U.S. Supreme Court, Labor/Employment
What's next for unions after Friedrichs tie?
By William B. Gould IV
On March 28, the U.S. Supreme Court affirmed by a tie vote adherence to stare decisis, or precedent -- in this case, upholding...
Without immediate action, the number of cases pending before the immigration courts nationwide will exceed 500,000 by the end ...
Appellate Practice
Proper pendente lite strategy is critical in civil litigation
By Donald S. Sherwyn
While the pre-trial period in many civil cases is relatively short due to fast-track rules, dissolution of marriage and other ...
Administrative/Regulatory
FTC reins in #misrepresentation
By Mary Ellen Callahan, Emily Bruemmer
Lord & Taylor's social media campaign to promote a dress from its new "Design Lab" collection made a splash on Instagram i...
True to form, California stands ready to enact yet another great legal experiment by leading the charge into the realm of the ...
This month, the DOJ announced two deferred prosecution agreements to resolve criminal charges under the Anti-Kickback Statute ...
Administrative/Regulatory
Surveillance Whack-a-mole: the quest for a 4th Amendment ruling on NSA surveillance
By Alan Butler
Last week the 9th U.S. Circuit Court of Appeals issued a short order remanding one of the three main challenges to the NSA's M...
Last week, and again Monday, the U.S. Supreme Court split 4-4.
Perspective
New amendments to California's Fair Employment and Housing Act employment anti-discrimination and harassment regulations go in...
The understanding in the state of California has long been that grandparent visitation rights are limited. But there is always...
How should an ambiguity argument be evaluated in insurance cases?
Labor/Employment
DOL just issued a controversial 'persuader activity' rule
By Michael J. Lotito
On March 24, the Department of Labor issued a final rule that will require employers to file public reports with the DOL when ...
The general counsel is essential to a successful transaction. Together, the CEO, CFO and GC are strategic deal leaders and the...
A recent Supreme Court ruling prompted a knee-jerk proclamation of victory by some hoping to ultimately curtail the federal go...
Litigation
Reining in food labeling litigation
In a recent case the 9th Circuit applied a rigorous Rule 12(b)(6) plausibility standard to dispose of a putative labeling and ...
You've been asked by a partner at your firm to take the deposition of a witness. You've never taken a deposition, and law scho...
On March 10, Tom Wheeler, chairman of the Federal Communications Commission, submitted to the FCC a proposal for the adoption ...
Last Tuesday, a unanimous U.S. Supreme Court found for the Omaha Tribe of Nebraska in Nebraska v. Parker, concluding th...
The Judicial Council should take a strong stance to end an unfair court practice that harms the indigent and disproportionatel...
Mediation is popular with business people and their counsel because it is a low risk process with a remarkably high success ra...
Government, Administrative/Regulatory
Net neutrality's next big battle: ad blocking
By Bennett L. Ross, Brett Shumate
While network ad blocking has not taken hold in the U.S. to the same extent elsewhere, consumers here and abroad increasingly ...
Why did the bar make the change to a two-day exam with added weight to the MBE? By its own admission, it was to save $600,000 ...
U.S. Supreme Court, Intellectual Property
Could the Apple-Samsung fight unleash a new wave of patent trolls?
By Ben M. Davidson
It will be interesting to see how the Supreme Court decides this issue, and whether the fears Samsung raised of a new wave of ...
Letters, Constitutional Law
Letter to the editor: Chemerinsky wrong about 'value choices'
By Richard A. Nixon
Dean Erwin Chemerinsky's recent column incorrectly argues that U.S. Supreme Court justices may, indeed are required to, consid...
Urban planners across the state no doubt breathed a sigh of relief after a recent Court of Appeal decision about outdoor adver...
In the interests of full disclosure, the article is about Tuesday's 6-2 decision of the U.S. Supreme Court in Tyson Foods v. B...
Entertainment & Sports
'Studio-pendent' deals have pros, cons for filmmakers
By Marisa Kapust
It is becoming increasingly common for studios to team up with independent producers at the development stage. By Marisa Kapus...
A big news item overshadow by other recent developments is that the State Bar recently voted to require unaccredited law schoo...
Last week, the California Supreme Court delivered an important victory for public agencies with regard to the California Publi...
The Copyright Act places the burden on the copyright owner to police its copyright, and in so doing to consider fair use. But ...