U.S. Supreme Court, Criminal
Aiding and abetting ruling destined for case books
By Michael J. Raphael
The U.S. high court recently issued an opinion explicating the elements of a federal aiding and abetting charge, providing the...
A proposed ordinance in L.A., if drafted and adopted as currently approved, will have devastating effects on oil and gas produ...
Facts matter in rideshare cases
By Robert W. Wood
In many cities, if you have a smartphone, you can summon a car in minutes via Uber, Sidecar or Lyft. But because these drivers...
Steven Dale Green was a soldier in the U.S. Army. At 19, he enlisted. After basic training, he was deployed to Iraq, where he ...
U.S. Supreme Court, Constitutional Law
The limit to free exercise rights
By Erwin Chemerinsky
On March 25, the U.S. high court will hear two cases concerning whether it violates a corporation's right to free exercise to ...
Insurance
Ruling helps define scope of insurance brokers' duties
By Hsiao C. Mao, Jonathan H. Yee
California courts have been struggling for years on the breadth of fiduciary duties owed by an insurance broker to insureds. ...
Labor/Employment
The importance of California's ban on discretion in ERISA plans
By Michelle L. Roberts
Simply put, discretionary clauses mean that the for-profit company responsible for paying benefits also decides whether it is ...
The world now knows that last weekend Malaysia Airlines Flight 370 went missing less than an hour after takeoff from the Malay...
The furnishing of a license plate frame that will allow all law enforcement officers to see that the automobile owner supports...
To achieve civility in the current Senate, I respectfully propose the following. ...
Constitutional Law
Six problems with 'Six Californias' initiative
By David A. Carrillo, Stephen M. Duvernay
California Secretary of State Debra Bowen recently qualified the "Six Californias" initiative for signature gathering, the fir...
Government, Environmental & Energy, Administrative/Regulatory
Clean gas regulations will produce dramatic benefits
By Richard M. Frank
The EPA recently issued final regulations reducing the sulfur content of America's gasoline supply - perhaps Obama's most impo...
The Supreme Court decided Heller, stated broad constitutional principles, but left the lower courts, law enforcement and the p...
California has egg on its face, constitutionally speaking.
Alternative Dispute Resolution
Managing your dismissive and bully peers
By Paul R. Fisher, Juli Adelman
Some attorneys are experts at derailing, manipulation, becoming indignant, making outrageous allegations and bringing up perso...
The most interesting question about Ellen's (or Bradley Cooper's?) selfie taken at the Oscars is whether it's even copyrightab...
U.S. Supreme Court, Environmental & Energy, Administrative/Regulatory
EPA's greenhouse gas regulations split high court
By Nicki Carlsen, Geoff Rathgeber
Last month, a divided court heard oral argument on the agency's rules regulating greenhouse gas emissions from stationary sour...
Constitutional Law
Encryption issues under Fifth Amendment purview
By Brian M. Hoffstadt
The Digital Revolution that gave us our laptops, tablets and GPS-enabled smartphones is poised to change the way law enforceme...
The realities of today mean that public defender offices must adopt innovative strategies while exercising sound fiscal judgme...
U.S. Supreme Court, Criminal, Constitutional Law
Precedent allowing juror testimony to be tested at high court
By Michael J. Raphael
On Monday, the U.S. high court granted certiorari in a case in which a litigant's right to a fair trial collides with the law'...
Re: "Restoring the Rule of Law in California," Feb. 25.
We must guard against writing opinions or briefs that suffer from these infirmities.
Law Practice, Ethics/Professional Responsibility
Legal malpractice: Show me the damage!
By Kenneth C. Feldman, David D. Samani
An attorney should be able to argue that actual payment of an adverse judgment is a prerequisite because otherwise a plaintiff...
Administrative/Regulatory
Weed banking guidance: baby steps
By Theodore F. Monroe, Bradley O. Cebeci
This month, the Obama administration issued new guidance for banks, purportedly clarifying how they can provide financial serv...
If you only occasionally have an appeal and wish not to be caught off-guard, here are a few pitfalls to avoid. By Robert J. St...
Administrative/Regulatory
It's a date: your doctor, big pharmaceuticals
By Julie L. Kessler
This week, because of a provision in the 2010 health care law, drug and device manufacturers began reporting virtually all pay...
Civil Litigation, Constitutional Law, 9th U.S. Circuit Court of Appeals
Surging wave of data class actions
By Ian C. Ballon
Defending putative data privacy and data security class actions today is more complex than in past years.
Who should Gov. Brown pick to replace Justice Kennard? I have a suggestion, but first I want to make a few observations about ...
Constitutional Law
Tomorrow's leadership: discriminating against nonconformity
By William J. Becker Jr.
It seems some parents simply do not want their children to aspire to leadership roles in life.
Twitter was right to criticize the DOJ's settlement with Internet companies, saying the deal lacked in "meaningful or sufficie...