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Civil Litigation, Intellectual Property

Drafting patent settlements and licenses: 5 rules

Apr. 18, 2018
By Nicholas A. Brown

Patent licenses are often negotiated and agreed to at a high level. Below are five default rules worth remembering.


Government, Administrative/Regulatory

Lawmakers now at least have the right question

Apr. 17, 2018
By Anita Taff-Rice

If nothing else comes of the two days of testimony by Facebook chief executive Mark Zuckerberg to the members of the U.S. Sena...


Civil Litigation, Law Practice

Edith Matthai is the lawyer's lawyer

Apr. 17, 2018
By James R. Rosen

Growing up in California’s Central Valley, a high school guidance counselor offered her only three realistic career choices: t...


U.S. Supreme Court, Native Americans, Environmental & Energy, Constitutional Law

High court to hear tribal fishing rights arguments

Apr. 17, 2018
By Richard M. Frank

On Wednesday, the justices will consider: A 164-year old treaty. Native American fishing rights. Dwindling migratory salmon st...


Immigration, Government, Constitutional Law

The travel ban and the US Supreme Court

Apr. 17, 2018
By Erwin Chemerinsky

The court needs to provide an emphatic and clear answer that this is never permissible and therefore the travel ban is illega...


Civil Litigation, Contracts

Could an overlooked theory help Stormy Daniels win her case?

Apr. 17, 2018
By J. Benjamin Blakeman

If what she said is true, Clifford should seek leave to amend her pleading to assert this theory, before it is too late.


Civil Litigation, California Supreme Court, California Courts of Appeal, Appellate Practice

Unpublished opinion review blues

Apr. 16, 2018
By Christopher D. Hu

The California Supreme Court does review unpublished opinions, but rarely


Civil Litigation, Law Practice

Show us the money!

Apr. 16, 2018
By Jason D. Russell, Hillary A. Hamilton

Wisconsin has enacted a first-of-its-kind law requiring disclosure of third-party financing. Are litigation funder concerns ov...


Civil Litigation, Law Practice, Appellate Practice

Navigating Appeals

MCLE
Apr. 16, 2018
By Gary A. Watt

Set sail on a voyage through the California Rules of Court for civil appeals. The booty: MCLE credit.


Mergers & Acquisitions, Corporate

How is the Tax Cuts and Jobs Act affecting M&A?

Apr. 16, 2018
By Megan Lisa Jones, Alexander M. Lee

When evaluating the act’s impact on mergers and acquisitions, corporate and pass-through entity provision changes must also b...


U.S. Supreme Court, Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals

Justices should take LAX labor case

Apr. 13, 2018
By Mark S. Ross, John D. Ellis

The Supreme Court should grant certiorari in this case to correct the 9th Circuit’s misapplication of the market participation...


Law Practice, Law Office Management, Ethics/Professional Responsibility

Avoiding the problem of vicarious disqualification

MCLE
Apr. 13, 2018
By Linda W. Greenberg

In some cases, an entire law firm can be disqualified if the firm hires an attorney who has acquired, or could possibly have a...


State Bar & Bar Associations, Law Practice

More training needed for conservatorship attorneys

Apr. 13, 2018
By Thomas F. Coleman

Proposed revisions to the Rules of Court would modify the rules for attorneys in conservatorship proceedings.


The possibility of a California estate tax is only one more reason to engage in sophisticated estate tax planning now, while t...


Family

Is it possible through legislation to strengthen the institution of marriage? Legislating to make the law regarding standstill...


Civil Litigation, Education Law, Criminal

If you are a lawyer taking a Title IX case, even if the facts are clearly in favor of the victim or the suspect, it may be a l...


U.S. Supreme Court, Criminal, Constitutional Law

A duty to de-escalate

Apr. 12, 2018
By Adrienna Wong

It’s time for a new standard: Police should be legally required to de-escalate or use alternatives to deadly force whenever po...


Intellectual Property, Entertainment & Sports

Artists are already using the technology to allow consumers to directly purchase and download music.


Tax

Should you report 1031 exchanges of bitcoin?

Apr. 12, 2018
By Robert W. Wood

You might still think that the biggest tax debate about bitcoin and other cryptocurrency is about whether you should or should...


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

Qualified immunity has gone too far

Apr. 11, 2018
By Robert L. Bastian Jr.

A recent ruling is only the latest accretion in the U.S. Supreme Court’s application of legal doctrine entirely unhinged from ...


Civil Litigation, Administrative/Regulatory

Companies get some relief in automatic dialing system ruling

Apr. 11, 2018
By Michael L. Mallow, Rachel A. Straus

A recent ruling rolled back the FCC’s broad definition of “automatic dialing system” under the Telephone Consumer Protection Act.


Civil Litigation, Intellectual Property

Courts are grappling with claims that comprise an innovative method performed within an ordinary computer that does not improv...


Real Estate/Development, Civil Litigation

Courts favor tenants on emotional support animals

Apr. 11, 2018
By Michael J. Rubino

The number and variety of emotional support animals seem to expand yearly. Also expanding is the amount of litigation involvin...


Labor/Employment, Intellectual Property

Don’t let trade secrets walk out the door with departing employees

Apr. 11, 2018
By Travis J. Anderson, Paul S. Cowie

There are important steps that can be taken to both mitigate the harm and prevent future problems when an employee with access...


Civil Litigation, Construction, California Courts of Appeal, Appellate Practice

A win for broad indemnity (and defense) provisions

Apr. 10, 2018
By Garret D. Murai

While parties generally understand the intent behind indemnity provisions, few understand how they are actually applied.


U.S. Supreme Court, Immigration, Constitutional Law

The U.S. Supreme Court will first review an act of President Donald Trump’s leadership on April 25 in Trump v. Hawaii.


Health Care & Hospital Law, Government

California needs more proactive leadership on youth mental health

Apr. 9, 2018
By Patrick H. Gardner, Nisha S. Ajmani

Lawsuits should not be the first recourse to sound mental health policy and effective programs.


Law Practice, Books

A casual shift from economist to philosopher

Apr. 9, 2018
By Corbin K. Barthold

Corbin Barthold reviews Steve Pinker’s latest book, “Enlightenment Now: The Case for Reason, Science, Humanism, and Progress.”


Government, Administrative/Regulatory

FDA issues first-of-its-kind recall

Apr. 9, 2018
By Pooja S. Nair

Last week, the Food and Drug Administration exercised its mandatory recall authority under the Food Safety Modernization Act f...


Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals

Ruling addresses when a third-party acts as ERISA fiduciary

Apr. 6, 2018
By Robert J. McKennon, Stephanie L. Talavera

The 9th Circuit outlined the role that employers and others play as fiduciaries under ERISA, in order “to ensure that employee...