Last month, the 9th U.S. Circuit Court of Appeals upheld the constitutionality of an ordinance barring religious and charitabl...
U.S. Supreme Court, Constitutional Law, Civil Rights
Wisdom aside, is the Boy Scout ban constitutional?
By Mitchell Keiter
Many have addressed the wisdom of proposed changes to Canon 2C of the Code of Judicial Ethics, but few have addressed its cons...
Letters, Entertainment & Sports
Setting the record straight on Talent Agencies Act litigation
By Bill Hochberg
Edwin McPherson's article titled "TAA Violation for Record Producer Deal" (Aug. 18) discussed a recent decision by the labor c...
In the ordinary criminal case, if an accused's conduct is prohibited by the plain text of a statutory provision, the person is...
In the wake of the 6.0 earthquake that rocked Napa last month, property owners are now facing the financial fallout from the l...
U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
The 10-day waiting period is reasonable
By John J. Donohue III
Rarely will the conservative majority on the Supreme Court issue a decision so objectionable that it draws harsh rebukes from ...
Despite the bravado and confidence that judges and lawyers on occasion display, those who are truly enlightened know that the ...
In legal writing, don't give in to the urge to exclaim. ...
Anyone who has ever mediated a case, as an advocate or as the neutral, looks back at a marathon mediation session with either ...
Ethics/Professional Responsibility
Delay in rules update raises questions
By Ellen A. Pansky
The State Bar is now sending proposed rules of professional conduct up to the state Supreme Court one by one for formal adopti...
Patent protection is important to innovators in biotechnology and pharmaceuticals because it protects their substantial invest...
Intellectual Property, Administrative/Regulatory
Sandoz may bring clarity to biosimilars rules
By Jeffry S. Mann, Stephen Paul Mahinka
Manufacturers of reference products and biosimilars await further guidance from the Federal Circuit as to the metes and bounds...
Intellectual Property, Administrative/Regulatory
Biosimilars and the new road to FDA approval
By Janet M. McNicholas, Tamera M. Weisser
Many fundamental issues concerning the BPCIA remain unresolved, making this regulatory pathway unattractive to some potential ...
Alternative Dispute Resolution
Understand the physics of settlement negotiations
By Robert S. Mann
In mediation, many different factors create "power" and "torque." But it's not always the case that those lead to "work," whic...
Tax
Circuit court clears confusion over tax-sharing agreements
By Stephen J. Turanchik
A new decision is instructive in how to draft tax-sharing agreements that specify each subsidiary's tax liability in a consoli...
The U.S. Supreme Court stayed of the 4th U.S. Circuit Court of Appeals' recent 2-1 decision holding that Virginia's limiting m...
U.S. Supreme Court, Criminal, 9th U.S. Circuit Court of Appeals
Death penalty case heads to oft-overturned 9th Circuit
By Lawrence Waddington
On July 16, Judge Cormac Carney, ignoring the opinions of the U.S. and state Supreme Courts to the contrary, declared the Cali...
Criminal, Constitutional Law
Search and seizure basics, Part 2
By Elia V. Pirozzi
The objective of this article and self-study test is to review the principles and recent case authority concerning the Fourth ...
Sensible call recording litigation
By Edward D. Totino
Recent California court decisions may make it more difficult for plaintiffs to bring lawsuits against businesses that record c...
Labor/Employment
Assistive animals at work: a reasonable accommodation
By Rachael Langston
Assistive animals are capable of helping individuals with a wide range of disabilities, allowing them to more fully access the...
Wine fraud is on the rise. Americans are drinking and collecting more expensive wine than ever, resulting in a flood of count...
Government, Criminal, Civil Rights
When officers wear a 'heavy badge'
By Robert L. Bastian Jr.
One commonality between the police shooting in Ferguson, Missouri and the one in South Central Los Angeles days later is the s...
A new decision by the California labor commissioner is the first in which a manager was determined to have violated the state'...
Inversions are not new. Yet in a short period of time they have undergone a rather startling metamorphosis. ...
Administrative/Regulatory
Data breach déjà vu
By Mary Ellen Callahan, Michael T. Borgia
Data breaches unfortunately have become a fact of life on the Internet, and users will have to change their routines according...
Government, Antitrust & Trade Reg.
Public PLAs: a win-win for labor and management
By Jonathan V. Holtzman
While there is often a political component to using public labor agreements, there is also increasing recognition that they ar...
Real Estate/Development, Government, Administrative/Regulatory
Public partner financing: a capital proposal
By Jake Vollebregt
Cities throughout California are looking for development partners to revitalize downtown districts, create value in suburban n...
Labor/Employment
As the Brinker dust settles, review what we learned
By Richard J. Simmons
Brinker is an iconic decision clarifying the procedural standards of class certification and the substantive law rules ...
Labor/Employment
State Legislature must protect workers from wage theft
By Erwin Chemerinsky, Catherine L. Fisk
The state Legislature needs to enact currently pending legislation to protect low-wage workers from all too-common wage theft....
AB 1014 is common sense regulation, much like existing laws prohibiting the possession of firearms by individuals under domest...