U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court
'It's alive!'... But what is it?
By Brian M. Hoffstadt
The California courts and the voters have together given life to the California Constitution in a way that has spawned a few c...
Letters, Criminal, Constitutional Law
To those determined to disarm law abiding citizens
By Larry D. Mikelson
I was again amazed at the lack of intellectual integrity demonstrated by those determined to disarm law abiding citizens. ...
U.S. Supreme Court, Intellectual Property
Patent damages adrift from law
By Craig E. Countryman
Recent decisions revising the standard for obtaining attorney fees in patent cases have cast doubt on the Federal Circuit's st...
Professor Shaun Martin of the University of San Diego maintains a law blog, and a Court of Appeal recently cleared him of a de...
Entertainment & Sports, Administrative/Regulatory
Curtailing piracy of live sports broadcasts
By Makan Delrahim
With the support of the Obama administration, legislative solutions that have been proposed would give additional tools to the...
State Courts of Appeal and even the state Supreme Court itself in various opinions are inconsistent in their approach to polic...
One of the most significant turning points in American history occurred 150 years ago today on April 15, 1865: the assassinati...
Family, California Courts of Appeal
Must courts follow a child's wishes?
By Claudia Ribet
A recent Court of Appeal decision provides guidance on what courts may consider in deciding custody cases. By Claudia Ribet ...
Intellectual Property
How the DMCA's online copyright safe harbor failed
By Eric Goldman
Years of relentless litigation by the copyright industry has created a number of cracks in the Digital Millennium Copyright Ac...
U.S. Supreme Court, Constitutional Law
Bearing arms in the 9th Circuit
By Erwin Chemerinsky
Through several recent and pending cases, the 9th Circuit has the chance to play a key leadership role in the development of t...
Letters, Judges and Judiciary
In defense of Judge Marc Kelly
Those who attacked judicial independence attacked the foundation of our freedoms. By the founding and current board of the Ora...
U.S. Supreme Court, Criminal
A quietly significant decision on sex offender monitoring
By Michael J. Raphael
The U.S. Supreme Court's five-page opinion in a recent case may spawn further litigation that will command great public attent...
Alternative Dispute Resolution
In mediation, the dilemma is in the details
By Robert S. Mann
Contrary to what many lawyers believe, most mediators, and I'm among them, look forward to receiving mediation briefs and gene...
Law Practice, Ethics/Professional Responsibility
Pro per problems
By Kenneth C. Feldman
I used to think malpractice cases filed in pro per were an aberration. But something has changed. By Kenneth C. Feldman ...
Receipts, records, and class actions
By Amy P. Lally
A case before the 9th Circuit could be the death knell for small-dollar consumer class actions. ...
U.S. Supreme Court, Labor/Employment, California Supreme Court
Once more unto the Federal Arbitration Act
By Steven B. Katz
In 2014, the state high court began losing its will to maneuver over the terrain of FAA jurisprudence with the U.S. high court...
Securities, Administrative/Regulatory
First-of- its-kind action by the SEC
By Thomas A. Zaccaro, Nicolas Morgan
The SEC just announced a settlement in an action that sets an alarming precedent for companies seeking to maintain the confide...
The Internet of Things will provide manufacturers the opportunity to sell their products in a more personalized way.
A few apparent facts can be deceptive, and lead us to unwarranted conclusions. With this in mind, courts can establish precede...
U.S. Supreme Court, Civil Litigation
Preventing US claims by suing abroad?
By L. Rachel Lerman, Peter Morris
In cases involving private international law, U.S. courts should apply U.S. res judicata law.
Ethics/Professional Responsibility
Privilege when firms advise themselves
By Gay C. Grunfeld
A recent Court of Appeal decision, on whether the attorney-clienty privilege applies when lawyers speak with their firm's "in-...
Appellate Practice
Should you use footnotes in briefs? Sure, but take it easy
By Myron Moskovitz
Lawyers often think they are adding useful information, but they don't realize that they are also subtracting from what counts...
California Courts of Appeal
Muddied waters on unconscionable arbitration agreements
By Timothy D. Reuben, Michael Hirota
A recent case creates confusion as to when a court will sever a provision that is clearly unconscionable versus finding the en...
As of Monday, trademark owners who have met certain requirements can register .sucks domain names consisting of their trademar...
Just because a married couple can file jointly doesn't mean they should. ...
Health care, consumer goods, and tech are behind some of the state's highest-value deals.
A former assistant U.S. Attorney adds fuel to claims that federal prosecutors engaged in a fraud on the court to win fire-reco...
California Lawyer Archives - Expert Advice: Listen More, Talk Less
By Sachin D. Adarkar
Good listening skills can be more valuable than good talking skills -- even for lawyers.
Civil Litigation, Immigration
A young attorney reconciles a bitter time from childhood.