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Columns

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Constitutional Law, Judges and Judiciary, U.S. Supreme Court, Civil Rights

In 1962, Dorothy and Lincoln Mulkey were living and working in Santa Ana in pursuit of the American Dream.


Judges and Judiciary

His extraordinary legal career and life in the service of others reflected the great courage with which he served as a United ...



Appellate Practice, Judges and Judiciary

Perfectly acceptable words can become detestable through overuse and misuse. "Incredibly" and "iconic" vie for first place on ...


Civil Litigation, Intellectual Property, Year in Review Column, U.S. Supreme Court

Earlier this year, the U.S. Supreme Court made clear that venue in patent cases based on where a corporation "resides" is limi...



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

A federal lawsuit filed in the Southern District of California provided a key link in the evolutionary chain of school desegre...


Labor/Employment, Corporate

I have to join in the chorus of voices asking: How can this be? Who is to blame? What can we do?



U.S. Supreme Court, Military Law, Government, Civil Rights

In the early 1980s, I had the honor of representing a group of 11 Japanese-American World War II soldiers. Each soldier had co...


Government, Judges and Judiciary

Since the current focus in Washington is on the nomination of Neil Gorsuch to the U.S. Supreme Court, it is easy to overlook t...



Judges and Judiciary, Civil Litigation, Civil Rights

Doss v. Bernal was filed in 1943. The plaintiffs alleged that permitting Mexicans to live in the neighborhood would cause them...


Civil Rights, Administrative/Regulatory, Government, Military Law

The Veterans Appeals Improvement and Modernization Act of 2017 raises serious due process issues and procedural barriers acut...



Administrative/Regulatory, Native Americans, Family

While the Indian Child Welfare Act has its detractors, numerous national child welfare organizations tout it as the "gold stan...


Administrative/Regulatory, Intellectual Property, Government

Although cannabis remains a Schedule I drug under federal law, the U.S. Patent Office is issuing utility patents and plant pat...



California Supreme Court, Labor/Employment, Government

If we continue to "kick the can down the road," we do so at our own peril: Budgets could be slashed, services curtailed and ta...


Judges and Judiciary

Brief encounter

Nov. 6, 2017

On an unacceptable phenomenon and a brief encounter in the air.



Securities, Corporate, Administrative/Regulatory

Shortly after the major Equifax hack, the SEC and Department of Justice opened insider trading investigations based on allegat...


Corporate, Labor/Employment

A recent Delaware Court of Chancery decision serves as a good reminder regarding best practices and current laws when Californ...



Transportation, Corporate, Administrative/Regulatory

Last week, Nissan added its name to a long list of automotive manufacturers who have been ensnared in public controversy over ...


Administrative/Regulatory, Government, Securities

On Sept. 29, the SEC issued its first civil complaint against two companies and their founder for violating anti-fraud and re...



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

As Justice Breyer intimated, a Supreme Court decision allowing employer prohibitions on employee class actions would "overturn...


Corporate, Civil Litigation, Law Practice

Wouldn't it be nice to have everything one needs to know collected in one place? Enter "Business and Commercial Litigation in...



Administrative/Regulatory, Transportation, Government

A federal judge recently held that portions of the city of Newton, Massachusetts's ordinance attempting to regulate unmanned a...


Contracts, Civil Litigation, Corporate

Contracting parties might agree to a forum selection clause for any number of reasons: to ensure favorable legal precedent, to...



Government, Constitutional Law, U.S. Supreme Court, Labor/Employment

Time to overrule Abood

Oct. 2, 2017

The U.S. Supreme Court described laws that empower unions to coerce funds from non-union members as an “extraordinary state en...


Civil Rights, Criminal

Crime and algorithms

Sep. 29, 2017

There is a cost to be paid for the myriad benefits society derives from the use of algorithms. An occasional “date from hell,”...



Civil Rights, U.S. Supreme Court, Constitutional Law

So here’s where we are in Masterpiece Cakeshop: The lineup of eight of the justices is pretty clear, 4-to-4.


Administrative/Regulatory, Government, California Supreme Court

A city manager’s personal cellphone buzzes in the early morning hours with notice of a string of urgent texts advising about t...



Corporate, Administrative/Regulatory, Securities, Government

Chairman Jay Clayton of the U.S. Securities and Exchange Commission has reaffirmed that “[c]ybersecurity is an area that is vi...


U.S. Supreme Court, Criminal

The justices should take up U.S. v. Nosal to clarify the scope of the Computer Fraud and Abuse Act -- the statute was intended...



U.S. Supreme Court, Constitutional Law

Over the summer, Oregon federal public defenders asked the U.S. Supreme Court to review Mohamud v. United States, a terrorism ...


Civil Litigation, Alternative Dispute Resolution

Counsel should not assume that a general choice-of-law clause will dictate what law applies to threshold arbitrability issues ...