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The Supreme Court will consider if a sex offender's move overseas violates the Sex Offender Registration and Notification Act,...


Perspective

No easy answer to law school debt crisis

Nov. 26, 2015
By Stephen C. Ferruolo

There is no question that there is a law school debt crisis, but it can't be solved by pointing fingers and denegrating anyone...


Letters, Judges and Judiciary

Diversity discussion must include the disabled

Nov. 25, 2015
By Peter A. Lynch

The failure to include the disabled in diversity studies provides an incomplete analaysis of law firm practices and perpetuate...


Perspective

Fraud and collusion defenses can be risky

Nov. 25, 2015
By David B. Ezra

Courts generally summarily dispose of fraud and collusion defense when a neutral trial of fact is in play. By David B. Ezra ...


Intellectual Property

When not properly addressed from the outset, a dissolution between manager and artist can lead to a costly legal fight and unc...


Perspective

High court has chance to protect tribal sovereignty

Nov. 25, 2015
By Katherine Florey

Two Supreme Court decisions have made it tremendously difficult for tribes to uphold the law on their land, but in a case bein...


Airbnb, launched in 2008 to connect people with space to those who want to rent it, means renters and landlords galore, which ...


Military Law, Civil Litigation, Law Practice

Litigating with service members

MCLE
Nov. 23, 2015
By Mark E. Sullivan

Courts from time to time encounter parties to a lawsuit who are on active duty in the armed forces.


Intellectual Property

Are electronic transmissions 'articles'?

Nov. 24, 2015
By G. Brian Busey

Thanks to 3-D printing and other innovations, electronic data is a growing problem for owners of patents covering material goo...


U.S. Court of Appeals for the 9th Circuit

While the 9th Circuit's Alaska Wilderness League seems like a potential blockbuster, involving the oil industry and maj...


Labor/Employment

Three cases at the 9th Circuit examine whether federal labor law protects the right of employees to pursue class actions for w...


Perspective

A litigator in the jury box

Nov. 21, 2015
By David G. Arthur

Although the prospect of jury service was daunting, it was the most rewarding and educational month I've spent as an attorney....


Perspective

On your marks, get set, mediate!

Nov. 21, 2015
By Louis M. Marlin

To be successful, a mediation should start long before the formal gathering of the parties. By Louis M. Marlin ...


Civil Litigation, Intellectual Property, Entertainment & Sports

When is a car more than a car, Batman?

Nov. 21, 2015
By Stephen M. Doniger

If Bruce Wayne tried to buy a replica Batmobile, he might just hear the SLAP! of a lawsuit for copyright infringment.


Perspective

In recent years, California employers have faced on onslaught of PAGA lawsuits alleging technical violations of the California...


Perspective

The smartest thing I never said

Nov. 20, 2015
By Michael P. Masuda

Attorneys talk too much. Some will consider this heresy, but we all know it's true. By Michael P. Masuda ...


Antitrust & Trade Reg.

Antitrust balancing is art, not a science

Nov. 20, 2015
By Herbert Hovenkamp

Judges often describe the process of evaluating potentially harmful and potentially beneficial factors in antitrust litigation...


Mergers & Acquisitions, Law Practice, Law Office Management, Ethics/Professional Responsibility

The biggest mistakes in law firm mergers

Nov. 20, 2015
By J. Randolph Evans, Shari L. Klevens

There is no end in sight to the law firm mergers that continue to dominate the news of the legal industry. ...


Criminal, 9th U.S. Circuit Court of Appeals

Death penalty appeals system can and should change

Nov. 19, 2015
By Lawrence Waddington

Several troubling issues arose recently when a 9th Circuit panel reversed a district court decision invalidating the Californi...


Intellectual Property

How copyright today has lost its way

Nov. 19, 2015
By Margo J. Arnold

The Copyright Act was designed to promote artistic expression, but it now often inhabits creativity by discouraging artists fr...


U.S. Supreme Court

Was Marshall wrong about standing?

Nov. 19, 2015
By Michael E. Wall

The Supreme Court is considering whether our second chief justice was mistaken when he said "where there is a legal right, the...


Constitutional Law

The high court declared an Armed Career Criminal Act provision unconstitutional on vagueness grounds.


Construction

There are 100 projects underway in downtown Los Angeles, and they are all monumental. By Alan Nevin ...


Civil Litigation

What do you do when the determination of a legal issue could help resolve your case but won't entirely dispose of the case or ...


Beware 'taking the Fifth' on your returns

Nov. 18, 2015
By Robert W. Wood

It is never good to have a legal argument called 'frivolous.' This is even truer when it comes to taxes. ...


U.S. Court of Appeals for the 9th Circuit

The law sheep grazers love to hate

Nov. 18, 2015
By Stephen R. Miller

Over the past several decades in Idaho, a power alliance between government and business has formed with only one outlier — th...


U.S. Supreme Court, Constitutional Law, Civil Rights

Kennedy's marriage opinion points the way forward

Nov. 18, 2015
By Laurence H. Tribe

The Obergefell opinion is the culmination of a decades-long project to enshrine the notion of dignity into the very cor...


Perspective

When the FTC botches a deal review

Nov. 17, 2015
By Antonio R. Sarabia II

If Democrats and Republicans can agree on anything, it's that we don't want government interference in the consumer market, as...


A recent Delaware case dealt with whether a disinterested, controlling stockholder's ratification of a board action can lower ...


Perspective

You can't fire me, I'm on FMLA!

Nov. 14, 2015
By Luis Cardenas

The answer to whether an employee can be fired while on FMLA is familiar to employment attorneys: maybe. By Luis Cardenas ...