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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. ...


Intellectual Property

Google Books decision is a logical evolution of the law

Nov. 3, 2015
By Bennett A. Bigman, Ashley R. Yeargan

On Oct .16, the 2nd Circuit ruled that the Google Books project is a permissible "fair use" under U.S. copyright law.


Civil Litigation, Intellectual Property

New copyright rules only a partial win

Nov. 3, 2015
By Dan D. Nabel

I seriously considered creating a Halloweeen costume based on Section 1201 of the Digital Milinium Copyright Act, as it gets s...


Judges and Judiciary

An exception to the rule

Nov. 3, 2015
By Arthur Gilbert

Our perceptions of what is best, or who is best, can change course and direction like a flock of feral parrots, or a school of...


Perspective

Communication is what it's all about

Oct. 31, 2015
By Robert H. Oliver

Over the course of my career, I have observed several common mistakes made by lawyers and judges, and they always revolve arou...


Ethics/Professional Responsibility

When an unhappy client knocks...

Oct. 31, 2015
By Louie H. Castoria

What to do when a client wants you to replace their former counsel. By Louie Castoria ...


Administrative/Regulatory

Cyber threat info-sharing bill advances

Oct. 31, 2015
By Mary Ellen Callahan, Nancy Libin

The Senate has finally passed CISA, but differences between the bill's versions still need to be reconciled.


Perspective

A recent 9th Circuit decision could have unintended consequences when it comes to securities fraud claims. By Charles Elder, C...


Earlier this month, the U.S. Supreme Court heard arguments in a case that could affect how class actions are litigated. By Cla...


Perspective

Even high tech companies with substantial in-house technical expertise may not be dealing with the most common type of cyber v...


Family

California's dependency courts are in crisis due to inadequate funding of child welfare attorneys. By Jill McInerney


It seems hard to argue otherwise. And yet the IRS makes a point of saying that these instructions aren't actually part of the ...


U.S. Supreme Court

Will the court follow Scalia or Holmes?

Oct. 29, 2015
By Eric B. Kingsley

This week, Justice Anton Scalia will surpass Oliver Wendell Holmes as the 15th-longest serving Supreme Court justice in Americ...


Perspective

No court reporter, no chance on appeal

Oct. 29, 2015
By Jens B. Koepke

A recent decision shows not having a court reporter at trial can doom your appeal. By Jens B. Koepke ...


California Neutrals