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Labor/Employment

In an action for disability discrimination based on a failure to accommodate, California law does not require the employee to ...


Product Liability

A recent Court of Appeal decision gave the asbestos personal injury a bar a huge gift. The decision means that some service pr...


U.S. Supreme Court

There is no reason not to have hearings on a nominee

Mar. 8, 2016
By Brian K. Landsberg

When the president and Senate have been called upon to fill a vacancy on the U.S. Supreme Court, they have done so, even in pr...


Government

Along comes Donald the Conqueror

Mar. 8, 2016
By Gideon Kanner

Much has been said lately about Donald Trump's presidential campaign that is rolling on in spite of his aggressively crude, in...


Judges and Judiciary

Same hearing, different universe

Mar. 8, 2016
By Arthur Gilbert

Arthur L. Gilbert has been dogging me ever since I became a justice on the Court of Appeal over 33 years ago. ...


Transportation

Rules for self-driving cars begin to emerge

Mar. 5, 2016
By Hilary Rowen

Self-driving cars are on the horizon, and the nature of the initial regulatory framework will influence the direction of techn...


Perspective

Mentoring as malpractice prevention

Mar. 5, 2016
By Louie H. Castoria

A genuine commitment to mentoring can help teach the rules of the road that cannot realistically be taught in law schools. By ...


If Mark Zuckerberg invests in Kanye West's musical ambitions, they should think about taxes upfront and document what they int...


Alternative Dispute Resolution

The thin line between puffery and lies

Mar. 5, 2016
By Phyllis G. Pollack, Caroline C. Vincent

Until the last decade or so, one of the biggest parts of being a lawyer was not even taught in law school: negotiation and neg...


Perspective

Professions of the world, unite

Mar. 5, 2016
By Richard Wirick

Attorney Richard Wirick reviews "The Future of Professions," by father-son duo Richard Susskind and Daniel Susskind (Oxford Un...


Civil Litigation, Law Practice

Courts consider changes to FRCP

Mar. 5, 2016
By A. Marco Turk

Five recent cases bear careful attention when considering applicability of the new amended Federal Rules of Civil Procedure.


Education

Release of students' personal information raises questions

Mar. 4, 2016
By Ariana Seldman Hawbecker

Recent notices sent by several school districts last month to parents of California public school children have caused concern...


Appellate Practice

Seeking (or resisting) Supreme Court review?

Mar. 4, 2016
By Robert J. Stumpf

Here's a few things to keep in mind if you are seeking, or opposing, review in the California Supreme Court. By Robert J. Stum...


Perspective

New ruling is a first for cyber insurance policies

Mar. 4, 2016
By Ashley Van Zelst

In recent years, insurance companies have issued cyber insurance policies that provide coverage for, among other things, wrong...


Perspective

The other Rodney King case

Mar. 4, 2016
By Jordan D. Segall

Anyone in Los Angeles in the 1990s saw parts of George Holliday's footage of the Rodney King beating. The principle question p...


Administrative/Regulatory

Expect more 'ransomware' attacks in 2016

Mar. 3, 2016
By Mary Ellen Callahan, Heidi L. Wachs

Unlike other hackers, perpetrators of ransomware are not after the underlying information itself. Instead, they hold data host...


International

The impact of a British exit from the EU for California business are unclear, but are likely to be felt by those with operatio...


U.S. Supreme Court

Affordable housing law passes muster, for now

Mar. 3, 2016
By Bryan W. Wenter

The court's decision not to review California Building Industry Association v. City of San Jose comes as a sweet relief...


Law Practice

To say that "interpreting everything that's being said" is an "established interpreting standard" is quite a stretch, to say t...


U.S. Supreme Court

Not your father's Terry stop

Mar. 2, 2016
By Marc Rotenberg

When the Supreme Court heard oral argument in Utah v. Strieff last week, Justice Scalia's passing was marked with a bla...


Intellectual Property

Do IPR cases drive down stock prices?

Mar. 1, 2016
By J. Gregory Sidak

Hedge fund manager Kyle Bass says that an IPR challenge against a single drug costs approximately $1 million. By J. Gregory Si...


Perspective

There are three conventional ways for exiting a Chapter 11 bankruptcy case, but a fourth alternative, the "structured dismissa...


Entertainment & Sports

The 9th Circuit: Hollywood's circuit

Mar. 1, 2016
By Daniel B. Lifschitz

On Feb. 17, the 9th Circuit haded down its long-awaited opinion in Sarver v. Chartier, which included both procedural a...


U.S. Supreme Court, Criminal, Constitutional Law

Scalia called it like it is

Mar. 1, 2016
By Steven S. Kimball

Considerable commentary has focused on Justice Antonin Scalia's wit in dissent, but what has received less emphasis is his ski...


Civil Litigation

Introduction to civil discovery

MCLE
Feb. 29, 2016
By Patricia M. Lucas

The objective of this article and accompanying self-assessment test is to provide bench officers and lawyers with an introduct...


Alternative Dispute Resolution

A more civil mediation

Feb. 27, 2016
By Lenton Aikins

Having represented plaintiffs in civil practice for 25 years, I refuse to demonize defense attorneys in any way because I cons...


U.S. Supreme Court

Justices should reject the use of pseudoscience

Feb. 27, 2016
By Julianna S. Gonen

On March 2, the Supreme Court will hear arguments in Whole Woman's Health v. Cole, concerning laws enacted in Texas req...


Perspective

Beware the tolling of the limitations period

Feb. 27, 2016
By James Steele

In a case which might be of considerable concern to certain attorneys, the 4th District Court of Appeal recently held the stat...


U.S. Supreme Court, Securities

Personal benefit and insider trading

Feb. 27, 2016
By Angela Machala

The Supreme Court recently announced that it will hear U.S. v. Salman, a case that will affect scores of pending insider tradi...


Tax

How you feel about rising legal costs and lawyer hourly rates may depend on where you fit on the continuum, and whether you ar...