Civil Litigation, Intellectual Property, Corporate
Trademark infringement damages keep going, and going
By Richard L. Kirkpatrick
The law allows for substantial monetary awards, which can rapidly snowball beyond any true damage done to plaintiffs.
Civil Litigation, Intellectual Property
Questions remain 1 year into the DTSA
By Kurt A. Kappes, Karen Rosenthal
In the year since its enactment, approximately 70 cases asserting Defend Trade Secrets Act claims have been filed in Californi...
U.S. Supreme Court, Securities, Government, Corporate, Administrative/Regulatory
Supreme Court says SEC disgorgement is subject to 5-year limitations period
By Thomas A. Zaccaro, Nicolas Morgan
Last week, the Supreme Court ended a disagreement among the circuits about the application of the five-year limitations period...
Ethics/Professional Responsibility, California Supreme Court, State Bar & Bar Associations
Our bar exam pass point is simply arbitrary
By Robert C. Fellmeth
Two law professors have claimed that those who score low on the California bar exam suffer a higher incidence of bar disciplin...
The attorney general's recent memo on sentencing reform is a destructive step into the dark ages on the part of the federal go...
In May, the IRS showed continues suspicion about open source software distribution as a charitable endeavor, California AG Xav...
If adopted, the rule would broaden the definition of advertising in order to more broadly encompass new and emerging attorney ...
If one looks around the cast of characters in a law firm, or any organization, the parallels to Muppets can be surprisingly ea...
Civil Litigation, Intellectual Property, Corporate
The next phase of the Apple-Samsung design-patent saga
By J. Carl Cecere
Judge Lucy Koh has an opportunity to craft a standard that works for all patent holders. ...
Civil Litigation, Law Practice, Criminal
Rarely litigated drug law at play in Carrey suit
By Richard T. Collins
Actor and comedian Jim Carrey is facing wrongful death lawsuits regarding his deceased girlfriend. The cases will require the ...
Though our political culture tends to scorn real culture and candidates like to talk about their all-around regular Joe-dom, a...
San Diego's brand new state courthouse cost $555 million to build. It juts 22 stories and 396 feet above Columbia Street downt...
Law Practice
Are you on track for your annual goals?
By J. Randolph Evans, Shari L. Klevens
As the second quarter of 2017 comes to a close, now is a good time to reflect on whether you are taking the necessary steps to...
Ethics/Professional Responsibility
Avoid surprises by getting your retainer agreements right
By Jennifer A. Becker
Besides governing the monetary aspects of a case, retainer agreements are one tool to educate clients about settlements, expen...
Constitutional Law, California Supreme Court
Batson is back
By Laura Kelly, Mai Linh Spencer
For only the second time in over 25 years, the California Supreme Court has found that a peremptory challenge violated the con...
We often talk about the divide between law enforcement and the African-American community, but what about when the two meet?
U.S. Supreme Court, Immigration, Constitutional Law
Judicial review double standard
By John C. Eastman
The 4th Circuit's order upholding Trump's travel ban injunction amounts to a coup d'etat.
Securities, Banking, Administrative/Regulatory
Fiduciary rule for retirement investors set to take effect
By Doreen E. Lilienfeld, Matthew H. Behrens
Beginning June 9, brokerage houses and other retail market financial firms must adhere to "impartial conduct standards" when d...
U.S. Supreme Court, Labor/Employment
ERISA ruling is a win for church-affiliated organizations
By Michelle L. Roberts
The issue before the Supreme Court was a seemingly simple one: whether a church must have established a pension plan in order ...
Appellate Practice
Ruling reins in ability to decide out-of-state disputes
By Donald M. Falk
The U.S. Supreme Court has turned back a state court's aggressive effort to decide out-of-state disputes despite the limits on...
Two days after Memorial Day we found out that Los Angeles County is now home to 4,828 homeless veterans. ...
Intellectual Property, Entertainment & Sports
Courts appear happy together on sound recordings
By Delia Ramirez
High courts in California, New York and Florida are all considering the performance rights that exist for pre-1972 recordings....
It requires patience, trust and hard work. Results might not be seen for months or even years, but if you trust the process, t...
Courts of Appeal are split on appeal of post-judgment order
By Johnny White
There is a scarcity of interesting published authority concerning the Enforcement of Judgments Law. And a recent decision is r...
Government, Environmental & Energy, Administrative/Regulatory
Bill is the next phase of cap-and-trade in California
By Joshua A. Bloom
Senate Bill 775 would significantly revamp change the way carbon credits and offsets are addressed in California's groundbrea...
Government, Environmental & Energy, Administrative/Regulatory
We'll always have Paris... until 2020
By Daniel A. Farber
The fundamental flaw in Trump's argument about the benefits of leaving the Paris Agreement is his misunderstanding of how the ...
Criminal, Civil Rights
Back to the future with Jeff Sessions
By Marc Mauer, Kara Gotsch
Sessions' effort to revive decades-old thinking about crime and punishment will inevitably contribute to a rise in the federal...
State Bar & Bar Associations
When bar exam scores go low, discipline rates go high
By Robert Anderson IV, Derek T. Muller
Understandably, our recent study has been controversial. Much surrounds things the study does not purport to say, and we hope ...
Government, Administrative/Regulatory
California gets serious about cannabis label regulations
By Andrew Kaver
After many years of being derided as the Wild West of medical cannabis California has finally begun crafting regulations that ...
Immigration, Government
A chance to clarify the expedited removal process
By Robyn Barnard
The 3rd Circuit should err on the side of protecting asylum seekers in a case which will clarify the reaches of the expedited ...