U.S. Supreme Court, Criminal, Constitutional Law
Ban on mandatory LWOP for juveniles retroactive
By Hadar Aviram
The high court'sMontgomery v. Louisiana decision is the latest development in two trends in criminal justice. ...
Over the last year, California appellate courts have issued several decisions dealing with the anti-SLAPP statute. By Steven G...
The Northern District recently applied the California Court of Appeals' ruling that, employers are obligated to reimburse thei...
Real Estate/Development
Beware misleading disclosures as housing costs rise
By Roger C. Haerr
Buyers often develop remorse after they move into their home and discover one or more problems that the prior owner failed to ...
Until last week, most California courts have held parties in a strict product liability action can never use a competitor's pr...
No one likes receiving Internal Revenue Service Forms 1099, those pesky little tax forms you receive this time of year to repo...
Few provisions of the U.S. Constitution are as controversial as the Second Amendment. While the NRA argues that the Second Ame...
As consumers suffer from escalating premiums and reduced services from their health insurers, they face a simple truth — a lac...
To be sure, the Sunshine Act has important business and legal ramifications, and there are several ways that consumers, the pr...
While it is common for paralegals to oversee case management once a matter is assigned, rarely does a paralegal case manager p...
International Law, Government, Administrative/Regulatory
New safe harbor a priority for the EU
By Richard Neff
In October 2015, the European Court of Justice issued a ruling that invalidated the safe harbor program for the transfer of pe...
The reallocation of higher education risk — the danger that a student's debt might exceed her ability to repay — is the result...
Criminal, Constitutional Law
Admissibility of statements decision tree
By Elia V. Pirozzi
The article aims to provide bench officers and lawyers with a pragmatic and structural approach for analyzing issues surroundi...
Alternative Dispute Resolution
Complex neighbors: Santa Cruz & Santa Clara
By Anne M. Lawlor Goyette
Santa Clara County is the most populated county in the Bay Area, while Santa Clara has an estimated population of only 272,000...
In 2004, when I initially traveled to Cuba with the Beverly Hills Bar Association, the U.S. embargo against Cuba was still bei...
U.S. Supreme Court
Justices say ERISA claim is equitable, but not the remedy
By Michelle L. Roberts
The best things in life are worth waiting for, unless you are a plan fiduciary seeking reimbursement from a plan participant u...
Government
Initiative process is creating an untenable Constitution
By Rudolph G. Klapper
From California's first constitutional convention in 1849, the idea that power ultimately lies in the people has been a cheris...
Significantly reducing the threat of climate change will require collective action, and more aggressive regulation of land use...
U.S. Supreme Court
Alaska land regulation case could have unintended consequences
By Miyoko Sakashita
The alarming militia standoff in Oregon has focused on attention on public land management just as the U.S. Supreme Court hear...
U.S. Supreme Court
Case downplays history of Native American relations
By Greg Ablavsky
Failed policies litter the history of relations between the United States and Native American nations. ...
The groundbreaking ceremony that took place on Tuesday honors not only the outstanding lawyer whose name it bears, but is also...
Insurance, Ethics/Professional Responsibility
Law firms should consider new insurance options
By J. Randolph Evans, Shari L. Klevens
Law firms have an increasing number of options when it comes to purchasing legal malpractice insurance, as new insurers enter ...
On Sept. 11, 2015, the California Legislature passed Assembly Bills 243 and 266 and Senate Bill 643, collectively known as the...
Intellectual Property
Patent challenge standard: PTAB versus district court
By Ben M. Davidson
Last week, the U.S. Supreme Court granted certiorari in the latest patent case involving PTAB's patent claim construction stan...
In July 2015, bipartisan sponsors in both houses of Congress introduced the Defend Trade Secret Acts, intending to create a ci...
U.S. Supreme Court
High court declines to hear latest ACA challenge
By Anthony T. Caso
On Tuesday, the Supreme Court denied another challenge to the ACA, one which would have given the court the opportunity to rea...
Letters, 9th U.S. Circuit Court of Appeals
An unhelpful opinion on race's role in court
By Michael C. Mcmahon
Retiring judge Lawrence Waddington's recent observations on the role of race and gender in our courtrooms are both unhelpful a...
Mergers & Acquisitions, Corporate
Delaware court gives guidance on valuation
By Marc Boiron
The latest in a monthly column reviewing recent Delaware decisions affecting California businesses.
Family, California Courts of Appeal
2016 begins with two helpful family law decisions
By Claudia Ribet
The first decision reaffirms that mental abuse and controlling behavior are enough to warrant a domestic violence protective o...
As eventful as 2015 was, there is much more work to be done, and many chapters of the story remain to be written in 2016 and b...