International Law, Intellectual Property
German move to limit injunctions in patent suits aligns with US law
By Christian E. Mammen
Earlier this month, the German parliament adopted a new law designed to limit the availability of injunctions in patent infrin...
I’ve played a bit of poker with friends, never for high stakes and never with any expertise. I’ve never played at a casino or ...
Many people might say that cheating on your taxes is the best way to get into serious trouble with the IRS. They would be part...
Labor/Employment, California Supreme Court
Questions linger after state high court upholds ‘California Rule’
By David E. Mastagni
The opinion permitted the California Legislature to address perceived pension abuses, even if the modification reduces some em...
Health Care, Pharmaceuticals, Biotech, Government, Criminal
On anniversary of War on Drugs, Congress looks to shift approach
By Grey Gardner
While many other nations around the world have enacted broad reforms in recent decades to replace criminal sanctions with heal...
Law Practice, Civil Litigation, Alternative Dispute Resolution
Third-party discovery in arbitration: Be careful what you ask for
By Amy Semmel
The repercussions of Aixtron, Inc. v. Vecco Instruments, Inc., which limited the authority of arbitrators to issue discovery s...
Law Practice
Law firm planning for a post-pandemic world
By Daniel O'Rielly, Dena Roche
Try a thought experiment with us. Assume that you are approached by a business client whose industry has just experienced its ...
Constitutional Law
Overturning assault weapon ban sets dangerous precedent
By Hannah Shearer, Lisa Tu
A federal judge’s recent opinion striking down California’s assault weapons ban has gained attention for its contrarian view t...
Constitutional Law
Ruling in gun case rightfully rejected well-practiced talking points
By C.D. Michel
The court scrutinized the state’s “evidence” submitted at trial to justify the law, found it inadequate, and declared Californ...
Intellectual Property
The importance of brands to businesses in the post-COVID economy
By Dariush G. Adli
A key for California businesses to get an advantage in the highly competive and inceasingly global post-COVID economic era is ...
Law Practice, Family
Flawed court rule, forms invite erroneous rulings in juvenile court
By Susan E. Seager, Benjamin Whittle
For the past 15 years, California journalist Garrett Therolf has filed some 40 petitions unsealing juvenile case files reveali...
Intellectual Property
Practical considerations for joint defense groups in patent cases
By Roman A. Swoopes
Although the Leahy-Smith America Invents Act made it harder for patent holders to sue multiple, unrelated defendants for paten...
Criminal, 9th U.S. Circuit Court of Appeals
Ruling says improper admission of character evidence warrants new trial
By Dmitry Gorin, Alan Eisner
The 9th Circuit vacated the defendant’s convictions for two counts of assault, while affirming her conviction for making false...
The decision of a federal court in San Diego to strike down the California ban on assault weapons is one of the most extreme g...
Law Practice
How to make a deal when the parties still want to fight
By Christopher C. Melcher
When a long-term personal or business relationship sours, exiting that relationship isn’t easy. Lasting agreements cannot be r...
Technology, Civil Litigation
Class action: Spyware by another name is still spyware
By Anita Taff-Rice
The lawsuit alleges that users are not informed or asked for consent to have their activities and personal information are cap...
Attorneys are expected to be zealous in the pursuit of justice for their clients. There is though a limit to this ardent goal,...
During the height of the pandemic, amidst tremendous uncertainty in terms of both health and business, a wait-and-see environm...
Tax, Government
Much higher capital gain rates are aleady in effect, any good news?
By Robert W. Wood
The Biden administration's so-called "Green Book" has nothing to do with the environment, and everything to do with taxes, or ...
Judges and Judiciary
Judicial outreach beats COVID: Transitions to virtual platforms
By Richard L. Fruin, Diane Ritchie
COVID-19 restrictions required adaption in all walks of life, particularly in public forums. The justice system learned to ada...
Government, Constitutional Law
The long reach of the California Constitutional Convention
By Donald E. Warner
Some decisions of the 1849 California Constitutional Convention still have relevance
Criminal
Unless crime rates drop, the Battle of Gascón will continue
By Adrian Verduzco
District Attorney George Gascón was elected on promises that he would reform and reshape the justice system in Los Angeles, th...
Hours after President Joe Biden “strongly supported” moving Major League Baseball’s All-Star Game from Georgia, the league com...
Tax, Land Use
IRS: opportunity zone sites will not be redrawn due to census
By Phil Jelsma
Developers who were hoping for an expansion of opportunity zones recently got some disappointing news.
Family, Civil Litigation
Competency in the civil litigation arena
By Scott J. Nord
The following question was posed during a roundtable discussion: “What steps can a court take when it determines that a self-r...
U.S. Supreme Court
3 key takeaways from Supreme Court's CFAA decision
By Jonathan H. Blavin, Nicholas D. Fram
The U.S. Supreme Court handed down its first substantive interpretation of the Computer Fraud and Abuse Act on June 3 in Van B...
Labor/Employment
NLRB’s Republican majority leaves contract-bar doctrine intact
By Maria Anastas
Last summer, the National Labor Relations Board asked for public input as to whether it should rescind, modify or simply retai...
Technology, Law Practice, Ethics/Professional Responsibility
Stockpiling of AI-generated legal postures creates an ethical dilemma
By Lance Eliot
Lawyers craft legal arguments for their court cases. AI-based legal reasoning systems will be able to assist in such efforts a...
Technology, Tax
Treasury may publish rules for reporting cryptocurrency transactions
By Robert W. Wood
The Treasury Department is expected to publish new rules to say that businesses that receive crypto worth more than $10,000 wo...
Securities, Government
Congress sets sights on insider trading legislation
By Thomas A. Zaccaro, Nicolas Morgan
The House of Representatives recently passed the Insider Trading Prohibition Act, a bill that, if passed by the Senate, would ...