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Law Practice

I am proud to be a part of the civil justice system, and believe the rest of us should be as well. Why? Because it works. ...


Civil Litigation, Intellectual Property

Monkeying around with copyright law

Aug. 12, 2014
By Dan D. Nabel

Wikimedia's first "Transparency Report" details a copyright takedown request from a photographer who claimed ownership of a se...


Alternative Dispute Resolution

Flexible yet focused: surprises in mediation

Aug. 9, 2014
By Jan Frankel Schau

We've all encountered the element of surprise that may distract particpants from the task at hand during mediation. The respon...


Government, Administrative/Regulatory

'Microlocating' shoppers and privacy

Aug. 9, 2014
By Mary Ellen Callahan, Michael T. Borgia

Microlocation could help bridge the information gap between online and brick-and-mortar retailers, but it also raises privacy ...


Labor/Employment

The question of allowing an employee to telecommute becomes substantially more complex if the employee is an individual with a...


Health Care & Hospital Law, Government, Constitutional Law, Administrative/Regulatory

What's at stake in Obama lawsuit?

Aug. 8, 2014
By Makan Delrahim

On July 30, the House of Representatives passed a resolution that authorized the Speaker of the House to sue President Barack ...


Intellectual Property, Administrative/Regulatory

Can FCC help deliver the Dodgers to hometown fans?

Aug. 8, 2014
By John F. Stephens, Jason M. Joyal

Some 70 percent of Los Angeles can't watch the Dodgers because Time Warner Cable-owned SportsNet LA, will not allow other carr...


Transportation

Privileged rides are still common carriers

Aug. 7, 2014
By Brian S. Kabateck, Doug Rochen

Recent changes in the law across the United States seem to have expanded the categorical definition of who is a common carrier...


To most of us, "getting screwed by the IRS" certainly does not mean having sex with an IRS auditor. It also does not mean gett...


Bankruptcy

What's behind the bankruptcy fall off?

Aug. 7, 2014
By Benjamin Nachimson

Bankruptcy filings are down 12 percent this year. While an uptick in bankruptcy filings is unlikely in a healthy economy, two ...


Civil Litigation

Motor carriers subject to state unfair competition law

Aug. 6, 2014
By Craig A. Roeb, Kacey R. Riccomini

Until recently, in the context of motor carriers/transportation law, it was uncertain whether California's Unfair Competition ...


Administrative/Regulatory

Expect more stringent regulations over 'big data' to emerge

Aug. 6, 2014
By Hsiao C. Mao, Jonathan H. Yee

Stricter regulations for Internet data tracking are imminent. The question is simply how sweeping such regulations will be.


Real Estate/Development

Palm Springs Airbnb: a squatter's paradise

Aug. 5, 2014
By Tad A. Devlin, Sheila Pham

Real property and landlord-tenant occupancy issues arising in the home sharing space will require careful legal maneuvering, a...


Immigration

Let's live up to America's promise

Aug. 5, 2014
By Hernan D. Vera, Judith London

Thousands of children fleeing Central America are caught in a legal no-man's land, trapped between the deadly violence in thei...


Judges and Judiciary

Almost the truth

Aug. 5, 2014
By Arthur Gilbert

To repeat what I have often said, we judges and lawyers are storytellers. Every lawsuit, every judicial opinion involves a story.


Law Office Management

Your Own Style

Aug. 2, 2014
By William Domnarski

Even in legal writing, find your own style to create compelling communication. ...


Constitutional Law, Books

The Classical Liberal Constitution

Aug. 2, 2014
By Erwin Chemerinsky

Erwin Chemerinsky is impressed and disturbed by Richard Epstein's The Classic Liberal Constitution. ...


Law Practice, Entertainment & Sports

Summer heat reveals NFL shortcomings

Aug. 1, 2014
By Robert L. Bastian Jr.

Both on and off the playing fields of professional and collegiate athletics, we are reminded once again this summer that there...


Intellectual Property, 9th U.S. Circuit Court of Appeals

Fading blogger-journalist distinction

Jul. 31, 2014
By Andrew J. Thomas

Earlier this year, the 9th Circuit became the first federal appellate court to hold that a blogger enjoyed the same First Amen...


Criminal, Constitutional Law

Death penalty ruling is 50 years late

Jul. 29, 2014
By Sanford Jay Rosen

Judge Cormac Carney has started a process that should have been started by the U.S. Supreme Court in a notorious California ca...


Criminal, Constitutional Law

Search and seizure basics, Part 1

MCLE
Jul. 28, 2014
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 ...


New bill targets Internet extortion

Jul. 29, 2014
By Brian S. Kabateck

Over the past two decades, online speech issues have forced lawmakers and courts to evaluate First Amendment protections in an...


Government, Entertainment & Sports, Administrative/Regulatory

New law tackles brain injuries

Jul. 29, 2014
By Alexander T. Robertson IV

On July 21, Gov. Jerry Brown signed into law Assembly Bill 2127, which aims to tackle the increasing trend of traumatic brain ...


Government, Administrative/Regulatory

Consistent with the Internet's evolution, broadband and edge providers should be able to experiment in how best to use their a...


U.S. Supreme Court, Securities, Corporate

Roberts court isn't all about business

Jul. 26, 2014
By Lauren R. Goldman, Rory Schneider

The decisions issued by the U.S. Supreme Court in its most recent term, which ended June 30, should definitively put to rest t...


Alternative Dispute Resolution

Mediation speed dating: the half-day case

Jul. 26, 2014
By Robert S. Mann

Many of the considerations in speed dating - efficient time use and clearly presenting your position - apply equally to the pr...


Government, Corporate, Administrative/Regulatory

White-collar enforcement's 'compliance effect'

Jul. 24, 2014
By Michael M. Farhang

Recent white collar enforcement activity by the U.S. Department of Justice and other federal agencies has had a salutary effec...


U.S. Supreme Court, Constitutional Law

That's $23.6 billion — with a 'b'

Jul. 24, 2014
By Charles S. Doskow

A lawsuit against R.J. Reynolds recently resulted in an astronomical jury verdict against the tobacco company, but it won't last.


Constitutional Law

Intolerable cruelty and capital punishment

Jul. 23, 2014
By Stephen F. Rohde

Last week's historic ruling by Judge Cormac J. Carney that California's death penalty system is unconstitutional breathed life...


Civil Litigation, California Courts of Appeal

How do you know what the gravamen of a complaint is for purposes of the anti-SLAPP statute? And are a notice of termination an...