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Law Practice

The agendas of Antonin and Atticus

Feb. 24, 2016
By Robert L. Bastian Jr.

What strange and interesting conversation must fill the reception salons of Purgatorio amongst its two noteworthy arrivistes, ...


Data Privacy

Is encryption safe?

Feb. 24, 2016
By Bruce J. Heiman

Beyond the current Apple/FBI controversy, there also is another way that the government could threaten encryption in many case...


Transportation

Automobiles as the Internet of Things

Feb. 23, 2016
By Robert E. Braun, Michael A. Gold

We don't think of it when we turn the key, but most of us start our days by operating a 4,000-pound computer, our cars. And li...


Civil Litigation

Catch up with discovery practice under amended FRCP

Feb. 23, 2016
By Armen N. Nercessian

In December, proposed amendments to the FRCP took effect, introducing measures aimed at making discovery practice more efficie...


Civil Litigation, Appellate Practice

'I object!' Possibly not. New rules for objections

Feb. 23, 2016
By Craig A. Roeb, Chelsea Lee Zwart

As objections are often required to preserve future rights, being well-versed in the current laws governing them is an imperat...


U.S. Supreme Court, Government, Environmental & Energy, Administrative/Regulatory

Why the energy plan is a big deal

Feb. 23, 2016
By Richard M. Frank

Earlier this month, the Obama administration suffered the most profound environmental of setback of the president's two terms ...


Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

33-month decision gives few answers

Feb. 23, 2016
By Douglas E. Mirell

33-months is how long it took the 9th Circuit to decide that Army Sergeant Jeffrey Sarver does not have a viable publicity rig...


Law Practice, Ethics/Professional Responsibility

Lawyers as defendants in 2015, Part 2

Feb. 23, 2016
By Kenneth C. Feldman, Alex A. Graft

In 2015, California Courts of Appeal clarified several issues affecting attorneys as defendants. ...


Health Care & Hospital Law, Books

In her new book, law professor Dayna Bowen Matthew explores the roots of the disparities that remain in the American health ca...


Perspective

Expect answers on trade secrets and more in 2016

Feb. 20, 2016
By Robert B. Milligan

Clarification is expected by the end of 2016 with respect to several trade secrets, computer fraud and restrictive covenant qu...


Constitutional Law

A veto begets the 14th Amendment

Feb. 20, 2016
By Allen L. Lanstra

One hundred and fifty years ago today, President Andrew Johnson surprised many in Congress by vetoing a bill to extend the Fre...


Books

A fundamental error of manifest injustice

Feb. 20, 2016
By Stan Yogi

Generations of law students have studied Korematsu v. U.S. Lorraine Bannai's excellent new book tells the compelling st...


Books

Read before that novel case arrives

Feb. 20, 2016
By John Shepard Wiley Jr.

Every judge seeking to improve should read "Divergent Paths: The Academy and the Judiciary" by 7th Circuit Judge Richard A. Po...


Perspective

The wisdom and wit of Scalia

Feb. 20, 2016
By David DeGroot

Justice Antonin Scalia's written legacy will continue to inform any discussion of our law and our constitution and will show f...


Perspective

A few unaddressed employment issues

Feb. 19, 2016
By William M. Crosby

Statutory and common law protections for employees in recent decades have largely eviscerated the presumption that employment ...


Securities, Mergers & Acquisitions, Corporate

Disclosures when stockholder approval not required

Feb. 19, 2016
By Marc Boiron, Kelly Galligan

A recent opinion sheds light on the disclosure obligations related to transactions that do not require stockholder approval bu...


Health Care & Hospital Law, Government, Civil Rights, Administrative/Regulatory

Tending to veterans' fertility needs

Feb. 19, 2016
By Judith Daar

The Pentagon recently announced a series of measures aimed at attracting and retaining personnel who have a dual desire to ser...


U.S. Supreme Court

Justices to look at when debtors can avoid debt

Feb. 19, 2016
By Neal S. Salisian, Stephanie Chau

In March, the U.S. Supreme Court will hear arguments about whether debtors are allowed to transfer assets for less than equiva...


Administrative/Regulatory

Climate change by administrative law?

Feb. 19, 2016
By Joseph F.C. DiMento

On Feb. 9, the U.S. Supreme Court acted to prevent the implementation of an EPA rule requiring that states make cuts in greenh...


Perspective

Justices should provide backup for our veterans

Feb. 19, 2016
By Jessica Ring Amunson

The U.S. Supreme Court will soon determine whether Congress intended to maximize the procurement contracts awarded to veteran-...


Mergers & Acquisitions, Law Practice, Law Office Management, Ethics/Professional Responsibility

Is your firm considering a merger?

Feb. 19, 2016
By J. Randolph Evans, Shari L. Klevens

Whether a merger is appropriate for a firm depends on many factors.


Law Practice

Gender equality and the Selective Service

Feb. 18, 2016
By Julie L. Kessler

In an interesting twist reflecting a sign of the times, but Army and Marine Corps top brass testified earlier this month befor...


U.S. Supreme Court

High court to hear enhanced patent damages arguments

Feb. 18, 2016
By Blaine H. Evanson

The court's decision could have a significant impact on the way patent claims are litigated. By Blaine Evanson and Taylor W. K...


U.S. Supreme Court, Judges and Judiciary

The coming fight to replace Scalia

Feb. 18, 2016
By Eric B. Kingsley

News of Scalia's death had barely sunk in before Sentate Majority Leader Mitch McConnell began politicizing it. ...


Perspective

A few of Scalia's favorite things

Feb. 18, 2016
By Dana M. Cole

I come to praise Justice Antonin Scalia, not to bury him. By Dana M. Cole ...


Perspective

One clerk's view of a life well-lived

Feb. 18, 2016
By Julian W. Poon

This past weekend, we lost a great justice, American and individual. Scalia applied his approach to the law in a principled ri...


U.S. Supreme Court

An empty seat on the court

Feb. 18, 2016
By Erwin Chemerinsky

Unsurprisingly, the intense political fight over Justice Antonin Scalia's successor began within hours of his death. ...


Alternative Dispute Resolution

Scalia's passing may change the ADR landscape

Feb. 18, 2016
By Steven H. Kruis

The Supreme Court justice's recent and unexpected death may change the alternative dispute resolution landscape, at least as t...


U.S. Supreme Court

Class actions at the high court

Feb. 18, 2016
By E. Crystal Lopez

A Supreme Court decision last month and several cases still on the court's docket could have a big impact on class action liti...


Our nation should not suffer a deadlocked, eight-member Supreme Court unable to resolve major cases for a year or more. Obama ...