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9th U.S. Circuit Court of Appeals

Ruling ups likelihood high court will weigh in on class action question

Jan. 7, 2017
By Neal R. Marder, Ali R. Rabbani

On Tuesday, in a widely anticipated ruling, the 9thCircuit added its voice to the federal circuit split over class certificati...


Judicial Profile

David A. Rosen

Jan. 6, 2017
By Arin Mikailian

Superior Court Judge Los Angeles County (Los Angeles) ...



Corporate

When a strategic investor invests in a startup, it often results in an immediate and fundamental conflict of interest. By John...


Securities, Corporate

Private planes and director independence

Jan. 6, 2017
By Marc Boiron

The Delaware Supreme Court recently held that a director's co-ownership of a private airplane with the company's CEO and contr...



Tax, Banking

Coinbase's fight with IRS heating up

Jan. 6, 2017
By Dashiell C. Shapiro

The IRS is pushing to obtain identifying information on countless "John Does" who have used digital currencies like bitcoin on...


Perspective

Extremists mislead about oil and gas

Jan. 6, 2017
By P. Anthony Thomas

A recent appellate court ruling has ended a nearly two-year legal fight blocking a safe and affordable energy supply for San D...



Administrative/Regulatory

We'll always have the Paris Agreement

Jan. 6, 2017
By Eric Rothenberg

"Even if you are skeptical about the science of climate change, there is no escaping a swelling tide of climate-related regula...


Law Practice, Ethics/Professional Responsibility

Review the restrictions on attorney-client agreements

Jan. 6, 2017
By J. Randolph Evans, Shari L. Klevens

It is important that attorneys carefully review their fee agreements and engagement/retainer letters to ensure that they compl...



Law Practice, Ethics/Professional Responsibility

2016 in review: attorneys as defendants

MCLE
Jan. 6, 2017
By Kenneth C. Feldman, Alex A. Graft

Although there were no earth-shattering appellate opinions in cases against attorneys in 2016, attorney-defendants did achieve...


Civil Litigation

Anti-SLAPP and amended complaints

Jan. 5, 2017
By Joel McCabe Smith

A California Court of Appeal was recently called upon to determine the timeliness of an anti-SLAPP motion challenging not an i...



Transportation

Hacked automobiles are a threat we must deal with today

Jan. 5, 2017
By Jonathan A. Michaels

What has begun as a crude act of driving a vehicle into a crowd could morph into a cyberattack on vehicles on a mass scale. To...


Administrative/Regulatory

Look ahead to autonomous vehicle law in 2017

Jan. 5, 2017
By Michael W. Reynolds

With 2016 now in the rear view mirror, it is time to look forward to a year that promises self-driving cars on public roads in...



Litigation

Must a claimant who asserts an Unruh Act violation based upon Title II of the ADA as part of his claim also prove discriminato...


Litigation

Civil RICO questions linger

Jan. 5, 2017
By William Thomson

As civil RICO litigation grows, courts must decide whether interests in judgments qualify as "property" By William Thomson Sha...



Judicial Profile

Mary Kreber Varipapa

Jan. 4, 2017
By Arin Mikailian

Orange County Judge Mary Varipapa works hard to help people with substance abuse problems.


The California Court of Appeal was recently asked to apply the covenant of good faith and fair dealing to a primary insurer wh...



Perspective

Most of us do not reply to everything, but replies are helpful so clients, colleagues and co-counsel are all on the same page....


Law Practice

Four Twitter rules for Donald J. Trump

Jan. 4, 2017
By Dan Eaton

There lessons to be drawn from the history of presidential communication with the public that should enable Trump to make the ...



Insurance

Year in review: insurance law in 2016

Jan. 4, 2017
By Kirk A. Pasich

Last year, California courts rendered a number of interesting insurance coverage decisions. Here's a review of some of the mor...


Appellate Practice

You can't really understand the forest — the American justice system — in front of you unless you've already viewed some other...



Litigation

When the high court DIGs your dreams

Jan. 4, 2017
By Ben Feuer

If you're a corporation and you lose a big case in the federal appellate courts, having the U.S. Supreme Court grant certiorar...


Perspective

Fake news 'cure' could be worse than the disease

Jan. 4, 2017
By Jean-Paul Jassy

Rep. Darrell Issa recently said he intends to explore how Congress might answer the following question: "Where's the line of y...



Given the differing opinions among courts nationwide, the U.S. Supreme Court is expected to weigh in on this question in the n...


Alternative Dispute Resolution

What's on an arbitrator's mind

Dec. 31, 2016
By Douglas E. Noll

If you are appearing before arbitrators with any frequency, it might be useful to know what they think and fret about. By Doug...



Ethics/Professional Responsibility

Recently, the California Supreme Court accepted a case for review that could substantially increase all attorneys' adherence t...


Perspective

SLAPP happy in the appellate courts in 2016

Dec. 31, 2016
By Adam Regele

This year, state and federal appellate courts in California repeatedly grappled with freedom of speech issues in numerous crit...



Alternative Dispute Resolution

Torts of another and the fight for fees

Dec. 31, 2016
By Ike M. Kaludi

The tort of another doctrine allows a California plaintiff or cross-complainant to seek all of his attorney fees as damages fr...


Law Practice, Ethics/Professional Responsibility

The law of lawyer conflicts in 2016

Dec. 31, 2016
By Wendy Chang

As the year draws to a close, it is a great time to take a moment to review the latest conflicts cases, and contemplate whethe...



Cases are meant to be published when they add a meaningful expansion to existing law or provide clarity to contested issues. <...


Intellectual Property

Ruling is sea change for design-patent cases

Dec. 30, 2016
By Stephen Larson

Earlier this month, the Supreme Court unanimously held that damages awards for design-patent infringement need not be the tota...