Intellectual Property, Civil Litigation
Induced infringement ruling could have far-reaching effects
By Daniel Knauss, Alissa Wood
A recent Federal Circuit ruling has potentially far-reaching impacts in cases involving allegations of induced infringement.
Law Practice, Ethics/Professional Responsibility
When an attorney is sick, who and when must they tell?
By Shari L. Klevens, Alanna G. Clair
With flu season approaching and the COVID-19 pandemic enduring, there is extreme concern about the possibility of getting sick...
The latest instance involves Goldman Sachs, which is paying about $2.9 billion to settle its role in the 1MDB scandal.
Constitutional Law
This land is your land, but Malibu won’t let you tell anyone
By Christopher M. Kieser
Whether you live in a city, a suburb, or out in the country, you have probably seen a “private property” or “no trespassing” s...
Construction, Appellate Practice
Appellate ruling confirms duty to defend is immediate
By Garret D. Murai
A recent decision confirms that the duty to defend is immediate and, as can be surmised from the Crawford decision although it...
The Double-O designation gives Bond a license to kill, but when lawyers misuse it, they’re merely abusing their license to ill.
Law Practice, Judges and Judiciary
Commission on Judicial Performance adopts amended rules
By Kathleen Ewins, David McMonigle
This year, the commission considered amendments to six rules — Rule 115 (Notice of Tentative Public Admonishment); Rule 116 (P...
U.S. Supreme Court, Immigration, 9th U.S. Circuit Court of Appeals
Who may enforce Congress’ appropriations powers
By Douglas A. Winthrop, Irvin Nathan
The U.S. Supreme Court recently decided to hear a pair of important 9th Circuit cases that seek to enjoin President Donald Tru...
Do alligators and crocodiles provide a blueprint for protecting commercial trade in wildlife?
By David Frulla, Bret Sparks
Last month, the Eastern District of California granted a preliminary injunction against the state of California regarding Pena...
Environmental & Energy
How to divide the groundwater pie and avoid legal challenges
By Christina Babbitt, Valerie C. Kincaid
Five years into California implementing the most sweeping change to state water law in a century, the first lawsuits are hitti...
Arthur Gilbert and I have some things in common: we both have two first names — only mine, Gilbert Arthur, sounds literary. An...
When I receive an appellant’s opening brief or respondent’s brief from my opponent, I print it out. Then I close my eyes and h...
Administrative/Regulatory
FDA proposes rule clarifying evidence for determining product’s intended use
By David M. Hoffmeister, James R. Ravitz
Recently, the U.S. Food and Drug Administration issued a statement and proposed rule clarifying the types of evidence that the...
Civil Litigation, California Courts of Appeal
Ruling requires public records act petitioners to post undertaking
By Ruthann G. Ziegler
In a recent ruling, the 3rd District Court of Appeal considered whether Code of Civil Procedure Section 529 requires parties g...
U.S. Supreme Court, Judges and Judiciary, Government
We shouldn’t appoint judges just because we can
By John H. Minan
Democratic presidential candidate Joe Biden has been peppered with questions about whether he will “pack the court” by adding ...
Technology, Law Practice
Infusing the dualism of both law and morality into AI
By Lance Eliot
There is an ongoing need to contend with differences between what the law states and what morality proffers. This is going to ...
Tax, Law Practice
Sometimes, legal settlements are taxed as capital gain
By Robert W. Wood
Legal settlements are usually taxed as income, and they are usually ordinary. That is the IRS default position. But the IRS is...
Law Practice, Ethics/Professional Responsibility
Communicating with clients and colleagues during COVID-19
By David M. Majchrzak, Heather L. Rosing
Speak to a risk management specialist in just about any industry, and they will tell you one of the best tools to prevent clai...
Labor/Employment
Navigating workers’ comp claims when employees work from home
By Neelu K. Khanuja
Approximately 31% of workers switched from working onsite to working at their home offices by the first week of April. This ch...
Law Practice, Ethics/Professional Responsibility
The future of advance conflict waivers in California
By Amy L. Bomse
This article considers where California law stands on broad advance conflict waivers in the wake of the California Supreme Cou...
Criminal, Constitutional Law, Civil Rights, California Supreme Court
Friends of the court, enemies of the death penalty
By Stephen F. Rohde
On Monday, Gov. Gavin Newsom told the California Supreme Court that "racial discrimination infects the administration of Calif...
Criminal, California Courts of Appeal
Appellate ruling gets 2-star review for interpretation of the CIPA
By Edward D. Totino
Earlier this month, the 1st District Court of Appeal issued an opinion that adheres to an unfortunate trend in some courts to ...
Civil Litigation, Administrative/Regulatory
Pitfalls of proposed amendments to CDA Section 230
By Daniel Rozansky, Cristy Jonelis
Recently proposed amendments to Section 230 of the Communications Decency Act will increase interactive computer service provi...
A judge I regularly practice in front of once confessed that “move-away” custody cases are the worst part of his job.
Labor/Employment, Covid Columns
The fallout from COVID-19 on group and individual disability claims
By Glenn R. Kantor
Some questions, and few answers, about the ramifications of COVID-19 on disability claims.
Technology, Government, Corporate, Antitrust & Trade Reg.
Is the DOJ’s Google antitrust lawsuit just the beginning?
By David W. Kesselman, Amy T. Brantly
While the lawsuit against Google is certainly a welcome beginning, it will take more than a single lawsuit to open up competit...
Environmental & Energy, California Supreme Court
California and Nevada take different views of public trust doctrine
By Roderick E. Walston
The Nevada Supreme Court recently issued a landmark decision interpreting the public trust doctrine that is fundamentally inco...
U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
Access to federal courts still denied to property owners
By Michael M. Berger
Neither I nor any of the numerous others who thought that the Supreme Court finally cleared the decks for federal court litiga...
Law Practice, Ethics/Professional Responsibility
Selfish civility?
By Michael P. Masuda
The idea is that we benefit, perhaps selfishly, by acting with civility and professionalism: by simply being nice.
Government, Civil Litigation
Ruling muddies the waters for H&S receivership cost recovery
By Samuel Emerson
A recent California appellate decision has injected some doubt into the ability of municipalities to recover their attorney fe...