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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...


Insurance

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

Jul. 22, 2014
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

Jul. 19, 2014
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...


Criminal

It's time to stop relying on incarceration

Jul. 19, 2014
By James P. Gray

In many ways, the criminal justice system has become too punitive. The U.S. has only five percent of the world's population, b...


Civil Litigation

Forum-shopping insurance companies' latest tricks

Jul. 18, 2014
By Steven E. Knott

Insurance company collateral estoppel arguments in a choice-of-law context should be rejected. By Steven E. Knott ...


Insurance

Adversaries can multiply if insurers sue

Jul. 18, 2014
By Kirk A. Pasich

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

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

Jul. 18, 2014
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...


International Law

Cambodia and California's awful traffic

Jul. 18, 2014
By Julie L. Kessler

The pervasiveness of human trafficking in Cambodia is fightening, but the problem also plagues our own backyard. ...


Labor/Employment

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

Jul. 16, 2014
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

Jul. 16, 2014
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

Jul. 15, 2014
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

Jul. 15, 2014
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

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

Jul. 12, 2014
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

Jul. 12, 2014
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

Jul. 12, 2014
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...