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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...


Intellectual Property

As the numbers of petitions for USPTO trials filed have increased, little attention has been focused on a related and equally ...


International Law, Health Care & Hospital Law

Mired as we Americans are now in the never-ending Affordable Care Act debate, it is often difficult to stay focused on the wor...


U.S. Supreme Court, Environmental & Energy, 9th U.S. Circuit Court of Appeals

Clear skies for state fuel standard

Jul. 10, 2014
By Richard M. Frank

California environmental regulators breathed a sigh of relief last month, when the U.S. Supreme Court declined to review Calif...


U.S. Supreme Court, Constitutional Law

The majority opinion fails to square itself with Supreme Court precedent.


Constitutional Law

Shades of Gray: to err in jury selection

Jul. 9, 2014
By Brian M. Hoffstadt

Not all errors at trial require a retrial. The state Supreme Court is in the midst of deciding which do and which do not when ...


Letters, Labor/Employment, California Supreme Court

Gentry was humanely, deliberately put to bed

Jul. 8, 2014
By Eric B. Kingsley

I take issue with several points made by Steven Katz in his recent column on the state Supreme Court's recent decision in Iska...


Administrative/Regulatory

Throwing stones at Google's Glass house

Jul. 8, 2014
By Hsiao C. Mao, Sheila Pham

What makes Glass truly powerful is not just its technological specifications, but what it allows Google to potentially do in t...


U.S. Supreme Court, Constitutional Law

Supreme Court chose to bunt this term

Jul. 8, 2014
By Glenn C. Smith

The high court's term completed earlier last week appears noteworthy for how the justices mostly decided big cases in cautious...


Judges and Judiciary

A storm of ideas

Jul. 8, 2014
By Arthur Gilbert

Lawyers must be highly tuned to the world about them. Success depends on recognizing and confronting the unpleasant vicissitud...


Labor/Employment

The decision highlights a trend among the Roberts court where there is frequently unanimity without consensus. By Scott J. Wit...


Labor/Employment, California Supreme Court

On June 30, the state Supreme Court issued the third in a recent string of employment class action decisions that will have a ...


Transportation

9th Circuit reins in the misclassification of truck drivers

Jul. 3, 2014
By Joshua H. Haffner, Drew Ferrandini

A recent 9th Circuit decision provides trucking companies further cause to worry as they battle claims for misclassifying driv...


Labor/Employment, Government

Lessons for California's minimum wage proposal

Jul. 2, 2014
By Timothy J. O'Connell

Los Angeles officials considering raising the minimum wage to $15.37 an hour for workers in large hotels should heed lessons l...


Judges and Judiciary

Do daughters affect judges' rulings?

Jul. 2, 2014
By Michael P. Linfield

The results of a recent study were clear: "Judges with daughters consistently vote in a more feminist fashion on gender issues...


Civil Litigation, Judges and Judiciary

Small claims court: an underused tool

MCLE
Jun. 30, 2014
By Robert Steven Harrison

The object of this article and self-study test is to provide an introduction to small claims court.


U.S. Supreme Court, Labor/Employment, California Supreme Court

Iskanian: Arbitration's got a brand new bag

Jul. 1, 2014
By Steven B. Katz

It took a great deal of prompting from the nation's high court to make California fall in line.


Alternative Dispute Resolution

Top 10 blunders to avoid in mediation

Jun. 28, 2014
By Robert S. Mann

Here's a semi-satirical Top Ten list of the absolute best ways to destroy any chance of settling a case at mediation. ...


Taxpayer rights and selective disclosure

Jun. 28, 2014
By Robert W. Wood

Does the IRS "Taxpayer Bill of Rights" include a right to selectively disclose documents, such as emails? ...


Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals

The wage and hour plaintiffs' bar was recently faced with two potentially game-ending blows emanating from the state high court.


Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

Characters rights, not so elementary

Jun. 26, 2014
By Allison S. Brehm, Eric May

Why can Mickey Mouse, Rocky Balboa and Tarzan be copyrighted, but not Sam Spade of "The Maltese Falcon" or Regan from "The Exo...


Administrative/Regulatory

Mining for big data: What is next for data brokers?

Jun. 26, 2014
By Mary Ellen Callahan, Sabrina N. Guenther

Everyone is talking about data brokers. All seem to agree that some legislation is needed to regulate this already pervasive b...


Environmental & Energy

Legal risks of fracking bans are real

Jun. 25, 2014
By Jeffrey Dintzer, Nathaniel Johnson

Unfortunately, some parties are unsatisfied with the comprehensive system of fracking regulations developed under SB 4. By Jef...


U.S. Supreme Court

High court to consider what constitutes a true threat

Jun. 24, 2014
By Michael J. Raphael

The case may resolve a split between the 9th Circuit and the California Supreme Court as to whether proof of subjective intent...


U.S. Supreme Court, Civil Litigation, Labor/Employment

High court let ERISA split endure

Jun. 24, 2014
By Corbin K. Barthold

Some of the perdurable mysteries that make law a jealous mistress abide in terribly mundane places, like ERISA Section 502(a)(3).