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Constitutional Law

Courts in Washington D.C. and California will grapple in the next year with the highly charged issue of the extent to which pu...


Intellectual Property

Software patents will soon rise again

May 11, 2016
By Joshua Van Hoven

Software patents have had a rough run. Courts have declared many software-based inventions invalid and the Patent and Trademar...


Corporate

Software patents have had a rough run. Courts have declared many software-based inventions invalid and the Patent and Trademar...


Alternative Dispute Resolution

The mystery of mediation

May 10, 2016
By David M. Balabanian

Why is it necessary or even useful to enlist the aid of complete strangers to the case who, in the day or two they devote to i...


California Supreme Court

Last week, the California Supreme Court heard arguments in a case that addresses the constitutionality state laws which allow ...


Perspective

Loosening the rules for California distillers

May 10, 2016
By Molly A. Jones

A new law includes several important changes for California's craft distillers that chip away at, for the first time since the...


Tax

Full faith and credit's opaque command

May 10, 2016
By Anna-Rose Mathieson

April has come and gone, so most of us can breathe a sigh of relief that tax season is over. For those that get audited the ni...


Criminal, Constitutional Law, Civil Rights

Restoring felons to full citizenship

May 10, 2016
By Jeffrey L. Bornstein, Sanford Jay Rosen

While efforts are made during the period of probation or supervised release to assist convicted felons, there are substantial ...


Perspective

Mediation comes in many different flavors

May 7, 2016
By Richard E. Posell

Despite myriad benefits, joint sessions have continued to fall out of favor, without any apparent damage to the rate of settle...


Law Practice, Law Office Management

Thinking about leaving your firm? Plan ahead

May 7, 2016
By Daniel O'Rielly, Dena Roche

One of the defining characteristics of any partner or group departure from a law firm is that once you announce the departure,...


Civil Litigation, Ethics/Professional Responsibility

Democratizing e-discovery and the FRCP

May 7, 2016
By A. Marco Turk

Recent cases demonstrate that the struggle referred to by former Chief Justice Warren Burger continues to be expressed through...


Ethics/Professional Responsibility

Hollywood swoons over lawyer ethics

May 7, 2016
By Kendra L. Basner

Lately, Hollywood has been making a lawyer's navigation through ethical challenges a main storyline. Lawyers behaving badly ar...


Entertainment & Sports

Rare rule invoked in trademark dispute

May 7, 2016
By Katherine Basile

The Washington Redskins invoked a seldom-used Supreme Court rule that allows parties to seek certiorari in extraordinary circu...


Government

Trump likely to get 172 California delegates

May 7, 2016
By Audrey Perry Martin

Cruz and Kasich both used the term "suspend" when declaring they would no longer actively campaign for the Republican Party no...


In California, there's a small army of attorneys who work for the state court system. And they're not called "law clerks." By ...


Insurance

Does CGL cover data exposed on internet?

May 6, 2016
By Caroline A. Lindsey

A recent decision from the 4th Circuit is an important victory for policyholders seeking coverage for data breaches under trad...


Perspective

Gig economy may have to wait for answers

May 6, 2016
By Valerie J. Brender

if the district court approves the settlement, the Uber litigation will no longer be the bellwether case for whether tech comp...


As the 2016 presidential election draws near, we can ask ourselves which candidates best understand the potential for popularl...


Constitutional Law

As the 2016 presidential election draws near, we can ask ourselves which candidates best understand the potential for popularl...


Insurance, Ethics/Professional Responsibility

Considerations for when it's time to change malpractice insurers

May 6, 2016
By J. Randolph Evans, Shari L. Klevens

Every law firm should make the decision regarding whether to change legal malpractice insurance companies based on its own fac...


Perspective

California trade secrets vs. the DTSA

May 5, 2016
By Andrea Jill Weiss Jeffries

How do the Defend Trade Secrets Act's key features compare them to California's trade secrets law? By Andrea Weiss Jeffries an...


Intellectual Property

There's a reason the Defend Trade Secrets Act passed unanimously in the Senate and by a vote of 410-2 in the House. It's impor...


'Deflategate' is a bit overinflated

May 5, 2016
By Steven H. Kruis

Despite the sensation headlines, the recent "Deflategate" case is simply a straight-forward arbitration and contract analysis ...


Education

Courts shouldn't make education policy

May 5, 2016
By Lance Izumi

In a recent decision, the California Court of Appeal correctly ruled that it was up to the California Legislature, not the jud...


Perspective

End the myopic focus on Section 7

May 5, 2016
By Mark S. Ross

It's time for the NLRB to retire its Lutheran Heritage decision, which invalidates many a facially neutral rule solely ...


Transportation

Despite crisis, texting and driving laws lag

May 4, 2016
By Jonathan A. Michaels

The National Highway Traffic Safety Administration has determined that texting and driving is six times more dangerous than dr...


Labor/Employment

At first glance, a recent decision seems to fill a curious gap in California employment discrimination law by clarifying that ...


Perspective

Still work to do on sexual misconduct laws

May 4, 2016
By Jeremy D. Pasternak

When I expressed to my mother an interest in plaintiff-side employment law, she expressed concern that there might not be suff...


Perspective

3-D printed organs: patent eligible?

May 4, 2016
By Brian Hopkins

While there is little debate that 3-D bio-printers and methods of bio-printing organs are patent eligible under 35 U.S.C. Sect...


Family

Tax opinion may affect support deductions

May 3, 2016
By Navid Moshtael

What happens when the court orders a spouse to continue to pay the expenses of the other party without setting a specific amou...