Effective corporate governance requires close, integrated collaboration among corporate legal, finance and human resource func...
Perspective
Winning coverage for breach of an IP license agreement
By Daniel A. Johnson
Ongoing litigation in the Northern District of California provides a timely study for policyholders pursuing coverage for a su...
Ethics/Professional Responsibility
Replacement counsel incurs risks as well as rewards
By J. Randolph Evans, Shari L. Klevens
Taking over a case that has gone off the rails involves a series of unique challenges and risks for replacement counsel. ...
Not usually. Many people find that a shock. After all, remember the case of IRS official Lois Lerner, who ran the IRS tax exem...
Environmental & Energy
Push for renewable energy no longer driven solely by policy
By Jerry R. Bloom
The new driver is consumer demand for green products and services and this will necessitate changes in the regulatory and lega...
Perspective
9th Circuit OKs multiple claims for relief under ERISA
By Robert J. McKennon
One of the most significant developments in the law concerning the Employee Retirement Income Security Act of 1974 (ERISA) in ...
The debate over the current legislation is just the latest federal battle concerning the Sacramento-San Joaquin Delta. By Ryan...
Perspective
Once information is machine readable, the transition to artificial intelligence will be rapid
By Nicole Shanahan
Computers will one day be capable of completing many of the higher-order activities lawyers perform today. By Nicole Shanahan ...
Unclear how CPRA decision will play out
By Duffy Carolan
The California Supreme Court recently held that an inadvertent disclosure of documents in response to a California Public Reco...
Perspective
Where do copyleft licenses stand after the Google verdict?
By Tennille Christensen
Despite what some say, even if its upheld on appeal, the Oracle v. Google fair use jury verdict will not destroy the ...
Done properly, licensing can bridge the gap between the spark of a creative idea and its full commercial potential. By Tom Dul...
Regardless of whether employees are feeling the Bern or stumping for Trump, California employers must let employees visit the ...
At trial, lawyers generally have prior depositions of the witnesses to help frame questions with confidence as to the likely a...
Judges are busy and rushed, so even when you think the law is on your side, always tell a good story. ...
The California Supreme Court took a medium step for everyone: It unanimously amended California Rules of Court, rule 8.1105(e)...
Alternative Dispute Resolution
Time to rethink fair housing arbitration?
By Terry R. Dowdall
An arbitrator recently handed down a $450,000 award for a landlord's violation of the Fair Employment and Housing Act — a fail...
Two critical amendments contained in the 2015 changes (Rules 26(b)(1) and 37(e)) bear re-visiting because of their impact on w...
Perspective
Mediation confidentiality: a wall against malpractice claims or a sieve?
By Louie H. Castoria
For those of us who mediate cases with regularity, thus saving the judicial system and our clients from unnecessary trials, th...
As highlighted in a recent case, appellants must designate the transcript on appeal whenever resolution of the appeal turns on...
The House of Representatives voted 403-12 last week to pass Toxic Substances Control Act overhaul legislation, the Frank R. La...
Litigation
Ruling should give employers pause with arbitration agreements
By Hilary Weddell
A recent decision may signal that the tide is again changing in California, and courts may be more likely to refuse to enforce...
Though not effective until Dec. 1, it's not too early to become familiar with Federal Rules of Appellate Procedure amendments ...
Securities, Government, Administrative/Regulatory
SEC taking hard look at private equity
By Nicolas Morgan, Sam S. Puathasnanon
In recent months, through public statements by commissioners and other senior officials and enforcement actions, the Securitie...
Several blockbuster cases remain on the docket this term
By James Azadian
Due to Justice Antonin Scalia's passing, the court has had to decide more than two-thirds of the cases with an eight-member be...
California Courts of Appeal
High court shifts on depublishing
Lawyers on Wednesday applauded a decision by the state Supreme Court to abolish the depublication of lower California appellat...
Perspective
More criminal charges for public works wage violations
By Stewart J. Powell
California law enforcement agencies in the last couple months have been allocating significant resources to pursuing criminal ...
Intellectual Property
Modify employee agreements to maximize DTSA remedies
By Linda Macleod
Employers wanting to preserve all possible remedies available for trade secret misappropriation should update their employee n...
The initial alleged trade secret misappropriation act might dictate DTSA applicability if the continuing activity is treated a...
Constitutional Law
Protecting minors and the First Amendment
By Seana Valentine Shiffrin
Does North Carolina's law making it a felony for sex offenders to use websites like Facebook go too far? By Seana Valentine S...
The 9th Circuit recently found that a zoning ordinance which regulates where guns can be sold in Alameda County should be subj...