Intellectual Property
Unsettled patent law creates uncertainty for 'importers'
By Louis Touton
International trade accounts for 30 percent of the United States GDP. But given the state of U.S. patent law, companies that p...
Larry Ellison's late decision to sue Google might have convinced jurors that Oracle merely wanted payday for Google's success ...
Appellate Practice
Data shows average appeal time increasing in California
By Kirk C. Jenkins
The average days pending from grant to decision on the California Supreme Court civil side has increased 25 percent from the e...
Right of publicity vs. the First Amendment
What makes the 9th Circuit's decision in Sarver remarkable is that the court held that right of publicity laws are subject to ...
Criminal
Senate Bill 813 will promote justice for rape victims
By Christopher M. Honigsberg
Eliminating the statute of limitations for rape victims will ensure that prosecutions will be based on proof, corroboration an...
It was conceived of and is a protector of basic human rights from threats emanating from within and without. By John Claassen ...
The revelation that Peter Thiel, one of Silicon Valley's most prominent investors, financed Hulk Hogan's legal costs in a priv...
The version of a bill designed to make it easier for victims of the September 11 attacks to hold Saudi Arabia liable in U.S. c...
Administrative/Regulatory
FDA and California treat e-cigarettes more harshly than cigarettes
By Bryan M. Haynes
The states and the FDA are severely restricting a product that has proven to be a beneficial alternative to traditional tobacc...
We all know about the DOJ asking Apple to decrypt iPhones. But you might not know it's asking iPhone users to do the same thin...
Technology & Science
GHG emissions under CEQA after 2020: Is time running out?
By Todd O. Maiden
By 2020, greenhouse gas emissions in California must be no greater than they were in 1990, under the California Global Warming...
Uproar over the size of the attorney fees in the Uber class action settlement comes right as the state high court will hear ar...
Law Practice, Ethics/Professional Responsibility
Are you ready for nonlawyer investors?
By Teresa J. Schmid
The American Bar Association is currently considering whether to change its policy prohibiting nonlawyer ownership of law firms.
Law Practice, Law Office Management, Ethics/Professional Responsibility
Avoiding a law firm worst-case scenario
By J. Randolph Evans, Shari L. Klevens
It can be a major crisis for a law practice to discover that there is a problem with its application for legal malpractice ins...
In the cloud, the key to efficiency is standardization. By Francoise Gilbert ...
Technology & Science
Speech recognition-imbued objects raise host of privacy issues
By Jeffrey Rabkin
The Internet of Things is reshaping numerous industries and businesses, but come with privacy concerns that must be worked out...
AB 1676, still in committee, reflects a growing sentiment that salary history questions are improper and invasive. By Jeffrey ...
Most lawyers do not try to deduct their law school tuition or expenses, and a recent case shows why that's a good thing. By Ro...
AB 2298 would extend required notice to adults, provide an opportunity to contest inclusion in a database, and would require t...
Time has come to de-unify the State Bar of California
By William N. Hebert
The de-unification plan should focus on the Supreme Court's oversight of the State Bar's public protection mission, while simu...
The Delaware Supreme Court court overturned a 28-year-old decision in reaching the conclusion that compliance with Delaware's ...
Review general principles regarding proving punitive damages, including a few concepts and analyses from a recent case that sh...
The court's decision also raises questions about current and past legislative efforts to address the challenged statutes. By R...
Media
Online retailers face a wave of deceptive pricing claims
By Stephanie A. Sheridan
Over the last two years, more than three dozen retailers have been targeted by deceptive pricing litigation. Nearly half of th...
On May 18, the U.S. Department of Labor announced its final rule expanding federal overtime pay protections. By Adam KohSweene...
The U.S. Supreme Court is considering whether inter partes review — a post-2011 administrative proceeding for challenging pate...
U.S. Supreme Court, Civil Litigation
Class certification will be more difficult, for now
By Mary Ellen Callahan, Alexander M. Smith
Thought it's not clear yet whether the U.S. Supreme Court's decision in Spokeo will be the death knell for "no injury...
California Supreme Court has now articulated a clear rule that addressees who pays costs in a settlement. By Audra Ibarra ...
Articulate speech — the reason we straddle the food chain — explains why we're diners, not dinner. By David M. Balabanian ...
Government, Constitutional Law
Congress did not intend zero access to FISA surveillance
By John D. Cline
Courts are ignoring congressional intent when in comes to granting criminal defendants access to evidence gathered using the F...