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Civil Litigation

Judicial gatekeepers: the changing role of judicial officers and expert testimony

MCLE
Feb. 24, 2014
By Mark E. Windham, Eamon McMahon

Several recent California decisions have reshaped the role of judicial officers in determining the admissibility of expert tes...


Ethics/Professional Responsibility

Ethical lawyering is effective lawyering

Feb. 21, 2014
By James P. Gray

Ethical behavior is almost always more effective in arriving at the right result with less time and money being spent.


Labor/Employment, Government, Constitutional Law

The goal is to treat pension benefits just like other aspects of compensation: as something earned over time and not protected...


Government, Civil Rights, Administrative/Regulatory

Unisex facilities legislation goes too far

Feb. 20, 2014
By Mark S. Pulliam

Lawmakers misread the public when they passed AB 1266, the bill mandating that public school facilities, including bathrooms, ...


Civil Litigation, California Supreme Court, California Courts of Appeal

Third-party lienors discoverable in bodily injury cases

Feb. 20, 2014
By Craig A. Roeb, David Weinberger

A recent decision gives guidance to tort litigants during discovery when seeking evidence of the reasonable value of medical e...


International Law, Constitutional Law

Controversial books meet different fates

Feb. 19, 2014
By Julie L. Kessler

Germany will be reprinting "Mein Kampf" soon; meanwhile, Penguin Books India has agreed as part of a legal settlement to recal...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

Concealed weapon ruling ignores US high court precedent

Feb. 19, 2014
By Erwin Chemerinsky

No Supreme Court case ever has found or even implied that the Second Amendment includes a right to carry a concealed weapon.


As tax season gets underway, many Americans are wondering how exactly companies like Google and Apple manage to reduce their t...


Administrative/Regulatory

Wake up call for mobile app developers

Feb. 15, 2014
By John F. Stephens

Mobile applications developers need to have a frank discussion about privacy with their users, and figure out what degree of u...


Tax, International Law

The FACTA fallout: soaring expatriatism

Feb. 13, 2014
By Julie L. Kessler

The Treasury Department reported that during 2013, 2,999 Americans renounced their U.S. citizenship or turned in their green c...


Constitutional Law

Cross on county seal should pass muster

Feb. 12, 2014
By William J. Becker Jr.

The fact of the matter is that an image of a California mission bearing a cross is historically accurate. ...


Alternative Dispute Resolution

In mediation, check your ego at the door

Feb. 8, 2014
By Robert S. Mann

Of the many and varied reasons why mediation does not succeed, ego, whether that of the lawyers, the parties or the experts, i...


International Law

This issue first really came to world attention during the past year and has tarnished India's reputation as a tourist destina...


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

Post-mortem publicity rights phoenix rising

Feb. 4, 2014
By Douglas E. Mirell

The 9th Circuit has just delivered at least a limited new year's present to those holding the post-mortem publicity rights of ...


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

Waiting to say 'mine!'

Feb. 4, 2014
By Andrew J. Thomas, Samuel D. Green

What happens if an infringement action accrued recently but the related ownership dispute arose more than three years ago? By ...


Law Practice

The devil made me do it

Feb. 4, 2014
By Arthur Gilbert

Lawyers, judges, servers and waiters, oh my.


Labor/Employment

NLRB case has far-reaching implications

Feb. 1, 2014
By Scott J. Witlin

The recess appointments case heard by the U.S. high court recently could end up as a major separation of powers decision limit...


State Bar & Bar Associations, Ethics/Professional Responsibility

It's that time of year: MCLE is due

Feb. 1, 2014
By Diane L. Karpman

If you lack all the required units there is a fine, but that is nothing compared to the situation you could be in if you claim...


While many groups have been affected, it is now well established that the city's African-American population has borne the bru...


Criminal, Corporate

America's elusive corporate executive

Feb. 1, 2014
By George B. Newhouse Jr.

Why hasn't the government charged many executives at corporations that have committed crimes in recent years? ...


'Kaepernicking' all the way to the bank

Jan. 31, 2014
By Robert W. Wood

The patent office shows six registration applications for the 49er quarterback's signature move. ...


International Law, Constitutional Law

Hitler manifesto cleared for republication

Jan. 30, 2014
By Julie L. Kessler

It seems "Mein Kampf" is shortly to be republished in Germany for the first time since World War II. ...


Insurance, California Supreme Court, California Courts of Appeal

Notable insurance coverage decisions from 2013

Jan. 29, 2014
By Kirk A. Pasich

Last year California courts rendered a variety of important decisions regarding insurance issues. ...


Law Practice

The shape of things to come

Jan. 29, 2014
By Mark S. Lee

A new case illustrates how hard it is becoming to protect product shapes, despite no less than three different intellectual pr...


Judges and Judiciary

A commissioner's source of power

MCLE
Jan. 27, 2014
By Maria Theresa Jauregui

The objective of this article and self-study test is to review the source of commissioners' powers.


Appellate Practice

Counselor, are you reading your oral argument?

Jan. 25, 2014
By David M. Axelrad

So how should you go into an appellate oral argument? By David M. Axelrad ...


Neutral data to derail discriminatory damage awards

Jan. 25, 2014
By Brian S. Kabateck, Levi M. Plesset

By limiting a plaintiff's damages awards based upon race and gender, courts are institutionalizing discrimination.


Law Practice, Ethics/Professional Responsibility

2013 year in review: notable decisions affecting lawyers, Part 2

Jan. 25, 2014
By Kenneth C. Feldman, Alex A. Graft

In Part 2 of this two-part series, we review several cases affecting legal malpractice claims, conflict cases, and other claim...


Special Coverage, Administrative/Regulatory

What 2013 tells us about government enforcement in 2014

Jan. 24, 2014
By Robb C. Adkins, Kimberly S. Morris

The past year proved to be an eventful one in terms of government enforcement, in particular for financial institutions and co...


Securities, Administrative/Regulatory

$14 million whistle-blower game changer

Jan. 24, 2014
By Thomas A. Zaccaro, Eleanor K. Mercado

In October 2013, the SEC announced the largest whistle-blower award yet since launching its whistle-blower program in 2011. ...