Superior Court Judge, San Diego County (San Diego) ...
Civil Litigation, Judges and Judiciary
Civil discovery sanctions
By Patricia M. Lucas, Gary Nadler
Earn MCLE while brushing up on a court's authority to impose sanctions. ...
Alternative Dispute Resolution
The evolution of the arbitration acts
By Lawrence Waddington
When Congress enacted the Federal Arbitration Act in 1925 to offer an alternative to the cost and dilatory pace of civil litig...
Perspective
It's inevitable that errors will be made at trial
You won your case at the trial level; you believe everything went pretty smoothly, so why be concerned when you receive the no...
Real Estate/Development, Administrative/Regulatory
SF may be changing its tune to Airbnb
By Tad A. Devlin, Stacey Chiu
Legislation that was introduced at the July 12 San Francisco Board of Supervisors meeting shows the city's willingness to acco...
Perspective
Manage your stress, and pass the test
The next administration of the California Bar Exam begins Tuesday. Last summer 8,736 individuals took the bar exam and only 4,...
Judges and Judiciary
A sense of community between the bench and bar
Here in L.A. we may have acquired a skyline that resembles Northeastern cities, but our high-rises house a tacit understanding...
Law Practice
Using social media to research jurors
A few courts have gone so far as to suggest that with respect to jurors, online investigation is not only permissible, but exp...
Securities, Corporate, Constitutional Law, Administrative/Regulatory
SEC ALJs continue to draw scrutiny
By Thomas A. Zaccaro, Nicolas Morgan
While early constitutional challenges to the SEC's use of in-house judges appeared promising for respondents, more recent deci...
Education
Vergara facts meet the test
The California Supreme Court has the opportunity to safeguard the rights of millions of schoolchildren if it agrees to hear th...
Litigation
Lawyers often need information and help from third-party witnesses over whom they have no power and who have no reason to coop...
Civil Litigation, Law Practice
Prosecutors-turned-defense lawyers: a primer
By Carolyn F. Mcniven
The move into private practice as a defense attorney requires a change in attitude. Here are some things I wish I knew when I ...
Insurance
High court to weigh in on 'other insurance'
The 2nd Circuit recently certified two issues to the California Supreme Court which could have a significant and long-lasting ...
Constitutional Law
Local police power-based mobile billboard bans are legal in California so long as the restrictions don't regulate viewpoint. B...
Environmental
Air board proposes amendments to cap-and-trade program
The release of this extension and amendment package is happening concurrently with a long-running legal challenge against the ...
A recent decision gives additional life to the doctrine after its scope was limited by the state Supreme Court in 2007.
Perspective
Bar might follow ABA on attorney-client sex rules
The State Bar of California is considering new rules that prohibits sex with clients unless it is consensual and pre-dates the...
Appellate Practice
Superior brief writing doesn't always win the day
Every litigator is familiar with the experience of receiving a brief from the other side that is — to speak bluntly — garbage....
Intellectual Property
Farewell bare bones patent complaints
Seven months after the new rules took effect requiring plaintiffs to plead specific facts to support a direct infringement all...
Civil Litigation, Intellectual Property
What's on deck for IP at the high court
By Michael Hawes, Bryant C. Boren Jr.
The Supreme Court's changes to the IP landscape over the past several years have left patent and copyright holders with assets...
Labor/Employment
Bill threatens choice of law, venue provisions
Out-of-state companies doing business in California would be well-advised to look closely at Senate Bill 1241. By Christine Sa...
Ethics/Professional Responsibility
The State Bar is in the midst of developing comprehensive amendments to the rules, which were last fully revised in 1987. By L...
Perspective
Ruling is an important lesson for CalPERS employers
A Court of Appeal decision is a reminder to ensure that all employee base salaries are reported on a "publicly available pay s...
Perspective
FTC remains committed as ever to challenging deals
Half way into 2016, it is clear that the Federal Trade Commission and Department of Justice Antitrust Division is as committed...
Constitutional Law
Does government regulation of a distinctive ethnic and cultural food item — shark fin soup — amount to unconstitutional race-b...
Administrative/Regulatory
HIPAA enforcement reaches historic level
By Mary Ellen Callahan, David P. Saunders
In the first half of the year, regulators collected more than $9 million in HIPAA fines, a number that surpasses the previous ...
The Supreme Court did not address arguments related to the contracts clause and bankruptcy clauses of the Constitution in the ...
Supreme Court commentator Dahlia Lithwick said it best, "This is Anthony Kennedy's world and we are all just living in it."
Appellate Practice
Successful oral arguments require a little clairvoyance
By Myron Moskovitz
Oral argument gives you an opportunity to discover what concerns the judges, so instead of covering all the arguments in your ...
Intellectual Property
Biotech's hopes for answers dashed by the Supreme Court
For much of 2016, many in the biotech industry hoped that the court would revisit the issue — and presumably modify the standa...