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Civil Litigation, Law Practice

Courts consider changes to FRCP

Mar. 5, 2016
By A. Marco Turk

Five recent cases bear careful attention when considering applicability of the new amended Federal Rules of Civil Procedure.


Education

Release of students' personal information raises questions

Mar. 4, 2016
By Ariana Seldman Hawbecker

Recent notices sent by several school districts last month to parents of California public school children have caused concern...


Appellate Practice

Seeking (or resisting) Supreme Court review?

Mar. 4, 2016
By Robert J. Stumpf

Here's a few things to keep in mind if you are seeking, or opposing, review in the California Supreme Court. By Robert J. Stum...


Perspective

New ruling is a first for cyber insurance policies

Mar. 4, 2016
By Ashley Van Zelst

In recent years, insurance companies have issued cyber insurance policies that provide coverage for, among other things, wrong...


Perspective

The other Rodney King case

Mar. 4, 2016
By Jordan D. Segall

Anyone in Los Angeles in the 1990s saw parts of George Holliday's footage of the Rodney King beating. The principle question p...


Administrative/Regulatory

Expect more 'ransomware' attacks in 2016

Mar. 3, 2016
By Mary Ellen Callahan, Heidi L. Wachs

Unlike other hackers, perpetrators of ransomware are not after the underlying information itself. Instead, they hold data host...


International

The impact of a British exit from the EU for California business are unclear, but are likely to be felt by those with operatio...


U.S. Supreme Court

Affordable housing law passes muster, for now

Mar. 3, 2016
By Bryan W. Wenter

The court's decision not to review California Building Industry Association v. City of San Jose comes as a sweet relief...


Law Practice

To say that "interpreting everything that's being said" is an "established interpreting standard" is quite a stretch, to say t...


U.S. Supreme Court

Not your father's Terry stop

Mar. 2, 2016
By Marc Rotenberg

When the Supreme Court heard oral argument in Utah v. Strieff last week, Justice Scalia's passing was marked with a bla...


Intellectual Property

Do IPR cases drive down stock prices?

Mar. 1, 2016
By J. Gregory Sidak

Hedge fund manager Kyle Bass says that an IPR challenge against a single drug costs approximately $1 million. By J. Gregory Si...


Perspective

There are three conventional ways for exiting a Chapter 11 bankruptcy case, but a fourth alternative, the "structured dismissa...


Entertainment & Sports

The 9th Circuit: Hollywood's circuit

Mar. 1, 2016
By Daniel B. Lifschitz

On Feb. 17, the 9th Circuit haded down its long-awaited opinion in Sarver v. Chartier, which included both procedural a...


U.S. Supreme Court, Criminal, Constitutional Law

Scalia called it like it is

Mar. 1, 2016
By Steven S. Kimball

Considerable commentary has focused on Justice Antonin Scalia's wit in dissent, but what has received less emphasis is his ski...


Civil Litigation

Introduction to civil discovery

MCLE
Feb. 29, 2016
By Patricia M. Lucas

The objective of this article and accompanying self-assessment test is to provide bench officers and lawyers with an introduct...


Alternative Dispute Resolution

A more civil mediation

Feb. 27, 2016
By Lenton Aikins

Having represented plaintiffs in civil practice for 25 years, I refuse to demonize defense attorneys in any way because I cons...


U.S. Supreme Court

Justices should reject the use of pseudoscience

Feb. 27, 2016
By Julianna S. Gonen

On March 2, the Supreme Court will hear arguments in Whole Woman's Health v. Cole, concerning laws enacted in Texas req...


Perspective

Beware the tolling of the limitations period

Feb. 27, 2016
By James Steele

In a case which might be of considerable concern to certain attorneys, the 4th District Court of Appeal recently held the stat...


U.S. Supreme Court, Securities

Personal benefit and insider trading

Feb. 27, 2016
By Angela Machala

The Supreme Court recently announced that it will hear U.S. v. Salman, a case that will affect scores of pending insider tradi...


Tax

How you feel about rising legal costs and lawyer hourly rates may depend on where you fit on the continuum, and whether you ar...


U.S. Supreme Court, Health Care & Hospital Law, Administrative/Regulatory

The Reproductive FACT Act, which requires that all unlicensed facilities providing prenatal care provide certain information t...


U.S. Court of Appeals for the 9th Circuit

What is the harm in giving voters more choice?

Feb. 26, 2016
By Michael B. Salerno

Given the text and structure of the constitution, limiting the 'advisory measure' power is decision for the voters, not the co...


Civil Litigation

How much money do you want?

Feb. 26, 2016
By Michael J. Raphael

If there were an Oscar awarded to the most overlooked provision in the California Code of Civil Procedure, it might go to Sect...


International Law

Chinese lawmakers recently enacted the Counter-Terrorism Law of the People's Republic of China, which took effect Jan. 1.


U.S. Supreme Court

Heath care isn't one word or one person

Feb. 25, 2016
By Craig B. Garner

While Scalia's legacy ought to take precedence during this time of mourning, widespread panic over the future of health care r...


U.S. Supreme Court

Supreme Court ruling could curb 'stock drop' lawsuits

Feb. 25, 2016
By Christopher Rillo

The Supreme Court issued a rare ruling in Amgen Inc. v. Harris, reversing without full briefing or oral argument a 9th ...


Constitutional Law

Apple dispute shows bill is bogus

Feb. 25, 2016
By Andrew Crocker

Apple's ongoing showdown with the Justice Department over an iPhone is raising much-needed public awareness of the role of enc...


Law Practice

Smartphones, smart lawyering

Feb. 24, 2016
By Jonathan S. Kitchen

Chances are that virtually everyone reading this column has a smartphone. So how should trial lawyers adapt to this new realit...


Constitutional Law

An asymmetric view of border fences

Feb. 24, 2016
By Gideon Kanner

Once again, events "out there" have intruded into our parochial little world of land use and such, but on a grander scale. As ...


U.S. Supreme Court, Civil Litigation

It appears that Obama's game plan may be relegated to nominating a candidate that Senate Republicans could not block without r...