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U.S. Supreme Court, Civil Litigation, Constitutional Law, California Supreme Court

The exact nature of California’s standing doctrine

MCLE
Dec. 31, 2018
By Michael D. Harbour

California judges disagree about the exact nature of California’s standing doctrine, in particular the extent to which it mirr...


U.S. Supreme Court, Constitutional Law, California Supreme Court

Realigning takings law in California

Dec. 28, 2018
By Michael M. Berger

A recent Court of Appeal decision raised the issue of realigning California takings law with paramount federal authority. Why ...


Tax, Government

With the implementation of many provisions of the Tax Cuts and Jobs Act, the drama surrounding the Donald J. Trump Foundation,...


Family, Civil Rights

The 50-year anniversary of California’s signing of the first no-fault law warrants a look back on the history of what this mom...


Law Practice, California Supreme Court, State Bar & Bar Associations

The faulty standard used for the California Bar Exam

Dec. 28, 2018
By Mitchel L. Winick

Separate but equal ... strength and agility tests ... don’t ask, don’t tell ... the history and laws of the United States are ...


Potential hires want to see a firm is advancing equal opportunity in all aspects of operations and practice, and taking concre...


Law Practice, Ethics/Professional Responsibility

What is the obligation to protect this privilege if the attorney is an employee of the business, serving as general counsel?


Family law proceedings almost exclusively deal with state law. At times, however, federal law issues come into play and when t...


U.S. Supreme Court, Civil Litigation, Admiralty/Maritime

Personal injury on the high seas

Dec. 26, 2018
By Molly Henry

The case asks whether punitive damages are available in a crewmember’s personal injury suit alleging a violation of the genera...


Environmental & Energy, Administrative/Regulatory

The controversial definition of “waters of the United States,” aka WOTUS, which establishes the reach of federal jurisdiction ...


Intellectual Property

As an investor, you obviously want to make a smart decision and invest in a thriving, growing, and well-protected company, but...


Environmental & Energy

Blockchain and energy: hope or hype?

Dec. 26, 2018
By Buck Endemann

Distributed ledger technology powers ahead in the energy sector despite the downturn in crypto markets.


“Pay me next year” requests are common with employers, suppliers, vendors, customers and more. And this time of year, many peo...


Civil Litigation, Intellectual Property

A few simple steps, taken early in the litigation, can make the difference between a favorable early settlement and a large fe...


U.S. Supreme Court, Civil Litigation, Intellectual Property

Willful Infringement and enhanced damages, post-Halo

MCLE
Dec. 24, 2018
By Brian P. Biddinger, Cary E. Adickman

Though courts have tried to make it easier for accused infringers to predict their liability exposure by articulating specific...


Appellate Practice

Decoding the shot clock on appeal

Dec. 24, 2018
By Charles M. Kagay

Sports cognoscenti say the shot clock -- a 24-second limit on possession of the basketball before taking a shot -- saved the N...


Corporate, Bankruptcy, 9th U.S. Circuit Court of Appeals

The 9th Circuit recently reached the unsurprising conclusion that former board members lacked the power to authorize the filin...


Law Practice, Ethics/Professional Responsibility

The case for adding empathy to your legal practice

Dec. 24, 2018
By Jan Frankel Schau

In his 1989 Inaugural Speech, the late President George H.W. Bush famously stated: “America is never wholly herself unless she...


Civil Litigation, Intellectual Property

A potential source of disharmony in claim construction standards

MCLE
Dec. 21, 2018
By Jim Glass, Samuel Jacobs

We recently wrote about how the Patent Office’s new rule could create disharmony in claim construction. Today we discuss the p...


Law Practice, Law Office Management

Tips for addressing document retention issues

Dec. 21, 2018
By Shari L. Klevens, Alanna G. Clair

Even in today's digital world, attorneys can drown in paper.


Law Practice, Alternative Dispute Resolution

Our cognitive bias prevents us from learning the lessons that experience can teach us -- this is the point: bias clouds our ab...


Civil Litigation, Entertainment & Sports, Constitutional Law

Will the high court hear de Havilland’s case?

Dec. 21, 2018
By Kevin L. Vick

Actress Olivia de Havilland has an enviable resume. Now 102 years old, de Havilland seeks to leave yet another mark on the ent...


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

Dueling proposals signal 2019 will be the year of Dynamex

Dec. 20, 2018
By Benjamin M. Ebbink

It is clear that the dominant policy issue in California will focus on the ramifications of the California’s Supreme Court’s l...


Government, Criminal

Bill walks back tough-on-crime policies

Dec. 20, 2018
By Arash Hashemi

Employing an increasingly endangered species known as “bipartisan compromise,” the U.S. Senate this week passed legislation de...


In today’s interconnected, online world, public law libraries have evolved with the times. They are much more than that place ...


Government, Administrative/Regulatory

A new year means new avant garde and offbeat laws for California

Dec. 20, 2018
By Richard H. Lee, Glenn R. Coffman

While many new and important laws go into effect on Jan. 1, there are also those that showcase our quirky, trendsetting and di...


Government, Environmental & Energy, Administrative/Regulatory

Brown will leave office having set ambitious climate goals

Dec. 20, 2018
By Rosanna Carvacho, Teresa Cooke

Taken together, Senate Bill 100 and Executive Order B-55-18 to Achieve Carbon Neutrality set California — one of the world’s l...


Government, Corporate, Administrative/Regulatory

Marriott bought a hotel... and a massive data breach

Dec. 19, 2018
By Anita Taff-Rice

When Marriott International purchased Starwood in 2016, it became the world’s largest hotel chain. Unbeknownst to Marriott, it...


Law Practice, Ethics/Professional Responsibility

I recently defended a deposition for the first time in many years, having become a full-time neutral about 10 years ago. My ex...


Law Practice

The Judicial Council has just released for public comment a set of new educational requirements for court-appointed attorneys ...