Four prominent cases, one expected within about the next 12 months, may contain critical guidance to public and private instit...
When police are in pursuit of a suspect matching a particular description shortly after a crime has been reported, any citizen...
Data Privacy
Can banks disclose your private information in a lawsuit?
By Gary S. Ganchrow
Although bank customers possess statutory and constitutional privacy rights in their bank records, at least one district court...
Insurance, Ethics/Professional Responsibility
Duties owed by Cumis counsel to the insurer
By J. Randolph Evans, Shari L. Klevens
An attorney serving as Cumis counsel can limit the risks of a claim by the insurer by complying with statutory obliga...
Law Practice, Ethics/Professional Responsibility
An anticipated evolution of fee-sharing
By David M. Majchrzak, Heather L. Rosing
If approved, new fee-sharing agreement rules will better protect clients by requiring that informed written consents be obtain...
Allows teachers, firefighters and service workers the opportunity to live where they work and reduce their commute times. By K...
U.S. Supreme Court
Confirmation consternation, brought to you by Bork
By Hirbod Rashidi
This year marks the 30th anniversary of Judge Robert Bork's nomination to the U.S. Supreme Court. Today's broken judicial conf...
On Wednesday, the U.S. Supreme Court will hear arguments on the constitutionality of the "disparagement provision" of the Lanh...
Last week, an appellate court said California's new law prohibiting the use of grand juries in police use of force cases is un...
Suggested resolutions for the busy patent lawyer. By Karineh Khachatourian ...
Litigation
Patent litigation means teaching hypertechnical topics
By William F. Abrams
Patent litigators need to make their complicated and difficult-to-pronounce subject matter fascinating and important in order ...
Investments
Possible changes loom for foreign investment regulator
By Nancy A. Fischer
Several recent events signal possible changes to the way the Committee on Foreign Investment in the United States analyzes nat...
Civil Litigation, Administrative/Regulatory
Inside agency class actions
By Michael D. Sant'Ambrogio, Adam S. Zimmerman
Federal agencies hear more cases each year than our federal courts. But agencies routinely avoid using tools that courts rely ...
Maybe we can learn from our forefathers, whose appellate judges only accept briefs outlining facts but no legal argument and t...
Heightened judicial scrutiny of content- or speaker-based commercial speech restrictions would help ensure that such restricti...
Something is wrong with a state budget that favors cannabis regulation over cybersecurity, and an California's law enforcement...
Last week's Senate Judiciary Committee hearings on Jeff Sessions powerfully demonstrated why he should not be confirmed for at...
Early neutral evaluation is particularly suited for large attorney fee cases before discovery commences, and sometimes even be...
Trial judges everywhere know that nothing settles a case like a firm trial date — unnecessary continuances be damned. By John ...
California Courts of Appeal
State Supreme Court closes an anti-SLAPP loophole
By Adam Regele
The court said that a lack of subject matter jurisdiction over a claim does not preclude a court from granting a special motio...
As America and the world ponder how best to put Trump's proclaimed skill set as dealmaker-in-chief and afflatus to good use, i...
You'll get an unexpected message from some states if you're ever convicted of a crime and then later exonerated: We're sorry f...
Litigation
Use of personal devices for work can lead to costly e-discovery disputes
By Andrew Cary
Companies need mobile device policies to protect themselves from possible employee text messaging discovery exposure. By Andre...
Labor/Employment
New regulations will benefit claimants in disability insurance cases
By Robert J. McKennon
Disability insurance regulations issued in late December will benefit claimants and should make it easier to understand the cl...
Plaintiffs struggle to find 'concrete injury'
By Jeffrey Rabkin
Concrete injuries resulting from Telephone Consumer Protection Act-prohibited phone calls are hard to prove, making Spokeo-dri...
Intellectual Property, Entertainment & Sports
The song remains the same: Internet exceptionalists argue against the application of law
By Neil Turkewitz
Reaching resolution of the complicated issues affecting freedom of speech, as well as commerce, in a manner that adequately ba...
Perspective
Uncertainty over unmanageability, Rule 23 PAGA defenses
By Michele Goldsmith
The hybrid nature of a PAGA action is ambiguous and courts are therefore divided in handling such claims. Particularly, which ...
Law Practice, Ethics/Professional Responsibility
Bar unleashes attorney blogging opinion
By Wendy Chang
Fresh on the heels of its prior opinion discussing confidentiality, the State Bar of California closed out 2016 with an ethics...
2017 will be an interesting tax year, as capital gains, itemized deductions, earned income tax rates, state tax deductions, ne...
Labor/Employment
Review employment law developments and trends from 2016
By Julie A. Vogelzang
For California employers, 2016 was a red banner year. We saw new laws, amendments to existing laws and significant rulings tha...