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Banking

The revised legislation has not had quite as big an impact as the public expected from such publicized regulatory changes. B


Intellectual Property, Administrative/Regulatory

Washington stirs as India undermines patents

Oct. 24, 2013
By David Weller, Himanshu Singh

India's approach to pharmaceutical patents is garnering increased attention in Washington, with recent high-level pressure on ...


Civil Rights, Appellate Practice

Appeals, writs and summary judgment

Oct. 23, 2013
By Alana H. Rotter

The rules for obtaining appellate review of a summary adjudication ruling can be a trap for the unwary. ...


Civil Litigation, Health Care & Hospital Law, Administrative/Regulatory

Offsetting damages in a nonallocated settlement

Oct. 22, 2013
By Craig A. Roeb, Garrett M. Fahy

A recent case shows that attorneys need not make an effort to apportion medical malpractice settlement awards into economic an...


Tax, International Law

Expats' tax dilemma

Oct. 19, 2013
By Julie L. Kessler

As a result of FATCA, many long-term expats are facing the heart-wrenching decision to give up their U.S. citizenship.


Labor/Employment

Employment protection for abuse victims

Oct. 18, 2013
By Sharon A. Terman, Rachael Langston

The governor recently signed a bill which provides employment protections for victims of domestic and sexual violence.


Securities, Government, Administrative/Regulatory

$14 million whistle-blower award is a game changer

Oct. 18, 2013
By Thomas A. Zaccaro, Eleanor K. Mercado

On Oct. 1, the SEC announced the largest whistle-blower award yet since launching its whistle-blower program in 2011. ...


Tax

Gov. Brown signed a retroactive tax...cut?

Oct. 16, 2013
By Robert W. Wood

On Oct. 4 Gov. Jerry Brown signed into law Assembly Bill 1412, a bill that reinstates a controversial California tax break. ...


U.S. Supreme Court

Oversimplified slippery slope arguments

Oct. 15, 2013
By Brian M. Hoffstadt

There are several different species of "consequential" arguments, and many of them will likely be on display in a case current...


Government, Environmental & Energy

A powerful new tool for brownfield cleanup

Oct. 15, 2013
By Christopher D. Jensen, Nicole M. Martin

Gov. Jerry Brown signed AB 440, which gives local government agencies broad authority to remediate contaminated property in "b...


Civil Litigation, Appellate Practice

Pandora kicks down door to music licenses

Oct. 12, 2013
By Donald M. Falk

A court recently ruled that ASCAP - which provides blanket licenses for music performance rights - can't strip down licenses f...


Civil Litigation, Insurance

New decision clarifies insurers' duty to provide a defense

Oct. 12, 2013
By Linda D. Kornfeld, Julia K. Holt

A new decision clarifies when an insurer's duty to defend arises.


Law Practice, State Bar & Bar Associations

We take care of our own

Oct. 12, 2013
By Diane L. Karpman

The State Bar does not seem to be considering the crushing burden that a plan it is proposing would impose on law students. ...


Judges and Judiciary

It did happen

Oct. 11, 2013
By Arthur Gilbert

I checked the 2012 Court Statistics Report. In fiscal year 1993 our Supreme Court depublished 109 cases. God knows what percen...


Criminal

End of the War on Drugs finally in sight?

Oct. 10, 2013
By James P. Gray

With the recent statement by Attorney General Eric Holder, it is simply a question of time.


U.S. Supreme Court

The U.S. high court has agreed to decide whether severance pay to workers who have been laid off is subject to federal payroll...


Alternative Dispute Resolution

I can't hear you: stress and communication

Oct. 9, 2013
By Robert S. Mann

The physiological and psychological reactions of individuals to stress can stand in the way of successful settlement negotiati...


Appellate Practice

Fly fishing and the appellate lawyering life

Oct. 9, 2013
By Gary A. Watt

Fly fishers have a way of noting the ruminations of fellow enthusiasts and so this enthusiast offers some thoughts on fly fish...


Judges and Judiciary

You don't have to jump out of an airplane

Oct. 8, 2013
By Arthur Gilbert

Lawyers and judges do extraordinary things and demonstrate a wide range of talents. But there are constraints. ...


Constitutional Law

In "Democracy and Political Ignorance: Why Smaller Government Is Smarter," author Ilya Somin discusses the serious problem tha...


Apart from public image issues, companies worry that private civil litigation is a certainty after such an admission. ...


Government

Calls grow to unlock our phones

Oct. 4, 2013
By John F. Stephens

After months of calls for legislation to unlock cellphones - including a petition with 114,000 signatures - the White House fi...


Law Office Management

Where Do We Go from Here?

Oct. 2, 2013
By Erwin Chemerinsky

The U.S. Supreme Court's docket has been filled with blockbuster cases in recent years. Will the upcoming term continue that t...


Criminal

'Other acts' in sexual assault cases

MCLE
Sep. 30, 2013
By Karla D. Kerlin, Renee F. Korn

The objective of this article and self-study test is to acquaint bench officers and attorneys with other acts evidence in sexu...


An NSA-made defense

Oct. 1, 2013
By Edward D. Totino

The NSA's sweeping phone surveillance programs may have just sounded the death-knell for lawsuits brought under California's I...


Books, Alternative Dispute Resolution

Explore the subtleties mediation

Sep. 28, 2013
By Jan Frankel Schau

Dr. Debbie De Girolamo's new book illuminates how the practice of mediation has evolved into something dark, chameleon-like an...


Alternative Dispute Resolution

Perfection: not all it's cracked up to be

Sep. 27, 2013
By Jan Frankel Schau

It's not necessarily a good idea to aim for an absolute win in litigation. By Jan Frankel Schau ...


Intellectual Property, Government

Libel tourism's trip cut short in federal appellate court

Sep. 27, 2013
By Christina Avedissian, Andrew J. Thomas

"Libel tourism" is a form of forum shopping in which plaintiffs file libel suits against U.S. publishers in foreign jurisdict...


Ethics/Professional Responsibility

The very nature of our work brings a universal focus upon what we do and who we are. So ask yourself, what is the job descript...


Labor/Employment

The examination of franchise arrangements is a comparatively new branch of the age-old independent contractor versus employee ...