Courts in Washington D.C. and California will grapple in the next year with the highly charged issue of the extent to which pu...
Software patents have had a rough run. Courts have declared many software-based inventions invalid and the Patent and Trademar...
Corporate
Software patents will soon rise again
Software patents have had a rough run. Courts have declared many software-based inventions invalid and the Patent and Trademar...
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
Several themes ran though high court's eminent domain questions
By Basil S. Shiber
Last week, the California Supreme Court heard arguments in a case that addresses the constitutionality state laws which allow ...
A new law includes several important changes for California's craft distillers that chip away at, for the first time since the...
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
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 ...
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
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
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
By Kendra L. Basner
Lately, Hollywood has been making a lawyer's navigation through ethical challenges a main storyline. Lawyers behaving badly ar...
The Washington Redskins invoked a seldom-used Supreme Court rule that allows parties to seek certiorari in extraordinary circu...
Cruz and Kasich both used the term "suspend" when declaring they would no longer actively campaign for the Republican Party no...
Perspective
The term is 'legal research attorney,' nothing more, nothing less
By Michael Acker
In California, there's a small army of attorneys who work for the state court system. And they're not called "law clerks." By ...
A recent decision from the 4th Circuit is an important victory for policyholders seeking coverage for data breaches under trad...
if the district court approves the settlement, the Uber litigation will no longer be the bellwether case for whether tech comp...
Perspective
Beach access ruling a win for property rights
As the 2016 presidential election draws near, we can ask ourselves which candidates best understand the potential for popularl...
Constitutional Law
Despots by popular demand and the American presidency
By Paul Stanton Kibel
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
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...
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
Perfect timing for federal trade secrets protection
By Stuart Meyer
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
By Steven H. Kruis
Despite the sensation headlines, the recent "Deflategate" case is simply a straight-forward arbitration and contract analysis ...
In a recent decision, the California Court of Appeal correctly ruled that it was up to the California Legislature, not the jud...
It's time for the NLRB to retire its Lutheran Heritage decision, which invalidates many a facially neutral rule solely ...
The National Highway Traffic Safety Administration has determined that texting and driving is six times more dangerous than dr...
Labor/Employment
Closer look at discrimination ruling raises some concerns
By Steven J. Kaplan
At first glance, a recent decision seems to fill a curious gap in California employment discrimination law by clarifying that ...
When I expressed to my mother an interest in plaintiff-side employment law, she expressed concern that there might not be suff...
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...
What happens when the court orders a spouse to continue to pay the expenses of the other party without setting a specific amou...