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Intellectual Property

Shared routes to patent eligibility

Dec. 8, 2016
By Andrew Whitehead

Subject matter eligibility is a central patent law issue affecting a wide range of technologies. Yet the sprawling nature of t...


Transactions

The California Supreme Court recently held that when both the listing agent and the selling agent are employees of the same br...


Government

Trump and the 'art' of the Taiwan call

Dec. 8, 2016
By Robert L. Bastian Jr.

One cannot know whether President-elect Donald Trump was aware of the singular importance of the "One China Policy" when he re...


Criminal

Baca case shows utility of judicially compelled immunity

Dec. 8, 2016
By Mark Mermelstein, Stephanie Albrecht

More interesting than the court throwing out a plea deal agreed to by the prosecution and the defense was the judge's decision...


Real Estate/Development

What inflation could mean for property owners

Dec. 7, 2016
By Andrew S. Bragin

A recent warning from Federal Reserve Chair Janet Yellen in her congressional testimony provides a good enough reason to begin...


Perspective

The rule is deceptively simple: If a person suddenly becomes ill while driving and is unable to control their vehicle as a res...


Securities

Common SAFE mistakes

Dec. 7, 2016
By Murray A. Indick

Common documentation mistakes made when raising startup capital during early seed financing becomes particularly problematic w...


Transactions

Investing in startups: Is it SAFE to KISS?

Dec. 7, 2016
By Stephen I. Halper

SAFEs ("Simple Agreement for Future Equity") and KISSs ("Keep It Simple Security") are investment securities which, like conve...


Administrative/Regulatory

Code enforcement, an often misunderstood part of city government, can quietly but greatly improve the lives of its residents, ...


Transportation

Public enemy #1: texting and driving

Dec. 7, 2016
By Jonathan A. Michaels

The National Highway Traffic Safety Administration classifies texting and driving as six times more dangerous than drinking an...


Tax, Civil Litigation, Banking

War on alternative currencies is heating up

Dec. 7, 2016
By Dashiell C. Shapiro, Robert W. Wood

A federal district court has ordered that Coinbase Inc. should turn over its customer account information to the government.


Perspective

What are your rights when your team leaves town?

Dec. 7, 2016
By Howard N. Madris

California's die-hard football fans may be wondering: When a sports team moves to a different city, do its season ticket holde...


Constitutional Law

Donald Trump and the future of FOIA

Dec. 7, 2016
By Duffy Carolan

The fast and furious words of President-elect Donald Trump give cause for concern about whether his administration will preser...


California Supreme Court

High court to consider scope of public records law

Dec. 7, 2016
By Ruthann G. Ziegler

On Wednesday, the California Supreme Court will hear oral arguments in a case deciding whether messages on private devices and...


Judicial Profile

James Mangione

Dec. 7, 2016
By Arin Mikailian

San Diego County Judge James A. Mangione tries to encourage young defendants in his court.


Litigation

The issue before the court was whether traditional negligence liability claims should include "household members" who had no d...


California Courts of Appeal

The California Supreme Court recently held that salespeople, working on behalf of a real estate broker acting as a dual agent,...


Appellate Practice

It matters

Dec. 6, 2016
By Myron Moskovitz

Slashing syllables, cutting commas and weighing words — in other words, picking nits — is what makes one a professional appell...


Perspective

Extreme Advocacy #2

Dec. 6, 2016
By David M. Balabanian

OK, so the Earth is not flat. But do we really get heat from the Sun? Hear me out. By David M. Balabanian ...


Criminal

Behind the ruling in first merits decision

Dec. 6, 2016
By Robert Weisberg

The Supreme Court's first merits decision of this term is important for the larger picture that it points out: inconsistency i...


Judges and Judiciary

Peace of mind

Dec. 6, 2016
By Arthur Gilbert

December. Wish I could title this column "Peace on Earth." But this prosaic, yet laudable, aspiration seems more elusive than ...


Judicial Profile

Jamoa Moberly

Dec. 5, 2016
By Arin Mikailian

Superior Court Judge Orange County (Santa Ana) ...


Civil Litigation, Alternative Dispute Resolution

The evolution of arbitration in the US: 1925-present

Dec. 3, 2016
By Lawrence Waddington

When the California Supreme Court approved arbitration in the California Arbitration Act, the justices assumed, as had Congres...


Perspective

Although almost a year has passed since the new California Fair Pay Act became effective, the dialogue about its standards and...


Perspective

The lost art of direct negotiation

Dec. 3, 2016
By Douglas E. Noll

While mediations are all the rage, directly negotiating with opposing counsel can bring useful insights and information to you...


Perspective

Too little attention paid to private company boards

Dec. 3, 2016
By Thomas W. Kellerman

Chief executive officers often pay too little attention to the role of privately held company boards, often leading to CEO and...


GC Email

Where are all the women in FinTech?

Dec. 3, 2016
By Nancy Yamaguchi

If FinTech is to dominate the world of banking, financing, money transfers, payments and other financial transactions, the ind...


Law Practice

ADR has big advantages for tech firms

Dec. 3, 2016
By Gary L. Benton

Technology cases are often well served with alternate dispute resolution, which better ensures privacy and confidentiality tha...


Judges and Judiciary, Books

A flawed account of a towering jurist

Dec. 3, 2016
By Corbin K. Barthold

Posner's first biographer, William Domnarski, deserves some applause for completing the precursory but epic task of reading ev...


Government

What's in store for Dodd-Frank under Trump?

Dec. 3, 2016
By Arthur S. Long

Speculation about the future of Dodd-Frank must consider two realities: In the Senate, the Republicans do not have a filibuste...