Intellectual Property, 9th U.S. Circuit Court of Appeals
Fading blogger-journalist distinction
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
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
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
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
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
Don't panic, the sky won't fall without net neutrality rules
By Bennett L. Ross
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
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
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'
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'
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.
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
Appellate split on whether breach of lease can be SLAPPed
By Timothy D. Reuben
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...
A footnote in a recent opinion raises questions about the role of deposition testimony in insurance cases. ...
Constitutional Law
Carving up California: been there, tried that
By David A. Carrillo, Jack Citrin
Last week, proponents of the "Six Californias" initiative submitted signatures to the secretary of state, which may get it on ...
Labor/Employment
Drafting arbitration agreements in a post-Iskanian world
By Arthur F. Silbergeld, Jennifer A. Awrey
In light of recent state Supreme Court decisions, employers should review existing arbitration agreements to ensure they are i...
In many ways, the criminal justice system has become too punitive. The U.S. has only five percent of the world's population, b...
Insurance company collateral estoppel arguments in a choice-of-law context should be rejected. By Steven E. Knott ...
When an insurers sue to confirm that they owes no coverage, insureds can find themselves litigating on two fronts. ...
Civil Litigation, Intellectual Property, Entertainment & Sports
Scarlett Johansson 'wins' lawsuit against French author
By Dan D. Nabel
Over the last couple of weeks, almost every headline about the recent Scarlett Johansson defamation lawsuit has proclaimed tha...
Civil Litigation, California Supreme Court
What Duran really said about statistical samples
By Steven S. Kimball
On a close reading, the decision turns out to be not especially path-breaking, neither really curbing nor expanding the use of...
The pervasiveness of human trafficking in Cambodia is fightening, but the problem also plagues our own backyard. ...
The question of allowing an employee to telecommute becomes substantially more complex if the employee is an individual with a...
U.S. Supreme Court, Constitutional Law
What's in a buffer zone? It matters
By Erwin Chemerinsky
The U.S. Supreme Court's recent decision in McCullen v. Coakley necessitates new legislation across the country to safeguard t...
U.S. Supreme Court, Labor/Employment
Presumption of prudence is imprudent
By Michelle L. Roberts
Fables are not just for children. In Fifth Third Bancorp v. Dudenhoeffer, the U.S. Supreme Court decided that ERISA fiduciarie...
Law Practice
Shine light on issues that linger in shadows
By David A. Lash, Daniel Grunfeld
Long before the national media shines its spotlight on a growing injustice, legal aid lawyers likely have already spent years ...
Environmental & Energy
Water issues reframe state fracking debate
By Kathryn L. Oehlschlager
The debate over fracking continues nationwide, but in California there is an increasing focus on one major issue: water supply.
Labor/Employment, California Supreme Court
Who's an 'employee' under the Labor Code still uncertain
By Scott D. Nelson
The recent decision in Ayala v. Antelope Valley Newspapers Inc. aside, plaintiffs in independent contractor misclassification ...
Alternative Dispute Resolution
The thin line that all mediators walk
By Robert S. Mann
Mediators walk a razor-thin line on searching for "the truth" in a dispute; Most are more interested in identifying areas wher...
Civil Litigation
Decisions emphasize courts' 'gatekeeper' obligations
By Cynthia H. Cwik, Kelly V. O'Donnell
A recent decision provides authority to request that district courts affirm the reliability of an expert's opinion before admi...
Labor/Employment, California Supreme Court
Dim future for coerced union dues
By James Burnham, Michael A. Carvin, William D. Coglianese
A state Supreme Court decision cast doubt onto the constitutionality of public employees being compelled to pay dues to the un...