidential police personnel records, and thus must ...


Law Practice

Although a case pending in the Northern District of California may bring clarity, it's still unclear whether the pleading stan...


Perspective

Hearsay ruling will affect civil cases, too

Aug. 4, 2016
By Don Willenburg

A new ruling holds that experts can still rely on hearsay to form an opinion, but cannot relay as true case-specific facts ass...


Perspective

When a single, otherwise-valid, SLAPP cause of action includes allegations of protected activities, these activities may be ex...


Thanks to a lawsuit pending in the Southern District of California against Monsanto Corporation, chemical manufacturers could ...


Corporate

Meditation to help cope with litigation

Aug. 3, 2016
By Olga V. Mack, Katia Bloom

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

Aug. 3, 2016
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...


Insurance

Avoiding potential data fraud coverage gaps

Aug. 3, 2016
By Ashley N. Van Zelst

Technology platforms and products used in today's businesses often carry the potential risk of inherent system weaknesses or e...


While the growth of more choice and flexibility in family law is a cause for celebration, the developing legal regime fails to...


Constitutional Law

Viral videos are fogging up fair use

Aug. 3, 2016
By Kevin L. Vick

While online video is booming and seemingly impervious to intellectual property restrictions, producers must nevertheless stra...


Law Practice

A new ground for review and transfer

Aug. 3, 2016
By Cruz Reynoso

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...


Criminal

A federal judge threw out 200 hours of audio evidence Monday that was collected by FBI investigators near the San Mateo County...


Perspective

The California Department of Toxic Substances Control and the earlier district attorney settlements with FedEx represent a new...