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Labor/Employment

Protect the value of human assets

Feb. 5, 2015
By John S. Claassen

The sustained automation of low- and middle-income wage jobs has given rise to a tension between the regulation of employment ...


Civil Litigation, Letters

Opposing a motion to compel arbitration

Feb. 4, 2015
By Joshua H. Haffner

I write in response to the article by the Judge William F. Highberger concerning arbitration. ...


Health Care & Hospital Law, Administrative/Regulatory

In 2000, the Centers for Disease Control announced the eradication of measles. But a decade later and a half later, measles ca...


Judges and Judiciary

Your sentence: public shame

Feb. 3, 2015
By Arthur Gilbert

I despise the aphorism, "There is more than one way to skin a cat," but it is my opening to discuss the au courant practice of...


The criminal defense attorney best known for his work on behalf of the notorious.


Law Office Management

Embrace Parentheticals

Feb. 2, 2015
By William Domnarski

Concise arguments may be made using the (oft-ignored) parenthetical. ...


Alarming self-inflicted mootness ruling

Jan. 31, 2015
By Amy P. Lally

A recent decision represents a minority approach to a common pleading defect but, should this approach become common practice,...


Government, Contracts

New laws change landscape for public projects

Jan. 31, 2015
By Michael J. Maurer

The expansion of the law shows a continued legislative policy to close any loops that may have enabled construction to proceed...


Buyer's remorse breeds buyer's recourse

Jan. 31, 2015
By Louie H. Castoria

Having consented to a settlement, a settling party who later develops buyer's remorse cannot simply back out of the agreement....


Civil Litigation

Vacating judgments when service fails

Jan. 31, 2015
By Daniel Brenner

When can a default judgment be vacated for claimed lack of service of the summons and complaint? By Daniel Brenner ...


These days, being a partner in a law firm may not mean what it used to mean. Specifically, in law firms, at least, being named...


Civil Litigation, Appellate Practice

Since at least the 1940s, companies have monitored telephone calls between their customers and customer-service employees. So ...


U.S. Supreme Court, Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals

The constant judicial struggle to resolve individual freedom and public safety continues endlessly in state and federal courts...


Mergers & Acquisitions

Private equity PIPE dreams in 2014

Jan. 28, 2015
By Jason Freedman, Eric Issadore

While 2014 started off with a bang for private equity, deal activity slowed after the first quarter as investors got spooked b...


Government, Administrative/Regulatory

Net neutrality's parallels to rock 'n' roll

Jan. 27, 2015
By Pantelis Michalopoulos

Net neutrality is to the millennial online community what rock 'n' roll was to the young in the 1960s: it has changed the worl...


Civil Litigation, Alternative Dispute Resolution

Compelling arbitration: a decision tree

MCLE
Jan. 26, 2015
By William F. Highberger

Because courts must enforce arbitration agreements, with or without express class action waivers, in an almost infinite variet...


Law Practice, Ethics/Professional Responsibility

Lawyers as litigants in 2014, Part 2

Jan. 24, 2015
By Kenneth C. Feldman, Alex A. Graft

In the second of a two-part series on notable appellate cases from 2014 affecting lawyers, we look at the statute of limitatio...


Civil Litigation

In a rare split decision by the 4th District Court of Appeal, Division 3, the court delved into an area of civil procedure tha...


U.S. Supreme Court, Intellectual Property

More deference, more evidence

Jan. 24, 2015
By Alex Moss

Despite the attention paid to the U.S. Supreme Court's recent decision in Teva v. Sandoz, there's an argument that it w...


Insurance, California Courts of Appeal

In 2014, California courts once again issued several significant decisions on insurance-related issues. Three stand out for re...


Law Practice, Ethics/Professional Responsibility

Lawyers as litigants in 2014, Part 1

Jan. 23, 2015
By Kenneth C. Feldman, Alex A. Graft

2014 saw lawyers as litigants in several appellate cases with far-reaching implications. By Kenneth C. Feldman and Alex A. Gra...


Civil Rights

Mosk on Mosk and civil rights in California

Jan. 22, 2015
By Richard Mosk

After a long and sordid history of racial discrimination in the state, California emerged as a leader in state and judicial ac...


Insurance, California Courts of Appeal

On Jan. 12, the 2nd District Court of Appeal addressed a "first impression case." While the facts were related to medical mal...


U.S. Supreme Court, Intellectual Property

On Jan. 9, the U.S. Supreme Court invited the views of the solicitor general on whether to hear the Oracle v. Google copyright...


Appellate Practice

The high cost civil appeal problem

Jan. 16, 2015
By Paul S. Berger

While convicted Californians are guaranteed assistance of counsel in an appeal, a civil litigant must fend for him or herself ...


Criminal, California Supreme Court

Is it winter in Paris for free speech?

Jan. 15, 2015
By Mitchell Keiter

Although we causally use words like "cause" and "provoke" in everyday conversation, their precise criminal law meanings can of...


Native Americans

'Rent-a-tribe' arrangements under fire

Jan. 15, 2015
By Jeremy K. Robinson

Tribal sovereign immunity has confounded and frustrated many a lawyer and jurist. It has gotten so bad that in one case, four ...


Civil Litigation, Intellectual Property

Laches in patent disputes in doubt

Jan. 15, 2015
By Craig E. Countryman

The U.S. Court of Appeals for the Federal Circuit will decide whether laches will remain a defense to patent infringement, and...


Ethics/Professional Responsibility, State Bar & Bar Associations

Countdown 2015 for the California State Bar

Jan. 14, 2015
By Teresa J. Schmid

Even in the best of times, the Board of Trustees of the State Bar faces a yeoman's task in complying with statutorily mandated...


U.S. Supreme Court, Constitutional Law

The future of federal courts

Jan. 14, 2015
By Erwin Chemerinsky

The case that may be of greatest significance to litigation in the federal courts on the U.S. Supreme Court's January 2015 arg...