U.S. Supreme Court, Civil Litigation, Constitutional Law, California Supreme Court
The exact nature of California’s standing doctrine
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
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
Push back on Treasury nondisclosure rule and new parking tax guidance
By Erin Bradrick
With the implementation of many provisions of the Tax Cuts and Jobs Act, the drama surrounding the Donald J. Trump Foundation,...
Family, Civil Rights
Anniversary brings no-fault divorce history into spotlight
By Nathalie Paluch
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
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 ...
Recruiting diverse attorneys begins with building an inclusive law firm environment
By G. Michelle Ferreira
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
Attorney-client privilege can be a thorny issue for in house counsel
By Jack H. Robbins
What is the obligation to protect this privilege if the attorney is an employee of the business, serving as general counsel?
Military service doesn’t automatically stay proceedings
By Hirbod Rashidi
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
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
A shift in the current: Update on Clean Water Act WOTUS rule
By Wendy L. Manley
The controversial definition of “waters of the United States,” aka WOTUS, which establishes the reach of federal jurisdiction ...
Intellectual Property
Investments and intellectual property: What you need to know
By Joseph Teleoglou
As an investor, you obviously want to make a smart decision and invest in a thriving, growing, and well-protected company, but...
Distributed ledger technology powers ahead in the energy sector despite the downturn in crypto markets.
Tax
Is it the time of the year to start sending ‘pay me next year’ requests?
By Robert W. Wood
“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
Defending against fee claims in copyright cases: get ahead
By Keith G. Adams
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
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...
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
Restrictions on corporate authority to file a bankruptcy petition
By David S. Kupetz
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
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
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
By Shari L. Klevens, Alanna G. Clair
Even in today's digital world, attorneys can drown in paper.
Law Practice, Alternative Dispute Resolution
Before you decide to settle your case, you should ‘try’ your case
By Robert S. Mann
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?
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
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...
Employing an increasingly endangered species known as “bipartisan compromise,” the U.S. Senate this week passed legislation de...
Law Practice
‘But isn’t it all online?’ Why you still need the law library
By Ryan Metheny
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
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
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
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
Zealous advocacy doesn’t mean you have to be a jerk
By Michael H. Leb
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
Looking beyond new training requirements for conservatorship attorneys
By Thomas F. Coleman
The Judicial Council has just released for public comment a set of new educational requirements for court-appointed attorneys ...