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U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court

'It's alive!'... But what is it?

Apr. 22, 2015
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

Apr. 21, 2015
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

Apr. 21, 2015
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...


Civil Litigation

The perils of blogging

Apr. 18, 2015
By Marc D. Alexander

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

Apr. 17, 2015
By Makan Delrahim

With the support of the Obama administration, legislative solutions that have been proposed would give additional tools to the...


Insurance

New source for policy interpretation

Apr. 17, 2015
By Rex Heeseman

State Courts of Appeal and even the state Supreme Court itself in various opinions are inconsistent in their approach to polic...


Government

What would Honest Abe do?

Apr. 16, 2015
By Michael L. Stern

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?

Apr. 15, 2015
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

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

Apr. 15, 2015
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

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

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

Apr. 11, 2015
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

Apr. 11, 2015
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

Apr. 10, 2015
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

Apr. 9, 2015
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

Apr. 8, 2015
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...


Law Practice

Wired for price discrimination

Apr. 7, 2015
By Irina D. Manta, David S. Olson

The Internet of Things will provide manufacturers the opportunity to sell their products in a more personalized way.


Judges and Judiciary

Bullish on certainty

Apr. 7, 2015
By Arthur Gilbert

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?

Apr. 4, 2015
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

Apr. 4, 2015
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

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

Apr. 2, 2015
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...


Intellectual Property

This gTLD .sucks

Apr. 2, 2015
By Jocelyn M. Belloni, Sharoni S. Finkelstein

As of Monday, trademark owners who have met certain requirements can register .sucks domain names consisting of their trademar...


Expert Advice

The Perils of Filing Jointly

Apr. 2, 2015
By Robert W. Wood

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...



Good listening skills can be more valuable than good talking skills -- even for lawyers.


A young attorney reconciles a bitter time from childhood.