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Every lawyer should know what a structured fee is and what it is not. ...


Entertainment & Sports, Constitutional Law

Paparazzi law limits our First Amendment rights

Dec. 25, 2013
By Nary Kim, Andrew J. Thomas

The Legislature has a love-hate relationship with freedom of the press, depending on who's advocating for change.


Labor/Employment

You don't need a weatherman to know it's wrong

Dec. 24, 2013
By Thomas L. Dorogi

I was stunned to read "Television station's decision to choose 'young attractive females' to fill vacant weather anchor positi...


Government

The fact is that American cities built trolley car lines, then paid good money to destroy them, and now are spending more good...


Criminal

Discovery when deputies break bad

Dec. 24, 2013
By Konrad Moore

The LA Sheriff's Department hired dozens of deputies even though background investigations found they had committed serious mi...


Judges and Judiciary, Appellate Practice

Improve arguments with zero extra cost

Dec. 21, 2013
By Joshua M. Stein

Division 8 of the 2nd District Court of Appeal, at only 12 years old, is one of the youngest courts in California. As members ...


Entertainment & Sports

An incorrect holding has been the basis of five decades of determinations where personal managers - and now attorneys - lose t...


International Law, Government

Womenomics, Abenomics and some small talk

Dec. 19, 2013
By Julie L. Kessler

Japanese Prime Minister Shinzo Abe is seeking to promote the acceptance of more women in the workplace. ...


Government

The NSA's infiltration of video games

Dec. 19, 2013
By Nathan N. Lowenstein

The NSA deployed undercover spies to create characters and conduct surveillance in online games and virtual worlds such as "Wo...


Civil Litigation

Defamation in 2013 tests well-settled rules

Dec. 19, 2013
By Deborah Drooz

California jurists finally seem to "get" Internet defamation in 2113; they also sought intelligible limits to the anti-SLAPP s...


Intellectual Property

That is one of the lessons from one of the first district court decisions to assess, after Myriad, the question of what...


Judges and Judiciary, Government

Nuclear fallout and California nominees

Dec. 19, 2013
By Carl Tobias

Many observers will focus on California as ground-zero in the post-nuclear landscape because numerous Golden State nominees wi...


Government, Corporate, Administrative/Regulatory

California has once again received the dubious distinction of being named our nation's number one "judicial hellhole" by the A...


Labor/Employment

ERISA defense bar: The sky is not falling

Dec. 18, 2013
By Michelle L. Roberts

A recent case is no ordinary denial-of-benefits ERISA case; the court affirmed a precedential damages award based on the theor...


Labor/Employment

Since October, the 2nd District Court of Appeal has reversed three trial court orders that had denied class certification in t...


9th U.S. Circuit Court of Appeals

A camera in every appellate court

Dec. 18, 2013
By Erwin Chemerinsky

The 9th Circuit recently announced that it would begin live video streaming of its en banc proceedings, but this is far too li...


Government

You, me and the Senate nuclear precedent

Dec. 17, 2013
By Makan Delrahim

Much has been written since about the so-called "nuclear option" rules change in the Senate. Perhaps not enough has been writt...


Civil Litigation

Overview of cy pres in class actions

MCLE
Dec. 16, 2013
By Daryn Pakcyk

The objective of this article and self-study test is to familiarize readers with the cy pres doctrine. Earn MCLE. ...


Law Practice

Our dated ways of thinking about competition

Dec. 14, 2013
By Michael Waterstone

Orly Lobel has written an important book challenging the way we should think about human capital. We ignore her prescriptions ...


Law Practice

Standing naked: judges in Dylan's lyrics, pt. 2

Dec. 14, 2013
By Timothy B. Taylor

We know how Bob Dylan's poetry has fared in the eyes of lawyers and jurists. But what about the reciprocal view? ...


Civil Litigation, Appellate Practice

Creating an appealable judgment

Dec. 13, 2013
By Alana H. Rotter

What should you do when the trial court throws out the cause of action or legal theory at the heart of your case, but leaves s...


Law Practice

Standing naked: judges in Dylan's lyrics, pt. 1

Dec. 13, 2013
By Timothy B. Taylor

We know how Bob Dylan's poetry has fared in the eyes of lawyers and jurists. But what about the reciprocal view? ...


Administrative/Regulatory

How much do you really want to know?

Dec. 12, 2013
By Julie L. Kessler

What the FDA is really saying is that it thinks John and Jane Q. Public are so dense that 23andMe will cause an epidemic of pr...


Insurance

When is a claim a 'claim'?

Dec. 12, 2013
By Kirk A. Pasich

There has been substantial litigation over what a claim is and when a claim is first made.


Judges and Judiciary

Fed up with this derision of the bench

Dec. 11, 2013
By Charles A. Bird

Judges may not be fed up with insulting, discourteous, obdurate or offensively familiar counsel, but I am. ...


Civil Litigation

Erratic rulings in Google Wiretap Act cases

Dec. 10, 2013
By Ara R. Jabagchourian

In just over a two-month span, the U.S. District Court for the Northern District of California has issued two diametrically op...


Law Practice

The new normal

Dec. 5, 2013
By Julie L. Kessler

Now starts the season of reflecting on the recent past. The good of course is sometimes easy to forget; the bad and the ugly, ...


Insurance

Too big to pass constitutional muster

Dec. 3, 2013
By Rex Heeseman

There has been relatively little published activity by state appellate courts regarding the size of punitive damage awards unt...


I hear voices

Dec. 3, 2013
By Arthur Gilbert

In decades past, before the ubiquity of the disembodied voice, we heard the old-fashioned voice. Remember?


The nature and scope of audits is changing.