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Insurance

The top insurance decisions of 2015

Dec. 29, 2015
By Kirk A. Pasich

This year, California courts issued a number of interesting, and sometimes provocative, decisions on insurance-related issues....


Perspective

Perception of fairness is key in mediation

Dec. 25, 2015
By Jamie A. Jacobs-May

Procedural fairness is not a panacea that guarantees a case will settle, but it can allow participants to find that overlappin...


Intellectual Property

Think twice before jumping into AIA review

Dec. 25, 2015
By Bryan A. Kohm

Given their success rates, relative low cost, and willingness of district courts to stay infringement claims, AIA reviews have...


Administrative/Regulatory

Children's data breach reveals challenges

Dec. 25, 2015
By Tyler G. Newby

The recent data breach involving the personal information of millions of children and their parents from VTech Holdings, Inc h...


Labor/Employment

Employment bills to know about from 2015

Dec. 25, 2015
By Arthur F. Silbergeld, Jennifer A. Awrey

With a new year comes new California laws for employers to learn and understand, and 2016 is no exception. ...


Tax

A new law allows a wrongfully incarcerated individual a to exclude from his taxes the civil damages, restitution, or other mon...


U.S. Supreme Court, Labor/Employment

Review this year's major employment cases

Dec. 24, 2015
By Juan Araneda, Jason A. Geller

2015 saw several notable decisions impacting employment law. ...


Civil Litigation, California Courts of Appeal

Coach's defamation case slips past anti-SLAPP defense

Dec. 24, 2015
By Joel McCabe Smith

In McNair v. NCAA, the 2nd District Court of Appeal was asked whether former USC assistant football coach Todd McNair h...


Perspective

When a corporation agrees to plead guilty to an antitrust crime, the DOJ's long-standing practice has been to enter into a ple...


Environmental & Energy

In June, the Army Corps of Engineers and the Environmental Protection Agency issued a new rule defining those "waters of the U...


Transportation

Attack of the drone: The feds strike back

Dec. 23, 2015
By Terri Highsmith

Small unmanned aerial vehicles, aka drones, are one of the hottest gifts of this holiday season, with the FAA estimating that ...


Health Care & Hospital Law, Constitutional Law

Round four for the ACA focuses on contraception

Dec. 23, 2015
By Jill E. Adams

Could filling out a form be both sinful and unconstitutional? We will find out this spring when the U.S. Supreme Court decides...


Law Practice, Judges and Judiciary, Criminal

Instructing on lesser crimes and unanimity

MCLE
Dec. 21, 2015
By Henry J. Hall

The objective of this article and self-study test is to review special issues that often arise concerning the application of j...


Civil Litigation

Privilege problems in paradise

Dec. 22, 2015
By Michael R. Sohigian

The "privilege log" emerged like a mythical beast from the mists of "best practices" and the smoke rising from angry meet and ...


Perspective

In 2001, the state of California set out the definition of a paralegal, in order to address the large number of people who wer...


Appellate Practice

The final word: civil law at the high court

Dec. 22, 2015
By Joseph M. Lipner

Recent opinions demonstrate the court's role in reconciling California law with developments in federal law; in each case, the...


Litigation

Asbestos trusts need more transparency

Dec. 19, 2015
By Kim Stone

California and federal legislators will soon have the opportunity to vote on an issue of fundamental fairness to current and f...


U.S. Supreme Court, California Supreme Court, Alternative Dispute Resolution

The most notable decisions concerning arbitration in 2015

Dec. 19, 2015
By David W. Moreshead, Felix Shafir

The law surrounding the enforceability of arbitration agreements continued to develop in 2015, and 2016 promises to provide ma...


Alternative Dispute Resolution

In mediation, be willing to suspend disbelief

Dec. 19, 2015
By Robert S. Mann

I often wonder what would happen to the mediation process if more lawyers and parties were willing to suspend their disbelief ...


Reserving jurisdiction over temporary spousal support deserves a place in the family law toolbox, but it's no fix-all and shou...


On Tuesday, the LA Unified School District made the unprecedented decision to close over 1,000 schools, impacting some 640,000...


Mergers & Acquisitions, Corporate

Fake shipments test acquisition agreement

Dec. 18, 2015
By Marc Boiron

A recent Delaware case provides practical guidance on the effects of a disclaimer of reliance provision in a stock purchase ag...


U.S. Supreme Court, Government

At its conference Friday, the justices will consider whether to hear a case challenging the ordinance, which requires builders...


Appellate Practice

Review influential appellate decisions from this year

Dec. 18, 2015
By Jessica M. Di Palma

The Supreme Court's 80 published decisions this year provide an initial indication of the impact the newest justices, Mariano-...


Environmental

Paris talks: don't break out the bubbly yet

Dec. 18, 2015
By Deepa Badrinarayana

The consensus at the recent climate meeting in Paris bodes well for addressing climate change, but is it adequate? By Deepa Ba...


Insurance, Ethics/Professional Responsibility

Don't become another legal malpractice statistic

Dec. 18, 2015
By J. Randolph Evans, Shari L. Klevens

Law practices hired by insurance companies to defend insured are no longer largely immune from malpractice claims, but panel c...


Bankruptcy

Major creditor holds out in Stockton bankruptcy case

Dec. 17, 2015
By David S. Kupetz, Asa Hami

In the Chapter 9 municipal bankruptcy case of the city of Stockton, Franklin Funds was the only major creditor group that did ...


Perspective

Employers should heed new wage theft law

Dec. 17, 2015
By Chris Micheli

SB 588, which takes effect next month, will provide the California labor commissioner with substantial new powers to combat wa...


Perspective

The Federal Rules of Civil Procedure were updated Dec. 1, modifying the standard for pleading direct patent infringement. Name...


Perspective

The real, human stories we hear from refugees families fleeing war and persecution have no connection to the fear-driven, anti...