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U.S. Supreme Court, Judges and Judiciary, Government

A lawyer and a lying president

Jul. 17, 2017
By Michael L. Stern

It took the dogged fact-gathering and masterful cross-examination of Boston attorney Louis D. Brandeis to reveal the truth in ...


Government, Administrative/Regulatory

Cleaning Product Right to Know Act appears to be moving forward

Jul. 17, 2017
By Lindsey Heinz, Bridget Halbur

Similar to other consumer product disclosure bills the California Legislature has considered in recent years, the bill require...


Intellectual Property

Once dominated by Silicon Valley tech companies, the International Trade Commission now is hearing cases from a much more dive...


Appellate Practice

Statement of Facts: Part VII

Jul. 17, 2017
By Myron Moskovitz

This is the final installment of a series of seven columns on how to write an effective Statement of Facts. And it might be th...


Intellectual Property, Entertainment & Sports

Beatle’s settlement leaves open questions

Jul. 17, 2017
By Kenneth D. Freundlich, Michael J. Kaiser

A few weeks ago, Paul McCartney and music publisher Sony/ATV settled McCartney’s lawsuit asking a New York federal court to ru...


California Supreme Court, Appellate Practice

Court rules on PAGA discovery

Jul. 14, 2017
By Eve H. Wagner

A California Supreme Court ruling on Thursday could mean that employers will face even more claims under the Private Attorneys...


Law Practice

Talking Trial Tech with Paul Kiesel

Jul. 14, 2017
By Paul R. Kiesel

After a long absence, attorney Paul Kiesel returns to review some of the latest tech gadgets to help you along both in and out...


Letters, Government, Criminal

Column misrepresented Proposition 57

Jul. 14, 2017
By Alex L. Landon

The July 7 opinion piece, “Parole boards & public safety,” gives an erroneous portrayal of Proposition 57, which passed la...


Insurance, California Courts of Appeal

In spite of the Supreme Court’s continuing reaffirmation of the broad “potential for coverage” standard, policyholders continu...


Alternative Dispute Resolution

‘The Journey’ and the art of negotiation

Jul. 14, 2017
By Marc D. Alexander

A fictionalized account of the negotiations between Ian Paisley and Martin McGuinness leading to the 2007 power-sharing arrang...


Intellectual Property, Entertainment & Sports

With album revenues down, artists must brand

Jul. 14, 2017
By Delia Ramirez

Many artists are branching out of music and general merchandising to start businesses in related industries. To market and mon...


Intellectual Property, Ethics/Professional Responsibility

Leveling the playing field with patent pro bono

Jul. 14, 2017
By Benjamin A. Kimes, Erik Metzger

Let’s face it; it costs a lot to hire a patent practitioner. The cost of a patent practitioner is well beyond the means of a h...


Tax, Corporate

When audits become criminal investigations

Jul. 14, 2017
By Robert W. Wood

Tax audits are nobody’s favorite topic. Sometimes your number just comes up, although there are some things that make that mor...


California Supreme Court, Administrative/Regulatory

Ruling further erodes property rights

Jul. 14, 2017
By Jeremy B. Talcott

Last week, the California Supreme Court ruled against two Encinitas homeowners who challenged the California Coastal Commissio...


U.S. Supreme Court, Constitutional Law, Appellate Practice

Missed opportunity in takings decision

Jul. 13, 2017
By Bryan W. Wenter

In Murr v. Wisconsin, the Supreme Court missed a golden opportunity to provide clear guidance on how to identify the relevant...


Intellectual Property, California Courts of Appeal

‘Inevitable disclosure’ of trade secrets

Jul. 13, 2017
By Tyler M. Paetkau

California courts have long rejected the doctrine as incompatible with state law, but recent decisions suggest it may be avail...


Corporate

It has become ever clearer that no technology is enough to defeat a determined hacker. The increasing sophistication of socia...


Mergers & Acquisitions, Corporate

Ruling clarifies ability to ratify corporate acts

Jul. 13, 2017
By Marc Boiron, Morgan McCombe

The Delaware Court of Chancery ruled that Section 204 of the General Corporation Law of the State of Delaware could not be use...


Government, Administrative/Regulatory

Bill is an opportunity killer

Jul. 12, 2017
By James J. McDonald Jr.

The governor should veto AB 1565, which would increase the threshold for being exempt from overtime requirements.


Corporate, Contracts, Administrative/Regulatory

It’s time to reform the False Claims Act

Jul. 12, 2017
By Matthew Zandi

The FCA has proven to be ineffective at preventing fraud and encouraging ethical corporate behavior.


California Supreme Court, Antitrust & Trade Reg.

Antitrust and the State Bar of California

Jul. 12, 2017
By Robert C. Fellmeth

It looks as if the California Supreme Court is taking a lead role in California and nationally to comply with applicable feder...


Corporate

Not-for-profits must recognize funds earlier

Jul. 11, 2017
By Megan Lisa Jones

New accounting standards address not-for-profit financial statements, while accelerating the recognition of incoming funds.


Government, Constitutional Law

Christie v. NCAA: What’s really at stake?

Jul. 11, 2017
By Christopher L. Soriano

A lawsuit brought by the state of New Jersey that sought to allow sports betting recently stepped onto the national stage.


Contracts, Construction, California Courts of Appeal

There are the plans, the specifications, the general conditions, the special conditions, the addenda, the prime contract, the ...


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

Second Amendment is not a second-class right

Jul. 11, 2017
By C.D. Michel

Does the right to bear arms extend outside the home? Last month, the Supreme Court declined to review a case that could have a...


Securities, Civil Litigation, Government, Corporate, Appellate Practice, Administrative/Regulatory

DC Circuit ruling confirms split on SEC’s use of in-house judges

Jul. 10, 2017
By Nicolas Morgan, Sam S. Puathasnanon

This decision confirms a circuit split over the legality of the SEC’s administrative proceedings under the appointments clause...


U.S. Supreme Court, Government

90 days of Neil

Jul. 10, 2017
By Julie A. Werner-Simon

What have we learned about Justice Neil Gorsuch from his first 90 days on the bench? Hint: There are few surprises.


California Supreme Court, Appellate Practice

The final word: civil law at the state high court

Jul. 10, 2017
By Joseph M. Lipner, Bj Ard

Our state Supreme Court must continually define and distinguish legally dispositive categories under both federal and state law.


Bankruptcy

9th Circuit decision addresses cramdown valuation

Jul. 10, 2017
By David S. Kupetz

The en banc panel addressed a cramdown plan where the central issue was the valuation of the secured creditor’s collateral whe...


Entertainment & Sports

Presidents and the American pastime

Jul. 10, 2017
By James Attridge

Herbert Hoover once said: “Next to religion, baseball has had a greater impact on our American way of life than any other Amer...