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U.S. Court of Appeals for the 9th Circuit

Justices to weigh religious hospital exemption

Dec. 14, 2016
By Darin D. Ranahan

The U.S. Supreme Court recently agreed to hear a set of cases which center on interpretation of the "church plan" exemption fr...


Government, Administrative/Regulatory

Will CFPB director's work be nullified?

Dec. 14, 2016
By Mark Chenoweth

A large portion of Richard Cordray's work as Consumer Financial Protection Bureau director could soon be scrapped because of ...


Changes to Rule 41 of Federal Rules of Criminal Procedure went into effect on Dec. 1, making it easier than ever for law enfor...


Judicial Profile

John McGregor

Dec. 14, 2016
By Arin Mikailian

Santa Barbara County Judge John McGregor has enjoyed his long journey through court system.


In "Trump and my affection for the legal profession," (November 23), Professor Reuel Schiller blames a "broken system" because...


Immigration

Immigration status: off limits come January

Dec. 13, 2016
By Chris Micheli

In August, Gov. Jerry Brown approved Assembly Bill 2159 by Assemblywoman Lorena Gonzalez, D-San Diego, which limits the use of...


California Supreme Court

Earlier this month, the California Supreme Court issued a unanimous decision in a pair of cases that raised the issue of wheth...


This is one of the most blatant areas in which U.S. law is becoming further out of sync with our needs. By Maya Shulman ...


Insurance, California Courts of Appeal

When "arising out of" is used in an insuring clause, there is full agreement among California courts that it should be broadly...


California Courts of Appeal

Another blow to California consumers

Dec. 13, 2016
By Prescott W. Littlefield

A recent opinion would be not too concerning if the arbitration provision at issue were some sort of anomaly, but, as it turns...


Perspective

President-elect Donald Trump and Republican congressional leaders have promised to repeal and replace the ACA. It appears a re...


Why do we feel "tired" in the evening? Because of really big cats, of course. By David M. Balabanian ...


Appellate Practice

Class actions are just no fun

Dec. 13, 2016
By Polly J. Estes

They can take f-o-r-e-v-e-r. In the latest round of one class action, the 9th Circuit will have yet another opportunity to wre...


Stop fretting about social media and instead harness its power to gain information and influence jurors. By Michelle Sherman


Perspective

Moving offices may make a lot of sense for a law firm, but a move implicates the firm's obligations to retain or destroy docum...


Administrative/Regulatory

The lighter side of California laws

Dec. 9, 2016
By Richard H. Lee

As attorneys, we are often charged with making some of the most important decisions in our clients' lives and usually, that in...


Technology & Science

While the hyperbole surrounding artificial intelligence sometimes nears hysteria, three initiatives attempt to bring multidisc...


What's a president to do after office?

Dec. 9, 2016
By James Attridge

President Obama shares much in common with that other tall lanky lawyer from Illinois, Abraham Lincoln, who after serving as p...


Among the proposed revisions to the California Rules of Professional Conduct are substantive changes to Rule 3-120, which gove...


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

Mandatory fee arbitration: a primer

MCLE
Dec. 9, 2016
By Kenneth E. Bacon

MFAs are a great way for lawyers to resolve fee disputes and avoid malpractice claims and State Bar complaints.


U.S. Supreme Court

Vagueness challenges are in vogue

Dec. 9, 2016
By Michael J. Raphael

A recent Supreme Court case striking down a law as unconstitutionally vague has quickly become the most frequently cited case ...


Tax, Banking

Hackers hold DA data hostage for a bitcoin ransom

Dec. 9, 2016
By Dashiell C. Shapiro

Pennsylvania's Allegheny County District Attorney's Office apparently paid a bitcoin ransom to protect the privacy of its own ...


Perspective

In 2010 and 2012, the San Diego County Water Authority filed lawsuits challenging rates charged by the Metropolitan Water Dist...


Labor/Employment

The good, the bad and the ugly of new sick leave guidance

Dec. 9, 2016
By Marie Burke Kenny, Lauren N. Vega

The Division of Labor Standards Enforcement recently provided guidance on the tricky subject of calculating paid sick leave fo...


GC Email

The Eastern District recently decided that California law supports combining the limits of consecutive policies if the occurre...


Perspective

Court limits phishing attack coverage

Dec. 9, 2016
By Karthik P. Reddy

Recently, the 5th Circuit weighed in on the ongoing debate surrounding the scope of computer-fraud coverage for a phishing sca...


Bankruptcy

In a recent ruling, the court became the first appellate court to consider whether the "Barton doctrine" applies to s...


Litigation

Copyright peril for apparel manufacturers

Dec. 9, 2016
By Todd M. Lander

While the apparel industry has been aflutter as the U.S. Supreme Court weighs the protection the Copyright Act affords the gra...


U.S. Supreme Court, Securities, Government, Corporate, Administrative/Regulatory

Insider trading questions remain

Dec. 9, 2016
By Thomas A. Zaccaro, Nicolas Morgan

On Tuesday, the U.S. Supreme Court issued a highly anticipated insider trading decision, the first time the court has addresse...


Intellectual Property

How to build Daubert-proof patent damages cases

Dec. 8, 2016
By Chris Marchese

Patent damages, no longer the sleepy sister to the hustle and bustle of patent infringement and validity, requires thorough pr...