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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...


It's 2015, and it's almost tax time for 2014 returns. Oh boy. ...


Environmental & Energy

Prairie dogs vs. Congress

Jan. 13, 2015
By Joshua A. Bloom, David M. Metres

A recent ruling by a Utah federal judge, although directed at the Endangered Species Act, may have far-reaching implications o...


Criminal

Addressing childhood trauma in the justice system

Jan. 10, 2015
By Winston A. Peters

As a young public defender, I investigated the allegations against my client, gathered facts, studied the law and worked to en...


Constitutional Law

The murderous cost of free speech

Jan. 10, 2015
By Julie L. Kessler

January has gotten off to a terrible start. Almost every day since the new year, the news has delivered terror, murder and may...


Intellectual Property

Patent trolls and preemption

Jan. 10, 2015
By Paul Gugliuzza

Imagine your surprise if, in today's mail, you received a letter saying it's illegal for you to use your office scanner. Or to...


Transportation

Uber's classification has consequences

Jan. 8, 2015
By Jonathan A. Michaels

Unlike the heavily regulated taxi industry, Uber skirts onerous regulatory requirements by insisting it is a technology compan...


U.S. Supreme Court, Criminal, Constitutional Law

People with disabilities, like other minorities, are subjects of prejudice, stigma and misunderstanding, and this manifests in...


Labor/Employment

AB 1443: Unpaid Interns

Jan. 7, 2015
By Olivia Goodkin

The California Fair Employment and Housing Act (FEHA) prohibits harassment, retaliation and discrimination against persons bas...


Government, Education Law, Criminal

SB 967: Only 'yes means yes' in California schools

Jan. 7, 2015
By Christine Helwick

California has become the first state in the nation to enact a "yes means yes" standard in university disciplinary hearings in...


Real Estate/Development, Government, Administrative/Regulatory

SB 628: Infrastructure financing district redux

Jan. 7, 2015
By Amy E. Freilich

Senate Bill 628 creates "enhanced" infrastructure financing districts and is a first step in financing local government develo...


Environmental & Energy

SB 270: First state to ban plastic grocery bags

Jan. 7, 2015
By Jeffrey Dintzer

On Sept. 30, 2014, California became the first state to ban plastic grocery bags. ...


SB 1027: Protections against mugshot extortion

Jan. 7, 2015
By Brian S. Kabateck

Californians no longer face the humiliation of having their mugshot posted on the Internet without permission and then sufferi...


Chemical flame retardants used on upholstered furniture to impede the spread of fires in homes came under attack over the past...


California's Bane Act provides that when an individual's rights are interfered with by threats, intimidation or coercion, he o...


Labor/Employment, Corporate

AB 2053: Anti-bullying training becomes reality

Jan. 7, 2015
By Jennifer Rubin

As of Jan. 1, 2015, employers of 50 in California or more are subject to a new "anti-bullying" training requirement. ...