Anyone who has ever mediated a case, as an advocate or as the neutral, looks back at a marathon mediation session with either ...
Ethics/Professional Responsibility
Delay in rules update raises questions
By Ellen A. Pansky
The State Bar is now sending proposed rules of professional conduct up to the state Supreme Court one by one for formal adopti...
Patent protection is important to innovators in biotechnology and pharmaceuticals because it protects their substantial invest...
Intellectual Property, Administrative/Regulatory
Sandoz may bring clarity to biosimilars rules
By Jeffry S. Mann, Stephen Paul Mahinka
Manufacturers of reference products and biosimilars await further guidance from the Federal Circuit as to the metes and bounds...
Intellectual Property, Administrative/Regulatory
Biosimilars and the new road to FDA approval
By Janet M. McNicholas, Tamera M. Weisser
Many fundamental issues concerning the BPCIA remain unresolved, making this regulatory pathway unattractive to some potential ...
Alternative Dispute Resolution
Understand the physics of settlement negotiations
By Robert S. Mann
In mediation, many different factors create "power" and "torque." But it's not always the case that those lead to "work," whic...
Tax
Circuit court clears confusion over tax-sharing agreements
By Stephen J. Turanchik
A new decision is instructive in how to draft tax-sharing agreements that specify each subsidiary's tax liability in a consoli...
The U.S. Supreme Court stayed of the 4th U.S. Circuit Court of Appeals' recent 2-1 decision holding that Virginia's limiting m...
U.S. Supreme Court, Criminal, 9th U.S. Circuit Court of Appeals
Death penalty case heads to oft-overturned 9th Circuit
By Lawrence Waddington
On July 16, Judge Cormac Carney, ignoring the opinions of the U.S. and state Supreme Courts to the contrary, declared the Cali...
Criminal, Constitutional Law
Search and seizure basics, Part 2
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 ...
Sensible call recording litigation
By Edward D. Totino
Recent California court decisions may make it more difficult for plaintiffs to bring lawsuits against businesses that record c...
Labor/Employment
Assistive animals at work: a reasonable accommodation
By Rachael Langston
Assistive animals are capable of helping individuals with a wide range of disabilities, allowing them to more fully access the...
Wine fraud is on the rise. Americans are drinking and collecting more expensive wine than ever, resulting in a flood of count...
Government, Criminal, Civil Rights
When officers wear a 'heavy badge'
By Robert L. Bastian Jr.
One commonality between the police shooting in Ferguson, Missouri and the one in South Central Los Angeles days later is the s...
A new decision by the California labor commissioner is the first in which a manager was determined to have violated the state'...
Inversions are not new. Yet in a short period of time they have undergone a rather startling metamorphosis. ...
Administrative/Regulatory
Data breach déjà vu
By Mary Ellen Callahan, Michael T. Borgia
Data breaches unfortunately have become a fact of life on the Internet, and users will have to change their routines according...
Government, Antitrust & Trade Reg.
Public PLAs: a win-win for labor and management
By Jonathan V. Holtzman
While there is often a political component to using public labor agreements, there is also increasing recognition that they ar...
Real Estate/Development, Government, Administrative/Regulatory
Public partner financing: a capital proposal
By Jake Vollebregt
Cities throughout California are looking for development partners to revitalize downtown districts, create value in suburban n...
Labor/Employment
As the Brinker dust settles, review what we learned
By Richard J. Simmons
Brinker is an iconic decision clarifying the procedural standards of class certification and the substantive law rules ...
Labor/Employment
State Legislature must protect workers from wage theft
By Erwin Chemerinsky, Catherine L. Fisk
The state Legislature needs to enact currently pending legislation to protect low-wage workers from all too-common wage theft....
AB 1014 is common sense regulation, much like existing laws prohibiting the possession of firearms by individuals under domest...
Law Practice
We can make our justice system better and more efficient
By James P. Gray
I am proud to be a part of the civil justice system, and believe the rest of us should be as well. Why? Because it works. ...
Civil Litigation, Intellectual Property
Monkeying around with copyright law
By Dan D. Nabel
Wikimedia's first "Transparency Report" details a copyright takedown request from a photographer who claimed ownership of a se...
Alternative Dispute Resolution
Flexible yet focused: surprises in mediation
By Jan Frankel Schau
We've all encountered the element of surprise that may distract particpants from the task at hand during mediation. The respon...
Government, Administrative/Regulatory
'Microlocating' shoppers and privacy
By Mary Ellen Callahan, Michael T. Borgia
Microlocation could help bridge the information gap between online and brick-and-mortar retailers, but it also raises privacy ...
Labor/Employment
VIDEO: Should telecommuting be a reasonable accommodation?
By John F. Baum
The question of allowing an employee to telecommute becomes substantially more complex if the employee is an individual with a...
Health Care & Hospital Law, Government, Constitutional Law, Administrative/Regulatory
What's at stake in Obama lawsuit?
By Makan Delrahim
On July 30, the House of Representatives passed a resolution that authorized the Speaker of the House to sue President Barack ...
Intellectual Property, Administrative/Regulatory
Can FCC help deliver the Dodgers to hometown fans?
By John F. Stephens, Jason M. Joyal
Some 70 percent of Los Angeles can't watch the Dodgers because Time Warner Cable-owned SportsNet LA, will not allow other carr...
Transportation
Privileged rides are still common carriers
By Brian S. Kabateck, Doug Rochen
Recent changes in the law across the United States seem to have expanded the categorical definition of who is a common carrier...
