Law Practice, Criminal
Criminal defense lawyer conference isn’t what it used to be
By Richard A. Hamar
The National Association of Criminal Defense Lawyers has been the self-described "preeminent" criminal defense organization fo...
U.S. Supreme Court, Letters, Constitutional Law
The usual gun advocate apologia
By Nathaniel J. Friedman
Donald Kilmer's cri de coeur, "Second Amendment is not a second-class right," (Oct. 17, 2017) is the usual apologia of the gun...
Civil Litigation, Law Practice, Judges and Judiciary, Alternative Dispute Resolution
We all agree on mediation confidentially
By A. Marco Turk
This is rare: Both the organized plaintiffs' bar and the organized defense bar believe our current right to choose confidentia...
Civil Litigation, Environmental & Energy, Corporate, Administrative/Regulatory
New law makes modest changes to Proposition 65
By Chris Micheli
The bill requires the attorney general to provide written notification that he or she does not believe there is merit to an en...
Law Practice, Ethics/Professional Responsibility
Alternative fee arrangements and ethics
By Shari L. Klevens, Alanna G. Clair
One thing to keep in mind with regard to an alternative fee arrangement is to make sure everyone is talking about the same thi...
Civil Litigation, Alternative Dispute Resolution
The Arc of Mediation
By Douglas G. Carnahan
Mediations -- successful ones anyway -- follow an "arc," or script of their own, and an understanding of the "mediation arc" i...
U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court
Cops are coming for your cellphone, again
By Scott A. Sugarman
You may have thought the contents of your cellphone were private. Sadly, the very recent decision in People v. Sandee, 15 Cal....
U.S. Supreme Court, Government, Constitutional Law
Letting the democratic process work
By Erwin Chemerinsky
The Supreme Court should hold in Gill v. Whitford that challenges to it can be heard in the federal courts and explain that d...
Securities, Corporate, Administrative/Regulatory
Growing risk of insider trading on data breaches
By Joshua M. Robbins, Adam M. Sechooler
Shortly after the major Equifax hack, the SEC and Department of Justice opened insider trading investigations based on allegat...
Labor/Employment, Corporate, Administrative/Regulatory
New salary history law raises new questions
By Arthur F. Silbergeld
Assembly Bill 168, recently approved by Gov. Jerry Brown, prohibits an employer from asking a job applicant about salary his o...
Civil Litigation, Law Practice, Appellate Practice
We should end inadvertent submissions to jurisdiction
By James A. Dooley
The last thing a party challenging personal jurisdiction wants to do is slip into a general appearance and thereby "consent" t...
Labor/Employment, Corporate
Lessons from Delaware on noncompete best practices
By Marc Boiron, Morgan McCombe
A recent Delaware Court of Chancery decision serves as a good reminder regarding best practices and current laws when Californ...
Labor/Employment, Corporate, Administrative/Regulatory
New parental leave mandate
By Chris Micheli
Gov. Jerry Brown signed Senate Bill 63 to create a new unlawful employment practice related to parental leave. The bill create...
Law Practice, Judges and Judiciary, Ethics/Professional Responsibility
Eight.
By Robert L. Bastian Jr.
The number Eight. This diatribe against the overuse of nondisclosure and confidentiality agreements is brought to you by Eight...
Today's rigorous law school admissions process and curriculum screen out those who aspire to be lawyers but lack the basic ski...
Civil Litigation, Intellectual Property, Corporate
Ruling will affect patent litigation strategies
By Eliot D. Williams, Wayne O. Stacy
The U.S. Court of Appeals for the Federal Circuit recently addressed the burden of proving patentability of patent claims that...
Civil Litigation, Insurance, Corporate
Litigation tests limits of insurance ‘elective stacking’ rule
By William S. Bennett
An action brought against Montrose Chemical Corporation in 1990 has generated over 20 years of associated insurance coverage l...
Real Estate/Development, Corporate, Bankruptcy
Legal strategies to help retailers in this difficult environment
By Jeffrey M. Pomerance
The facts are undeniable. According to Credit Suisse, between 20 and 25 percent of the nation's shopping malls will close in t...
Tax, 9th U.S. Circuit Court of Appeals
Forest Whitaker case shows how not to deal with IRS
By Robert W. Wood
As with some others in the entertainment world, Forest Whitaker has had a few tax problems over the years. His latest foray in...
Letters, Environmental & Energy, Criminal
District attorney upheld defendants’ rights
By Gregory D. Totten
The Daily Journal reported the summary judgment in favor of the County of Ventura in a purported civil rights case. The articl...
Insurance
Insurance from economic losses resulting from recent fires
By Kirk A. Pasich
Property insurance policies typically cover the physical losses caused by fires, including damage and destruction of structure...
U.S. Supreme Court, Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals
Beginning to see the light
By Brian M. Hoffstadt
Some things cannot be unseen. Last term, the U.S. Supreme Court held that judges could -- and, indeed, must -- open their eyes...
In a fascinating case in Connecticut, the police earlier this year arrested a murder suspect based in large part on data colle...
Government, Constitutional Law, Civil Rights
Defend the First Amendment, even when it hurts to do so
By Eric B. Kingsley
As has been widely reported, President Donald Trump turned his attention to the First Amendment last week in the form of angry...
U.S. Supreme Court, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
Zoning ordinance is a permissible police power
By Imran Khaliq
The 9th Circuit has boldly stepped into the national spotlight on this issue, placing new constitutional restrictions on the s...
U.S. Supreme Court, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
2nd Amendment is not a second-class right
By Donald E.J. Kilmer Jr.
In the words of Judge Tallman, a recent 9th Circuit "decision further lacerates the Second Amendment, deepens the wound, and r...
Donald Trump is not the first U.S. president who ran his own business, nor is he the first to run a business into the ground.
Labor/Employment, Government, Corporate, Administrative/Regulatory
Salary history bill will not apply to information available for public employees
By Chris Micheli
Gov. Jerry Brown signed Assembly Bill 168 last week, adding Section 432.3 to the California Labor Code primarily to preclude t...
U.S. Supreme Court, Government, Constitutional Law
Looking to Justice Kennedy in Gill
By James J. Matson
The briefs have been filed and the arguments heard in Gill v. Whitford, the blockbuster partisan gerrymandering case now befor...
Judges and Judiciary, Appellate Practice
‘Realist’ or ‘formalist’: Part 2
By Myron Moskovitz
In my last column, I discussed Judge Posner's "realist" approach to judging, contrasting it with the "formalist" approach. Now...