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Judges and Judiciary

Take a judge, leave a judge

Jun. 2, 2016
By Brian L. McCabe

Enormous judgeship shortfalls exist throughout the state and all to the public's detriment. Redistributing judgeships is a zer...


Constitutional Law

Right of publicity vs. the First Amendment

Jun. 1, 2016
By Kevin L. Vick

What makes the 9th Circuit's decision in Sarver remarkable is that the court held that right of publicity laws are subj...


Litigation

A tax hypo, funded by Silicon Valley

Jun. 1, 2016
By Robert W. Wood

Of course, investing in lawsuits sounds strange. Selling off pieces of a suit does, too. But it is increasingly common. And le...


Perspective

What's worrying wine in California?

Jun. 1, 2016
By John E. Trinidad

Laws that restrict market access and land use regulations that impact winery development and visitation are the most pressing ...


Intellectual Property

International trade accounts for 30 percent of the United States GDP. But given the state of U.S. patent law, companies that p...


Intellectual Property

Why did the jury rule for Google?

Jun. 1, 2016
By Pamela Samuelson

Larry Ellison's late decision to sue Google might have convinced jurors that Oracle merely wanted payday for Google's success ...


Appellate Practice

The average days pending from grant to decision on the California Supreme Court civil side has increased 25 percent from the e...


What makes the 9th Circuit's decision in Sarver remarkable is that the court held that right of publicity laws are subject to ...


Criminal

Senate Bill 813 will promote justice for rape victims

May 28, 2016
By Christopher M. Honigsberg

Eliminating the statute of limitations for rape victims will ensure that prosecutions will be based on proof, corroboration an...


Perspective

The EU is not unity merely for the sake of unity

May 28, 2016
By John S. Claassen

It was conceived of and is a protector of basic human rights from threats emanating from within and without. By John Claassen ...


Litigation

Hulkster tags Thiel in epic Gawker body slam

May 28, 2016
By Anoush Hakimi

The revelation that Peter Thiel, one of Silicon Valley's most prominent investors, financed Hulk Hogan's legal costs in a priv...


International

Senate botched 9/11 bill

May 28, 2016
By Stephen I. Vladeck

The version of a bill designed to make it easier for victims of the September 11 attacks to hold Saudi Arabia liable in U.S. c...


Administrative/Regulatory

The states and the FDA are severely restricting a product that has proven to be a beneficial alternative to traditional tobacc...


Perspective

The United States v. iPhone User

May 27, 2016
By Dan D. Terzian

We all know about the DOJ asking Apple to decrypt iPhones. But you might not know it's asking iPhone users to do the same thin...


Technology & Science

By 2020, greenhouse gas emissions in California must be no greater than they were in 1990, under the California Global Warming...


GC Email

A timely controversy over attorney fees

May 27, 2016
By Lawrence W. Schonbrun

Uproar over the size of the attorney fees in the Uber class action settlement comes right as the state high court will hear ar...


Law Practice, Ethics/Professional Responsibility

Are you ready for nonlawyer investors?

May 27, 2016
By Teresa J. Schmid

The American Bar Association is currently considering whether to change its policy prohibiting nonlawyer ownership of law firms.


Law Practice, Law Office Management, Ethics/Professional Responsibility

Avoiding a law firm worst-case scenario

May 27, 2016
By J. Randolph Evans, Shari L. Klevens

It can be a major crisis for a law practice to discover that there is a problem with its application for legal malpractice ins...


Perspective

Purchasing cloud services can be tricky

May 26, 2016
By Francoise Gilbert

In the cloud, the key to efficiency is standardization. By Francoise Gilbert ...


Technology & Science

The Internet of Things is reshaping numerous industries and businesses, but come with privacy concerns that must be worked out...


Labor/Employment

Think twice before requesting salary history

May 26, 2016
By Jeffrey D. Polsky

AB 1676, still in committee, reflects a growing sentiment that salary history questions are improper and invasive. By Jeffrey ...


Tax

Can you deduct your law school tuition?

May 26, 2016
By Robert W. Wood

Most lawyers do not try to deduct their law school tuition or expenses, and a recent case shows why that's a good thing. By Ro...


Perspective

Law would shine a light on gang lists

May 26, 2016
By Marissa Montes

AB 2298 would extend required notice to adults, provide an opportunity to contest inclusion in a database, and would require t...


The de-unification plan should focus on the Supreme Court's oversight of the State Bar's public protection mission, while simu...


Corporate

The Delaware Supreme Court court overturned a 28-year-old decision in reaching the conclusion that compliance with Delaware's ...


Insurance

Review general principles regarding proving punitive damages, including a few concepts and analyses from a recent case that sh...


Education Law

The court's decision also raises questions about current and past legislative efforts to address the challenged statutes. By R...


Media

Online retailers face a wave of deceptive pricing claims

May 25, 2016
By Stephanie A. Sheridan

Over the last two years, more than three dozen retailers have been targeted by deceptive pricing litigation. Nearly half of th...


Labor/Employment

What overtime standards mean for California

May 25, 2016
By Adam P. KohSweeney

On May 18, the U.S. Department of Labor announced its final rule expanding federal overtime pay protections. By Adam KohSweene...


Perspective

High court could shake up patent review

May 25, 2016
By Justin L. Krieger

The U.S. Supreme Court is considering whether inter partes review — a post-2011 administrative proceeding for challenging pate...