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general/Criminal Law

The CFAA and the ‘inside hacker’ problem

Jun. 30, 2017
By Nimrod Haim Aviad, Janet I. Levine

Today, some consider the CFAA to be "one of the most far-reaching criminal laws in the United States Code"; others call it "the worst law in technology."

general/Litigation

Waymo v. Uber: A Harbinger of Fifth Amendment Challenges in Corporate Investigations?

Jun. 29, 2017

The great debate about driverless cars raises unanswered legal questions about the right against self-incrimination. By Joshua M. Robbins and Jamie E. Sutton


general/Contracts

Contractual attorney fees fundamentals

Jun. 26, 2017
By Matthew Ross

The objective of this article and self-study test is to review entitlement to attorney fees pursuant to contracts.

general/Criminal Law

Criminal competency in California courts

Jun. 23, 2017
By Chris Honigsberg

The procedure for determining competency for a criminal defendant confuses many attorneys, even criminal attorneys.


general/Insurance

An insurer's liability for failure to settle

Jun. 16, 2017
By Kirk A. Pasich

Insurers and insureds often disagree about whether a claim or lawsuit against an insured should be settled and if so, for how much. What should not be subject to disagreement is an insurer's duty to pay reasonable settlements.

general/Contracts

Indemnity Agreements and Negligence

Jun. 15, 2017

Does an indemnity agreement provide protection when the obligated party has not been negligent? The answer depends on the language used. By Brian McMahon


general/Constitutional Law

<i>Batson</i> is back

Jun. 9, 2017
By Laura Kelly, Mai Linh Spencer

For only the second time in over 25 years, the California Supreme Court has found that a peremptory challenge violated the constitutional prohibition against racial discrimination in jury selection.

general/Estate Planning

Accessing the Black Box

Jun. 1, 2017

The attorney-client privilege bars intrusion into communications between attorneys and their clients. But that protection may not apply in estate litigation. By Benjamin D. Fox


general/Constitutional Law

Courts diverge on commercial speech

Jun. 1, 2017
By Richard A. Samp

Recent U.S. Supreme Court decisions have granted ever-increasing First Amendment protection to commercial speakers. The 9th Circuit, however, seems to be moving in the opposite direction.

general/Internet Law

Maintain immunity under the Communications Decency Act

May. 26, 2017
By Samantha Beatty, Matthew Lubniewski

What should you do if users start using your client's website to post hateful, obscene or defamatory comments and images? User-posted content can damage your business image and, with the wrong set of facts, result in legal liability.