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Alternative Dispute Resolution

Do marathon mediations make sense?

Aug. 30, 2014
By Jill Switzer

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

Aug. 30, 2014
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...


Intellectual Property

It's not always obvious what's 'obvious'

Aug. 28, 2014
By Craig E. Countryman

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

Aug. 28, 2014
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

Aug. 28, 2014
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

In mediation, many different factors create "power" and "torque." But it's not always the case that those lead to "work," whic...


Tax

A new decision is instructive in how to draft tax-sharing agreements that specify each subsidiary's tax liability in a consoli...


Constitutional Law

Marriage battle lines more clearly drawn

Aug. 26, 2014
By Kris Whitten

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

Aug. 26, 2014
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

MCLE
Aug. 25, 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 ...


Sensible call recording litigation

Aug. 23, 2014
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 are capable of helping individuals with a wide range of disabilities, allowing them to more fully access the...


Criminal

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'

Aug. 20, 2014
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...


Entertainment & Sports

TAA violation for record producer deal

Aug. 19, 2014
By Edwin F. McPherson

A new decision by the California labor commissioner is the first in which a manager was determined to have violated the state'...


Tax

Inversions may be trending, but they're not new

Aug. 15, 2014
By Robert W. Wood

Inversions are not new. Yet in a short period of time they have undergone a rather startling metamorphosis. ...


Administrative/Regulatory

Data breach déjà vu

Aug. 15, 2014
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

Aug. 14, 2014
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

Aug. 13, 2014
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

Aug. 13, 2014
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

Aug. 13, 2014
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....


Constitutional Law

Common sense gun regulation

Aug. 13, 2014
By Lawrence Rosenthal

AB 1014 is common sense regulation, much like existing laws prohibiting the possession of firearms by individuals under domest...


Law Practice

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

Aug. 12, 2014
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

Aug. 9, 2014
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

Aug. 9, 2014
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

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?

Aug. 8, 2014
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?

Aug. 8, 2014
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

Aug. 7, 2014
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...