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Criminal

Mass shootings, America's new normal

Jul. 30, 2015
By Julie L. Kessler

Wherever you fall on the gun control issue, no remotely rational person can deny that we've had an extremely bad run of late. ...


Civil Litigation, Constitutional Law

Hacked class can sue, pre injury?

Jul. 30, 2015
By Tyler G. Newby

Last week, a court said individuals whose credit card numbers were stolen by cyberthieves have standing to sue, even though th...


Securities

Securities Act cases are surging ... in state courts?

Jul. 29, 2015
By Francis P. McConville, Michael W. Stocker

For years, state courts have languished as a jurisdiction for claims under the Securities Act of 1933, but unexpected developm...


The 9th Circuit recently heard argument in a case accusing a supplement maker of falsely advertising its beverage product as c...


Civil Litigation, Judges and Judiciary

Basic issues in business litigation

MCLE
Jul. 27, 2015
By Curtis E.A. Karnow

Earn credit learning about common issues in business litigation, such as piercing the veil, sealing records and respondeat sup...


Civil Rights, Appellate Practice

One bite of the apple

Jul. 28, 2015
By Alana H. Rotter

Are attorneys entitled to a do-over if the court denies their first request for relief from a default? The state high court re...


Labor/Employment

It may be time to scrap the centuries-old independent contract versus employee dichotomy and recognize intermediate categories...


Family, California Supreme Court

On Monday, the California Supreme Court clarified once and for all whether a couple may be "living separate and apart" while t...


U.S. Supreme Court, Criminal, Constitutional Law

Opinion piece takes cheap shot at new justices

Jul. 22, 2015
By David S. Ettinger

An op-ed piece last week expresses his displeasure with U.S. Supreme Court Justice Stephen Breyer's recent dissent that questi...


Labor/Employment

Most employment cases - whether wage and hour, discrimination, wrongful termination, etc. - produce taxable damages. But are t...


Government, Criminal

Bill revises law against 'transporting' pot

Jul. 18, 2015
By Allison B. Margolin, James Raza Lawrence

This week, California revised a law that had allowed citizens to be convicted of felonies for transporting personal-use amount...


Law Practice, Judges and Judiciary

Moral clarity infected by age

Jul. 18, 2015
By Robert L. Bastian Jr.

If the moral clarity of "To Kill a Mockingbird" is slightly too perfect, narrated as it is through a child's eyes, then "Go Se...


Real Estate/Development, Appellate Practice, Administrative/Regulatory

Rare rulings on state rent control law

Jul. 17, 2015
By Edward A. Klein

Two recent Court of Appeal decisions are rare rulings addressing California's Costa-Hawkins Rental Housing Act. ...


U.S. Supreme Court, Criminal, Constitutional Law

Justice Breyer ignores the necessity of precedent or reference to the Constitution. ...


Tax

Big loss for marijuana in ruling on taxes

Jul. 16, 2015
By Robert W. Wood

Should marijuana businesses pay tax on gross profits or net profits? The 9th Circuit grappled with the question last week. ...


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

The education of Judge Rakoff

Jul. 16, 2015
By David C. Anderson, Timothy P. Crudo, Rees F. Morgan

S.D.N.Y. Judge Jed Rakoff recently authored an opinion in a 9th Circuit insider trading case. It's the latest by the influenti...


Insurance

Because of a limitation upon or a complete lack of employment coverage in many policies, some insurers offer liability insuran...


Family

How to value a small business when getting a divorce

Jul. 15, 2015
By Marlo Van Oorschot

A recent case can assist in explaining to a client why the business may have value despite the possibility of having no future...


Antitrust & Trade Reg.

We need an antitrust counterrevolution

Jul. 15, 2015
By Carl T. Bogus

Until relatively recently, there were a rich diversity of major book publishers in the U.S. Now Amazon sells almost 40 percent...


U.S. Supreme Court, Constitutional Law

Judicial activism! But only if we lose

Jul. 15, 2015
By Erwin Chemerinsky

Contrary to Chief Justice John Robert's dissent in the recent same-sex marriage ruling, the decision was based on the Constitu...


Entertainment & Sports

Studios keep tight grip on talent pay

Jul. 14, 2015
By Neville L. Johnson, Douglas L. Johnson

When it comes to contigent compensation deals, studios sometimes make it difficult for talent to get their money. ...


International Law

Proposed EU data regulations will impact California

Jul. 14, 2015
By William R.M. Long

Lawmakers in Europe are finalizing a new European Union law known as the EU Data Protection Regulation. By William R.M. Long a...


Civil Litigation, Environmental & Energy

Coal's high court victory a Pyrrhic one?

Jul. 14, 2015
By Kevin Poloncarz

Last month, the U.S. Supreme Court ruled against the EPA in a case about carbon dioxide emissions. But was it really a victory...


Intellectual Property

Some courts conflate copyright terms

Jul. 14, 2015
By Stephen M. Doniger, Scott Alan Burroughs

The import of a copyright registration has been elevated to a level exceeding its intended function, and cases demonstrate how...


Criminal

Criminal Law 2.0

Jul. 14, 2015
By Alex Kozinski

2014 saw a record number of exonerations. While there are many factors leading to false convictions, a few simple reforms to t...


Alternative Dispute Resolution

Unofficial mediator identity revealed

Jul. 11, 2015
By Robert S. Mann

You have selected a highly qualified mediator and set the date. Now, you can write your mediation brief, settle back and wait ...


Real Estate/Development, Government, Administrative/Regulatory

New SF rent ordinance needs work

Jul. 11, 2015
By Daniel J. O'Connell

San Francisco's new "buyout" law is flawed even from a tenant-perspective, and may be held unconstitutional. ...


Family, California Courts of Appeal

This case is the next chapter in the saga to determine what must be demonstrated (and by which party) to justify a so-called '...


Civil Litigation, Appellate Practice

Treading on out-of-state conduct

Jul. 10, 2015
By Donald M. Falk

Recent cases consider some of the vexing question that arise when California tries to project its regulatory power beyond stat...


Disparate impact victory, but not complete

Jul. 9, 2015
By Ralph W. Kasarda

A recent Supreme Court ruling can be viewed as a victory - but not a complete victory - for those who champion disparate impac...