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Civil Litigation, Appellate Practice

Pandora kicks down door to music licenses

Oct. 12, 2013
By Donald M. Falk

A court recently ruled that ASCAP - which provides blanket licenses for music performance rights - can't strip down licenses f...


Civil Litigation, Insurance

New decision clarifies insurers' duty to provide a defense

Oct. 12, 2013
By Linda D. Kornfeld, Julia K. Holt

A new decision clarifies when an insurer's duty to defend arises.


Law Practice, State Bar & Bar Associations

We take care of our own

Oct. 12, 2013
By Diane L. Karpman

The State Bar does not seem to be considering the crushing burden that a plan it is proposing would impose on law students. ...


Judges and Judiciary

It did happen

Oct. 11, 2013
By Arthur Gilbert

I checked the 2012 Court Statistics Report. In fiscal year 1993 our Supreme Court depublished 109 cases. God knows what percen...


Criminal

End of the War on Drugs finally in sight?

Oct. 10, 2013
By James P. Gray

With the recent statement by Attorney General Eric Holder, it is simply a question of time.


U.S. Supreme Court

The U.S. high court has agreed to decide whether severance pay to workers who have been laid off is subject to federal payroll...


Alternative Dispute Resolution

I can't hear you: stress and communication

Oct. 9, 2013
By Robert S. Mann

The physiological and psychological reactions of individuals to stress can stand in the way of successful settlement negotiati...


Appellate Practice

Fly fishing and the appellate lawyering life

Oct. 9, 2013
By Gary A. Watt

Fly fishers have a way of noting the ruminations of fellow enthusiasts and so this enthusiast offers some thoughts on fly fish...


Judges and Judiciary

You don't have to jump out of an airplane

Oct. 8, 2013
By Arthur Gilbert

Lawyers and judges do extraordinary things and demonstrate a wide range of talents. But there are constraints. ...


Constitutional Law

In "Democracy and Political Ignorance: Why Smaller Government Is Smarter," author Ilya Somin discusses the serious problem tha...


Apart from public image issues, companies worry that private civil litigation is a certainty after such an admission. ...


Government

Calls grow to unlock our phones

Oct. 4, 2013
By John F. Stephens

After months of calls for legislation to unlock cellphones - including a petition with 114,000 signatures - the White House fi...


Law Office Management

Where Do We Go from Here?

Oct. 2, 2013
By Erwin Chemerinsky

The U.S. Supreme Court's docket has been filled with blockbuster cases in recent years. Will the upcoming term continue that t...


Criminal

'Other acts' in sexual assault cases

MCLE
Sep. 30, 2013
By Karla D. Kerlin, Renee F. Korn

The objective of this article and self-study test is to acquaint bench officers and attorneys with other acts evidence in sexu...


An NSA-made defense

Oct. 1, 2013
By Edward D. Totino

The NSA's sweeping phone surveillance programs may have just sounded the death-knell for lawsuits brought under California's I...


Books, Alternative Dispute Resolution

Explore the subtleties mediation

Sep. 28, 2013
By Jan Frankel Schau

Dr. Debbie De Girolamo's new book illuminates how the practice of mediation has evolved into something dark, chameleon-like an...


Alternative Dispute Resolution

Perfection: not all it's cracked up to be

Sep. 27, 2013
By Jan Frankel Schau

It's not necessarily a good idea to aim for an absolute win in litigation. By Jan Frankel Schau ...


Intellectual Property, Government

Libel tourism's trip cut short in federal appellate court

Sep. 27, 2013
By Christina Avedissian, Andrew J. Thomas

"Libel tourism" is a form of forum shopping in which plaintiffs file libel suits against U.S. publishers in foreign jurisdict...


Ethics/Professional Responsibility

The very nature of our work brings a universal focus upon what we do and who we are. So ask yourself, what is the job descript...


Labor/Employment

The examination of franchise arrangements is a comparatively new branch of the age-old independent contractor versus employee ...


Labor/Employment

Minimum wage hike: The sky is not falling

Sep. 24, 2013
By Eric B. Kingsley

These are not the moochers of society, but rather, the engines of commerce. These workers are the backbone of our economy.


"Restoring Justice," edited by Jack Fuller, is a collection of the speeches of Attorney General Edward H. Levi. Levi touched o...


Weekly Appellate Report, Civil Litigation

Court parses out protected activity

Sep. 20, 2013
By Craig A. Roeb

If you are considering filing an anti-SLAPP motion, be prepared now for the possibility of trial courts dismissing some, all o...


Books

Polanski victim tells her side of the story

Sep. 20, 2013
By Allan Parachini

In her new book, Samantha Geimer recalls what Polanski referred to as a "photo shoot" in 1977 at the Mulholland Drive home of ...


Securities, Government, Administrative/Regulatory

SEC, private plaintiffs turn heat up on municipal bond offerings

Sep. 19, 2013
By Randall R. Lee, Michael A. Mugmon

In light of the recent wave of municipal meltdowns, the world of municipal securities regulation just got a lot more interesti...


Government, Criminal

Pot hearing underscores need for action

Sep. 18, 2013
By Alex Kreit

State legislators have two choices: do nothing, leaving the status quo of weak regulation and never-ending battles with the fe...


Criminal

Human trafficking continues to be an epidemic that can be addressed through education and acknowledgment.


Jackson estate case a thriller

Sep. 18, 2013
By Robert W. Wood

Even after his death, Michael Jackson is keeping lawyers busy, and he could even make some important tax law. ...


Environmental & Energy

At the last minute, the Legislature unexpectedly passed SB 743, which makes some minor corrections to the California Environme...


U.S. Supreme Court

Common thread in US high court's end-of-term decisions

Sep. 14, 2013
By Lawrence Waddington

The legal thread of state and federal sovereignty wove through four cases at the end of the high court's 2012-2013 term. ...