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?
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?
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...
VIDEO: 'Lack of prior substantiation' theory no good in consumer product class actions
By Amy P. Lally
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
By Curtis E.A. Karnow
Earn credit learning about common issues in business litigation, such as piercing the veil, sealing records and respondeat sup...
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
Time to ax employee/independent contractor dichotomy?
By Peter Hering
It may be time to scrap the centuries-old independent contract versus employee dichotomy and recognize intermediate categories...
Family, California Supreme Court
Community property and the legend of 'separated' spouses
By Claudia Ribet
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
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
Do defendant employers withhold taxes on settlements?
By Robert W. Wood
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
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
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
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
Breyer's subjective, personal opposition to the death penalty
By Lawrence Waddington
Justice Breyer ignores the necessity of precedent or reference to the Constitution. ...
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
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...
Because of a limitation upon or a complete lack of employment coverage in many policies, some insurers offer liability insuran...
A recent case can assist in explaining to a client why the business may have value despite the possibility of having no future...
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
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
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
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?
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
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...
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
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
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
Rare reversal of family law judge provides a lesson
By Claudia Ribet
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
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
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...