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Law Practice

Brian D. Chase hailed the organization's legislative achievements at its annual dinner Saturday ...


Perspective

Expectations matter in bankruptcy dismissals

Nov. 10, 2015
By M. Douglas Flahaut

A Delaware bankruptcy court recently dismissed several Chapter 11 bankruptcy cases associated with a project in the Bahamas, e...


We're first again on data privacy

Nov. 10, 2015
By Robert E. Braun, Michael A. Gold

A new California law is the first state law to prohibit law enforcement from searching digital communications without a warrant.


Alternative Dispute Resolution

Battles expose core problems with arbitration system

Nov. 10, 2015
By Jeremy K. Robinson

Recent cases filed against San Francisco-based 23andMe provide a glimpse at the litigation tar pits arbitration clauses can cr...


Perspective

A review of "Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World."...


U.S. Supreme Court

Veterans case removed from oral argument calendar

Nov. 10, 2015
By C. Peter Dungan

The Supreme Court canceled oral arguments scheduled for Monday in a case dealing about a program to support veteran-owned busi...


Alternative Dispute Resolution

In defense of mediation confidentiality

Nov. 7, 2015
By Jan Frankel Schau

It's critical to preserve confidentiality in mediation for the process to work.


Civil Litigation

A recent survey of 193 law schools shows most still don't provide in-depth e-discovery training. ...


Perspective

What happens if the judge is wrong?

Nov. 7, 2015
By Gregor A. Hensrude

There is malpractice insurance for when a lawyer makes a mistake. But what happens when a judge errs? By Gregor A. Hensrude an...


Perspective

Supreme Court ramps up interest in ERISA

Nov. 7, 2015
By Robert J. McKennon

The Supreme Court's recent interest in ERISA litigation has meant significantly more rights for employees. By Robert J. McKenn...


U.S. Supreme Court

A quartet of ERISA reimbursement cases

Nov. 7, 2015
By Mary Ellen Signorille

On Monday, the Supreme Court will hear arguments in a case on when employee benefit plan participants have to reimburse the pl...


Civil Rights

Rights don't stop at the border, but remedies might

Nov. 7, 2015
By Stephen I. Vladeck

A U.S. citizen is kidnapped, detained and tortured by the FBI oversees. What remedies does he have? A recent D.C. Circuit deci...


Intellectual Property

The number of new patent lawsuits broke four-year records this year when they spiked and then plunged, reflecting an increasin...


Transactions

Investing in 'China plus one' economies

Nov. 6, 2015
By Robert W. Wood

Investors are increasingly taking note of emerging Asian economies. By Robert W. Wood and Huy C. Luu ...


Insurance

A cautionary tale about "prior knowledge" exclusions in insurance policies from a recent case. By Peter S. Selvin ...


Appellate Practice

Be specific(ish) in prayers for damages

Nov. 6, 2015
By Michael R. Sohigian

Despite state Supreme Court authority and the CCP, California attorneys regularly file complaints without a specific pray for ...


Perspective

When a judge rules against you on every motion in limine, making a sufficient offer is proof should be your main concern. By W...


U.S. Supreme Court

This week, the Supreme Court heard oral arguments in a case where the justices signaled an inclination to reverse a death sent...


Law Practice

It is imperative to engage the Judicial Council

Nov. 5, 2015
By Laura Kelly St. Martin

Now that some Judicial Council meetings are open to the public, it is essential for lawyers to take advantage of this new tran...


U.S. Supreme Court

Shapiro may lack the buzz of some of the court's other redistricting appeals, but it is well worth keeping an eye on. B...


Intellectual Property

Oracle Corp.'s attorneys are attempting to persaude a San Francisco federal judge to disqualify a court-appointed expert witne...


Perspective

Generation forward and tomorrow's cars

Nov. 5, 2015
By Jonathan A. Michaels

Cars used to embody society's love of freedom, but that has given way to a generation increasingly indifferent about what cars...


Family, California Courts of Appeal

California family law requires parents to support adult children who cannot support themselves, but fails to provide further g...


Perspective

Until recently, one of the biggest trends in retailing was a shift to supersized shopping venues. Now, that trend has changed ...


Appellate Practice

People, including judges, love stories. Be sure to include a good one in your brief.


Civil Litigation

The 'reasonable value' of medical bills

Nov. 4, 2015
By Craig A. Roeb, Katherine Frank

What happens when a defendant challenges the reasonableness of an uninsured plaintiff's medical bills, which are often based o...


Perspective

Crowdfunding finally finalized, now what?

Nov. 4, 2015
By Kristy Wiehe

On Friday, the SEC issued final rules for securities-based crowdfunding. By Kristy Wiehe ...


Immigration

High court parses mysteries of immigration law

Nov. 4, 2015
By Gabriel J. Chin

The U.S. Supreme Court will hear arguments Tuesday in a criminal case that could have big consequences for immigrants. By Gabr...


Perspective

Inmate emails deserve privacy

Nov. 4, 2015
By Laurie L. Levenson

A law proposed in Congress last week aims to limit federal prosecutors' ability to read inmate emails. By Laurie L. Levenson ...


Insurance

If the U.S. can't produce real gun control legislation after Sandy Hook, it simply isn't going to happen. ...