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Law Practice, Law Office Management, Bankruptcy, 9th U.S. Circuit Court of Appeals

Will 9th Circuit wrap up 'unfinished business'?

Apr. 26, 2016
By Suzzanne Uhland, Jennifer M. Taylor

Whether the "Jewel doctrine" remains good law (and good policy), however, has come into question in light of the recent...


California Courts of Appeal

Better adjudicating campus sexual assault

Apr. 26, 2016
By David DeGroot

A recent case should call into question the mandates of the U.S. Department of Education's Office of Civil Rights and that off...


Law Practice

OJ series true to book, not history

Apr. 26, 2016
By F. Lee Bailey

Despite its good viewer share — some evidence that the Simpson case will continue to live on — the recent series purporting to...


U.S. Court of Appeals for the 9th Circuit

This, our inaugural column, discusses an opinion the 9th Circuit released in early March, Shell Offshore Inc. v. Greenpeace...


Judges and Judiciary

Elements of unlawful detainers

MCLE
Apr. 25, 2016
By William D. Dodson

The objective of this article and self-study test is to familiarize bench officers and litigants with the most important featu...


Corporate, Contracts

Contracts, and attorneys, must evolve with software

Apr. 23, 2016
By S. David Goldenberg

Companies offering their services via the web, either in browsers as a subscription service should review their licensing lang...


Administrative/Regulatory

Legal framework lacking in the Age of Drones

Apr. 23, 2016
By Scott C. Hall

Drones are here to stay, but the legal and regulatory framework necessary to fully realize the anticipated benefits of drones ...


Tax

BP and tax deductible damages

Apr. 23, 2016
By Robert W. Wood

Now, that a judge has approved BP's $20 billion settlement over the spill, it is appropriate to look at the overall societal c...


Perspective

Justices appear to seek limiting principle in FCA case

Apr. 23, 2016
By Matthew W. Turetzky

On Tuesday, the U.S. Supreme Court heard oral argument in a case that has the potential to change the pervasiveness and cost o...


Civil Litigation, Law Practice, Ethics/Professional Responsibility, Alternative Dispute Resolution

Mediation confidentiality still uncertain

Apr. 23, 2016
By A. Marco Turk

Cassel v. Superior Court (2011) supposedly settled the issue of mediation confidentiality in California. Of course, it ...


Perspective

In a pair of decisions issued in March and April, the Federal Circuit limited what was thought to be the extremely broad reach...


Intellectual Property, Entertainment & Sports

Suit may leave jurors dazed and confused

Apr. 23, 2016
By Deborah Drooz

This year's most talked-about music infringement case, Skidmore v. Led Zeppelin, hinges on the same copyrightability issue and...


Law Practice, Ethics/Professional Responsibility

Bar switches up theories in fee dispute case

Apr. 23, 2016
By Samuel C. Bellicini

The State Bar inexplicably retreated from its winning argument, and made a new argument at the 9th Circuit in a recent case in...


State Bar & Bar Associations

Dear state Supreme Court,

Apr. 23, 2016
By Robert C. Fellmeth

An open letter to the California Supreme Court on deunification and compliance with federal law. ...


Perspective

Mayor Lee expected to sign new parental leave ordinance

Apr. 22, 2016
By Michelle Barrett Falconer

On April 12, the San Francisco Board of Supervisors passed what has been dubbed the Paid Parental Leave ordinance, continuing ...


Perspective

Minimun wage, maximum liability exposure

Apr. 22, 2016
By Garrett M. Fahy

As California's laws change, firms must be ever vigilant in their compliance efforts. By Garret Fahy ...


Environmental

The U.S. Environmental Protection Agency has selected new national enforcement initiatives that will direct inspection and enf...


Perspective

Patrick Murphy and John Carnevale recently completed a report that explores the approach Washington and Colorado have taken to...


Administrative/Regulatory

The landscape of 2016 looks a lot different than the landscape of 2010. By Ryan Lowther ...


U.S. Supreme Court

May a plaintiff whose effort to obtain class action treatment is rejected obtain immediate appellate review of that decision s...


Perspective

A federal court in California recently held that that the California Resale Royalty Act is preempted by federal copyright law....


U.S. Supreme Court, Constitutional Law

Attacks on minority voting will continue

Apr. 21, 2016
By Charles S. Doskow

The U.S. Supreme Court's recent decision sustaining the use of total population as the basis for apportionment of legislative ...


Securities

Not the last challenge to SEC's use of ALJs

Apr. 21, 2016
By Sarah A. Good

The U.S. Supreme Court recently declined to hear a challenge to the Securities and Exchange Commission's use of its in-house j...


Constitutional Law, California Supreme Court

Harmonizing competing legal rights is a little like playing the card game "War": Whichever card or right has the highest rank ...


Corporate

A Delaware court recently considered disclosure obligations of the general partner of a limited partnership where the limited ...


Perspective

The anatomy of an open convention

Apr. 20, 2016
By Audrey Perry Martin

Political junkies and "House of Cards" fans across the country are salivating at the possibility of an "open" Republican Natio...


Civil Litigation, Labor/Employment, Alternative Dispute Resolution

Uber arbitration unquestionably unenforceable

Apr. 20, 2016
By Chris D. Baker

The big question on appeal in the ongoing Uber litigation is whether the trial judge was right to find Uber's mandatory arbitr...


Professor Catherine L. Fisk gives her take on the recent decision in California's landmark teacher-tenure case. ...


Perspective

Attorney Michele M. Goldsmith gives her take on the recent decision in California's landmark teacher-tenure case. ...


GC Email

False Claims Act arguments at high court

Apr. 20, 2016
By Joshua Hill

One of the government's principal sources of financial recovery is at risk in a case the U.S. Supreme Court will hear oral arg...