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Letters

Re: "Restoring the Rule of Law in California," Feb. 25.


Judges and Judiciary

If a tree falls on you in the forest...

Mar. 4, 2014
By Arthur Gilbert

We must guard against writing opinions or briefs that suffer from these infirmities.


Law Practice, Ethics/Professional Responsibility

Legal malpractice: Show me the damage!

Mar. 1, 2014
By Kenneth C. Feldman, David D. Samani

An attorney should be able to argue that actual payment of an adverse judgment is a prerequisite because otherwise a plaintiff...


Administrative/Regulatory

Weed banking guidance: baby steps

Feb. 28, 2014
By Theodore F. Monroe, Bradley O. Cebeci

This month, the Obama administration issued new guidance for banks, purportedly clarifying how they can provide financial serv...


Appellate Practice

Common pitfalls of appellate practice

Feb. 27, 2014
By Robert J. Stumpf

If you only occasionally have an appeal and wish not to be caught off-guard, here are a few pitfalls to avoid. By Robert J. St...


Administrative/Regulatory

It's a date: your doctor, big pharmaceuticals

Feb. 26, 2014
By Julie L. Kessler

This week, because of a provision in the 2010 health care law, drug and device manufacturers began reporting virtually all pay...


Civil Litigation, Constitutional Law, 9th U.S. Circuit Court of Appeals

Surging wave of data class actions

Feb. 26, 2014
By Ian C. Ballon

Defending putative data privacy and data security class actions today is more complex than in past years.


California Supreme Court

Restoring the rule of law in California

Feb. 25, 2014
By Mark S. Pulliam

Who should Gov. Brown pick to replace Justice Kennard? I have a suggestion, but first I want to make a few observations about ...


Constitutional Law

Tomorrow's leadership: discriminating against nonconformity

Feb. 24, 2014
By William J. Becker Jr.

It seems some parents simply do not want their children to aspire to leadership roles in life.


Government

Transparency is the new black

Feb. 24, 2014
By Nate Cardozo

Twitter was right to criticize the DOJ's settlement with Internet companies, saying the deal lacked in "meaningful or sufficie...


Civil Litigation

Judicial gatekeepers: the changing role of judicial officers and expert testimony

MCLE
Feb. 24, 2014
By Mark E. Windham, Eamon McMahon

Several recent California decisions have reshaped the role of judicial officers in determining the admissibility of expert tes...


Ethics/Professional Responsibility

Ethical lawyering is effective lawyering

Feb. 21, 2014
By James P. Gray

Ethical behavior is almost always more effective in arriving at the right result with less time and money being spent.


Labor/Employment, Government, Constitutional Law

The goal is to treat pension benefits just like other aspects of compensation: as something earned over time and not protected...


Government, Civil Rights, Administrative/Regulatory

Unisex facilities legislation goes too far

Feb. 20, 2014
By Mark S. Pulliam

Lawmakers misread the public when they passed AB 1266, the bill mandating that public school facilities, including bathrooms, ...


Civil Litigation, California Supreme Court, California Courts of Appeal

Third-party lienors discoverable in bodily injury cases

Feb. 20, 2014
By Craig A. Roeb, David Weinberger

A recent decision gives guidance to tort litigants during discovery when seeking evidence of the reasonable value of medical e...


International Law, Constitutional Law

Controversial books meet different fates

Feb. 19, 2014
By Julie L. Kessler

Germany will be reprinting "Mein Kampf" soon; meanwhile, Penguin Books India has agreed as part of a legal settlement to recal...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

Concealed weapon ruling ignores US high court precedent

Feb. 19, 2014
By Erwin Chemerinsky

No Supreme Court case ever has found or even implied that the Second Amendment includes a right to carry a concealed weapon.


As tax season gets underway, many Americans are wondering how exactly companies like Google and Apple manage to reduce their t...


Administrative/Regulatory

Wake up call for mobile app developers

Feb. 15, 2014
By John F. Stephens

Mobile applications developers need to have a frank discussion about privacy with their users, and figure out what degree of u...


Tax, International Law

The FACTA fallout: soaring expatriatism

Feb. 13, 2014
By Julie L. Kessler

The Treasury Department reported that during 2013, 2,999 Americans renounced their U.S. citizenship or turned in their green c...


Constitutional Law

Cross on county seal should pass muster

Feb. 12, 2014
By William J. Becker Jr.

The fact of the matter is that an image of a California mission bearing a cross is historically accurate. ...


Alternative Dispute Resolution

In mediation, check your ego at the door

Feb. 8, 2014
By Robert S. Mann

Of the many and varied reasons why mediation does not succeed, ego, whether that of the lawyers, the parties or the experts, i...


International Law

This issue first really came to world attention during the past year and has tarnished India's reputation as a tourist destina...


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

Post-mortem publicity rights phoenix rising

Feb. 4, 2014
By Douglas E. Mirell

The 9th Circuit has just delivered at least a limited new year's present to those holding the post-mortem publicity rights of ...


U.S. Supreme Court, Intellectual Property, 9th U.S. Circuit Court of Appeals

Waiting to say 'mine!'

Feb. 4, 2014
By Andrew J. Thomas, Samuel D. Green

What happens if an infringement action accrued recently but the related ownership dispute arose more than three years ago? By ...


Law Practice

The devil made me do it

Feb. 4, 2014
By Arthur Gilbert

Lawyers, judges, servers and waiters, oh my.


Labor/Employment

NLRB case has far-reaching implications

Feb. 1, 2014
By Scott J. Witlin

The recess appointments case heard by the U.S. high court recently could end up as a major separation of powers decision limit...


State Bar & Bar Associations, Ethics/Professional Responsibility

It's that time of year: MCLE is due

Feb. 1, 2014
By Diane L. Karpman

If you lack all the required units there is a fine, but that is nothing compared to the situation you could be in if you claim...


While many groups have been affected, it is now well established that the city's African-American population has borne the bru...


Criminal, Corporate

America's elusive corporate executive

Feb. 1, 2014
By George B. Newhouse Jr.

Why hasn't the government charged many executives at corporations that have committed crimes in recent years? ...