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Education Law, Criminal

Due process and on campus sexual assault

Jan. 20, 2017
By David Urban

Four prominent cases, one expected within about the next 12 months, may contain critical guidance to public and private instit...


Perspective

Study casts doubt on use of 'showups'

Jan. 20, 2017
By Mitchell L. Eisen

When police are in pursuit of a suspect matching a particular description shortly after a crime has been reported, any citizen...



Data Privacy

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

Jan. 20, 2017
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

MCLE
Jan. 20, 2017
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...


Perspective

SB 1069: Affordable housing incentives

Jan. 19, 2017
By Katherine Brandenburg

Allows teachers, firefighters and service workers the opportunity to live where they work and reduce their commute times. By K...



U.S. Supreme Court

This year marks the 30th anniversary of Judge Robert Bork's nomination to the U.S. Supreme Court. Today's broken judicial conf...


Perspective

Offensive trademark arguments at high court

Jan. 19, 2017
By Blaine H. Evanson

On Wednesday, the U.S. Supreme Court will hear arguments on the constitutionality of the "disparagement provision" of the Lanh...



Criminal

Grand juries and police use of force

Jan. 19, 2017
By Jerry P. Coleman

Last week, an appellate court said California's new law prohibiting the use of grand juries in police use of force cases is un...


Perspective

New Year's resolutions for IP lawyers

Jan. 19, 2017
By Karineh Khachatourian

Suggested resolutions for the busy patent lawyer. By Karineh Khachatourian ...



Litigation

Patent litigators need to make their complicated and difficult-to-pronounce subject matter fascinating and important in order ...


Investments

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

Jan. 18, 2017
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 ...


Appellate Practice

On appeal, should we do as the Brits do?

Jan. 18, 2017
By Myron Moskovitz

Maybe we can learn from our forefathers, whose appellate judges only accept briefs outlining facts but no legal argument and t...



GC Email

Heightened judicial scrutiny of content- or speaker-based commercial speech restrictions would help ensure that such restricti...


Perspective

Criminal record: [file missing]

Jan. 18, 2017
By Anita Taff-Rice

Something is wrong with a state budget that favors cannabis regulation over cybersecurity, and an California's law enforcement...



Government, Civil Rights

My case against Jeff Sessions for AG

Jan. 18, 2017
By Erwin Chemerinsky

Last week's Senate Judiciary Committee hearings on Jeff Sessions powerfully demonstrated why he should not be confirmed for at...


Judges and Judiciary

Resolve large fee disputes effectively

Jan. 14, 2017
By Richard Chernick

Early neutral evaluation is particularly suited for large attorney fee cases before discovery commences, and sometimes even be...



Perspective

Lessons from the economic theory of settlement

Jan. 14, 2017
By John Shepard Wiley Jr.

Trial judges everywhere know that nothing settles a case like a firm trial date — unnecessary continuances be damned. By John ...


California Courts of Appeal

The court said that a lack of subject matter jurisdiction over a claim does not preclude a court from granting a special motio...



Government

The art of US presidents making deals

Jan. 14, 2017
By James Attridge

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...


U.S. Supreme Court

Property rights by fiat

Jan. 14, 2017
By Ethan Blevins

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...



Companies need mobile device policies to protect themselves from possible employee text messaging discovery exposure. By Andre...


Labor/Employment

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'

Jan. 13, 2017
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

Reaching resolution of the complicated issues affecting freedom of speech, as well as commerce, in a manner that adequately ba...



Perspective

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

MCLE
Jan. 13, 2017
By Wendy Chang

Fresh on the heels of its prior opinion discussing confidentiality, the State Bar of California closed out 2016 with an ethics...



Perspective

2017 will be an interesting tax year, as capital gains, itemized deductions, earned income tax rates, state tax deductions, ne...


Labor/Employment

For California employers, 2016 was a red banner year. We saw new laws, amendments to existing laws and significant rulings tha...