U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
Public carry and the 2nd Amendment
By Lawrence Rosenthal
Likely the most critical issue to be decided in Heller's wake is whether the Second Amendment secures a right to carry firearm...
Law Practice
You've won the case, your client will recover, so now what?
By Robert W. Wood
Everyone wants to win, but lawyers may not consider all the ramifications to the client. ...
You remember Berman v. Parker, right? Well guess how that turned out. ...
I regret to inform the California legal community what has happened at the State Bar. ...
Failing to ask for the right jury instruction may well land you a finding of ineffective assistance of counsel, as one recent ...
U.S. Supreme Court, Intellectual Property
The death of Internet patents
By Ben M. Davidson
Should patents be used to monopolize abstract ideas of doing business on the Internet using conventional programming technique...
U.S. Supreme Court, Constitutional Law
It all depends on whose privacy it is
By Rebecca L. Brown
The U.S. Supreme Court recently agreed to hear City of Los Angeles v. Patel, a case which may provide the court an opportunity...
Whatever your religion and however you view physician-assisted dying with dignity, the case of Brittany Maynard was a painfull...
Civil Litigation, 9th U.S. Circuit Court of Appeals
States can't obtain double recovery in class settlements
By Julia B. Strickland, David W. Moon
The 9th Circuit recently decided that public officials cannot obtain a duplicate recovery in the form of restitution to indivi...
Government, Administrative/Regulatory
Don't tread on the Internet
By Bennett L. Ross, Brett Shumate
If the FCC subjects broadband services to the same regulations that apply to traditional telephone services, the results will ...
Far too much of what goes on in the U.S. Supreme Court is done in secret and without any explanation from the justices ...
A recent report by The Guardian has brought into focus corrupt labor brokers in the United States who have been abusing the vi...
Administrative/Regulatory
Data security has a new sheriff in town
By Mary Ellen Callahan, Samuel L. Feder
In October, the FCC issued a notice of apparent liability finding that telephone carriers had violated the Communications Act ...
U.S. Supreme Court, Appellate Practice
Improvidently granted cases and the rise of the amicus brief
By M.C. Sungaila
Whether the court will dismiss a recent CAFA case reflects the intersection of two trends: the increasing influence of amicus ...
Ethics/Professional Responsibility
Attorneys can SLAPP down some suits
By Alison Buchanan
Almost since its inception, the anti-SLAPP statute has served as a valuable tool for lawyer defendants sued by litigants regar...
Books, Alternative Dispute Resolution
Susskind on winning win-win negotiations
By Jan Frankel Schau
It was with great eagerness that I dove into Lawrence Susskind's new book, "Good for You, Great for Me: Finding the Trading Zo...
One of the recurring mysteries of federal drug law is why marijuana is classified alongside heroin in the most serious categor...
Government, Environmental & Energy, Administrative/Regulatory
Latest fracking bans just the beginning
By Richard M. Frank
California voters sent mixed messages at the ballot box last week regarding one of the state's most controversial environmenta...
Few if any states regulate the conduct of their citizens and businesses more comprehensively than California. But can Californ...
Insurance
Insurance risks of easy medicine and doctorless doctoring
By Tad A. Devlin, Sheila Pham
Entrepreneurs and health care providers have expanded telemedicine and created platforms for on-demand health care services av...
I'm curious about things. That curiosity fuels me and provides perpetual forward motion.
Harsh contractual indemnity and hold harmless clauses, historically confined to sophisticated commercial contracts negotiated ...
Allowing the government to collect first and sort out second would mean that the government could record every phone call and ...
Securities, Antitrust & Trade Reg., Administrative/Regulatory
SEC increases enforcement activity in 2014
By Thomas A. Zaccaro, Eleanor K. Mercado
The SEC recently announced that it filed a record 755 enforcement actions in fiscal year 2014. ...
Environmental & Energy
Counties jumped the gun on fracking bans
By Jeffrey Dintzer, Nathaniel Johnson
Even though neither county is home to existing fracking operations, the prohibitions arrive at a particularly inopportune time...
Government, Administrative/Regulatory
What to expect from Republican-controlled Senate
By Makan Delrahim
Now that Republicans have 54 seats in the Senate (failing in Virginia), what should Americans - many of whom with little inter...
Administrative/Regulatory
Once more into the breach (report)
By Mary Ellen Callahan, Michael T. Borgia
Last week, California Attorney General published her second annual Data Breach Report quantifying many issues about the securi...
International Law
Despite progress, challenges remain in fight to end FGM
By Julie L. Kessler
Last month I was in East Africa doing research. It was, in ways both expected and not, the journey of a lifetime. ...
Law Practice, State Bar & Bar Associations
When the state tells professionals what they can say
By Claudia E. Haupt
The state can regulate professions in many ways, but when state regulation and professional insights clash, we see the tension...