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Perspective

Tort claims aren't always preempted by ERISA

May 3, 2016
By Eric Whitehead

In two recent decisions, judges of the U.S. District Court for the Northern District of California have brought clarity to the...


Perspective

Our dearly departed Prince, a person who had the resources to receive advice and guidance from the finest estate planners, app...


Law Practice

The good old daze

May 3, 2016
By David M. Balabanian

There is an active market in complaints that law practice is no longer as honorable or enjoyable as it used to be. By David M....


Appellate Practice

Did I say 'law clerk'?

May 3, 2016
By Myron Moskovitz

When I used that term in my last column, I caught hell for it.


Judges and Judiciary

Chatting with Richard Mosk

May 3, 2016
By Arthur Gilbert

The loss of a dear, close friend like Richard is difficult to bear. But there is comfort in his palpable and continued presenc...


Alternative Dispute Resolution

Family law mediations require confidentiality

Apr. 30, 2016
By Fern Topas Salka, Frederick J. Glassman

It has long been recognized that the sine qua non of mediation is the assurance of confidentiality, which is crucial to the op...


Perspective

Model T laws in a Tesla-driven world

Apr. 30, 2016
By Scott M. Wornow

How long should we expect it to take for laws and regulations to evolve from a world of mechanical-based automobiles to one in...


State Bar & Bar Associations

Policy decisions are better when informed by data

Apr. 30, 2016
By Randal John Meyer

Most people agree that it is good to inform policy decisions with empirical data. Then again, the California State Bar is not ...


Education

The fundamental right to education

Apr. 30, 2016
By John Affeldt

In one of the most important cases of our generation, the California Court of Appeals ruled that there is no minimum guarantee...


Perspective

Yet another attack on encryption

Apr. 30, 2016
By Nate Cardozo

Security experts have agreed that a "unicorn system" that is both secure and open to law enforcement simply isn't plausible. B...


Ethics/Professional Responsibility

Within the grand architecture of legal ethics, the attorney's duty to supervise subordinates might be compared to a prosaic co...


If settlement proceeds are not used to reimburse Medicare, counsel who have held the settlement funds, as well as the insuranc...


Litigation

Fee awards: granted by association

Apr. 29, 2016
By Richard R. Terzian

What many lawyers do not realize is that pursuit of claims under statutes that do not allow for fees may provide fees by "osmo...


The Defend Trade Secrets Act seems to address a gap in the current California trade secret laws and precedent that Silicon Val...


The reality is that the Defend Trade Secrets Act will create more problems than it solves as it's injected into the current st...


Law Practice

Indictment? Inconceivable!

Apr. 29, 2016
By David J. Graulich

You keep using the word "indictment." I do not think it means what you think it means. By David Graulich ...


Civil Rights

Garland on the rights of people with disabilities

Apr. 29, 2016
By Michael Waterstone

Judge Garland does not himself have an obvious disability or life experience with disability that is yet part of the public re...


U.S. Supreme Court

The Supreme Court didn't seem interested in adopting either side's position at oral argument in a recent case about the False ...


Intellectual Property

However well-meaning demands to use our own personal devices may be, law firms and attorneys are required by strict ethical st...


Intellectual Property

TTAB rules should be carefully considered

Apr. 28, 2016
By Rochelle D. Alper

The United States Patent and Trademark Office recently published for comment proposed rule changes governing practice before t...


Labor/Employment

Given National Labor Relations Board decisions following Iskanian, such tempered deference to the decision is not warra...


Perspective

National security can't be left to tech industry

Apr. 28, 2016
By David W. Opderbeck

In this debate, there are few easy answers. By David W. Opderbeck ...


U.S. Supreme Court

A new power industry landscape

Apr. 28, 2016
By Tara S. Kaushik

Several recent cases, including a Supreme Court ruling last week, mark the beginning of a transforming regulatory landscape fo...


Perspective

The US Postal Service and us

Apr. 27, 2016
By Dan Lawton

No one wants to feel like a loser. But if you ever should want a reason to hate yourself a little more, then do what I did las...


Entertainment & Sports

Pay-to-play schemes persist, despite law

Apr. 27, 2016
By Jared Milrad

Tom Cruise once told us that we couldn't handle the truth. It's become clear now that Hollywood can't either. That's because a...


Securities, Government, Administrative/Regulatory

A major win for criminal defense attorneys

Apr. 27, 2016
By Thomas A. Zaccaro, Nicolas Morgan

In a recent ruling, the Supreme Court said that an asset freeze violates a defendant's Sixth Amendment right to counsel when s...


Corporate

FCPA program continues focus on individuals

Apr. 27, 2016
By Debra Wong Yang

Whether or not to self-report violations of the Foreign Corrupt Practices Act has constituted a problematic and vexing questio...


Corporate

DPA, NPA deals are not up to the judge

Apr. 27, 2016
By Jim Bowman

A recently issued and strongly worded opinion by a federal court of appeals held that the district court "significantly overst...


Perspective

Zero defects

Apr. 26, 2016
By David M. Balabanian

Things such as typos or open warfare between subject and predicate will — like it or not — make some readers suspect that your...


Labor/Employment

As one Spanish proverb goes, "To change one's mind is rather a sign of prudence than ignorance." The latest installment in the...