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Perspective

On Jan. 5, the state Supreme Court heard arguments in a case that presents an opportunity to clarify the law regarding litigat...


Law Practice, Ethics/Professional Responsibility

Lawyers as defendants in 2015, Part 1

Jan. 16, 2016
By Kenneth C. Feldman, Alex A. Graft

We continue with our analysis of Bergstein from last Friday, now focusing on the decision's statute of limitations anal...


Constitutional Law

Article II, Section 1 of the Constitution says that only a natural born citizen is eligible to be president. Is Sen. Ted Cruz,...


Administrative/Regulatory

Going native with the FTC

Jan. 15, 2016
By Mary Ellen Callahan, Emily Bruemmer

Last month, the FTC released new guidance for businesses on native advertising, loosely defined as online ads that blend into ...


Criminal, 9th U.S. Circuit Court of Appeals

9th Circuit too quick to find jury selection errors

Jan. 14, 2016
By Lawrence Waddington

Twenty years ago, Congress enacted the Anti-Terrorism and Death Penalty Act, limiting federal appellate courts, under strict c...


Civil Litigation, Appellate Practice

Timing is everything in court

Jan. 14, 2016
By Alana H. Rotter

Two Court of Appeal opinions published at the tail end of 2015 highlight an important distinction when it comes to deadlines.


U.S. Supreme Court

The US Supreme Court in 2016

Jan. 13, 2016
By Erwin Chemerinsky

There are a significant number of cases this year in which some are urging the court to overturn decades-old precedent.


U.S. Supreme Court

One last swing at the Google Books project

Jan. 13, 2016
By Bennett A. Bigman

On New Years Eve, the Authors Guild asked the Supreme Courts to review its claims that the Google Books project violates U.S. ...


Securities, Government, Administrative/Regulatory

2015 a record year for the SEC

Jan. 12, 2016
By Nicolas Morgan, Sam S. Puathasnanon

Last year, the SEC filed a record 807 enforcement actions and obtained orders totaling $4.2 billion in disgorgement and penalt...


Environmental

The Volkswagen emission control device case seems to have all the essential ingredients of a criminal prosecution, but on Jan....


Perspective

AB 960: Protecting California families

Jan. 9, 2016
By Cathy Sakimura

Thanks to a new law that went into effect on Jan. 1, California law now fully protects families having children through assist...


Ethics/Professional Responsibility

Parting ways with a client

Jan. 9, 2016
By Heather L. Rosing

Whatever the reason to terminate, the attorney should ensure compliance with all ethical and professional responsibilities. By...


Perspective

Court says assignee may not file for bankruptcy

Jan. 9, 2016
By David S. Kupetz

The 11th Circuit recently considered a case where the assignee filed a voluntary bankruptcy petition on behalf of the assignor...


Perspective

Alaska's land and water go to court

Jan. 9, 2016
By Ethan Blevins

John Sturgeon's 2007 lone hunting trip in the Alaskan wilderness has escalated into a battle over state sovereignty and the re...


Litigation

Consideration is hard, dismissal is easy

Jan. 8, 2016
By David Schraub

Lawyers have an ambiguous relationship with the usefulness of legal norms and decision-making processes outside the courtroom....


Civil Litigation

FRCP fix shakes up electronic discovery

Jan. 8, 2016
By A. Marco Turk

Attorneys should familiar with the new rules and the mediation process as applied to ESI disputes, and utilize the mediation p...


Perspective

As millions of people are looking for tax deductions, can you deduct the cost of getting healthy? By Robert W. Wood ...


Government Contracts

In California, a person who utilizes construction services can sue for return of money paid if the contractor was not licensed...


U.S. Supreme Court

Separation of powers on trial at high court

Jan. 8, 2016
By Carlton F.W. Larson

It's a deceptively simple question with two correct answers: Can Congress pass a law directing the outcome of litigation in a ...


U.S. Supreme Court

Arbitration back at high court next month

Jan. 7, 2016
By Jeffrey D. Polsky

The case will turn on whether California courts hold arbitration agreements to different standards that other contracts when d...


Perspective

Bill could destroy class actions

Jan. 7, 2016
By Joanne Doroshow

This week, the House of Representatives will vote on a bill dubbed the "VW Bailout Bill," which could severely limit class act...


Administrative/Regulatory

Top executives absent in VW suit

Jan. 7, 2016
By Jonathan A. Michaels

Absent major reform, we should not only tolerate, but expect, those in command to lie, cheat and steal about the products thei...


Ethics/Professional Responsibility

Tips to avoid client disputes in 2016

Jan. 6, 2016
By John B. Sullivan

Client disputes cost lawyers time and money, but there are fortunately many preventative steps you can take to reduce the like...


Probate

Usefulness of TOD deeds uncertain

Jan. 6, 2016
By Robert C. Barnes

On Jan. 1, California played catch-up for a change and joined at least 27 other states that allow a low-cost way of avoiding p...


Judges and Judiciary

A new year's resolution … or not?

Jan. 6, 2016
By Arthur Gilbert

In this paragraph is an inchoate New Years' resolution. Not sure whether to do it. A successful businessman I knew said this a...


Insurance, Ethics/Professional Responsibility

Cagey causation in legal malpractice cases

Jan. 6, 2016
By J. Randolph Evans, Shari L. Klevens

As the complexity and potential exposure of legal malpractice cases continue to evolve, the four basic elements of a legal mal...


CFPB's resolution should be to rein in arbitration

Jan. 6, 2016
By Alexandra P. Summer

We are all aware of increasing use of arbitration agreements and the court decisions bolstering them. In addition to being law...


California Supreme Court

Is California's mutuality rule done for?

Jan. 5, 2016
By Charles H. Jung

On Jan. 5, the California Supreme Court will hear oral argument in Baltazar v. Forever 21, the latest of several signif...


Entertainment & Sports, Corporate

The new Netflix

Jan. 1, 2016
By Glen A. Rothstein

To what extent is Netflix changing as it moves away from movies and toward original television program? ...


Perspective

Opposition to class action waivers on both the political and legal fronts persists ...