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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...


Ethics/Professional Responsibility, Contracts

More contract attorney complications

MCLE
Dec. 2, 2016
By J. Randolph Evans, Shari L. Klevens

Law firms should carefully consider whether their policies and procedures are sufficient to allow the firm to reap the benefit...


Intellectual Property

This includes equity investments, mergers, acquisitions or asset purchases, and even initial public offerings. Regardless of t...


Intellectual Property

Despite the increasing number of worldwide patent filings, foreign patent prosecution decisions are often made based upon a de...


Perspective

Regular folks ask Santa for cashmere sweaters and over-the-knee suede boots. Patent practitioners pray the Federal Circuit bri...


Labor/Employment

A federal district court in Texas recently enjoined the implementation of the Department of Labor minimum salary guideline for...


Government, Constitutional Law

First Amendment in Trump's cross-hairs

Dec. 2, 2016
By Eric B. Kingsley

On Tuesday, President-elect Donald Trump tweeted out the following: "Nobody should be allowed to burn the American flag -- if ...


On its surface, a recent 9th Circuit decision is a sleeper. Court observers may wonder why the judges chose to publish their o...


Civil Litigation, Appellate Practice

When it comes to appeals, 1 plus 1 does not necessarily equal 2 -- or, more precisely, an order that imposes one sanction of $...


Administrative/Regulatory

An environmental opening under Trump

Dec. 1, 2016
By Claudia Polsky

Given Trump's platform, does any environmental hope remain? Counterintuitively, our recent political history suggests that th...


U.S. Supreme Court, Constitutional Law

Property law and the Scalia legacy

Dec. 1, 2016
By Michael M. Berger

Let others worry about the impact of a new justice on issues of race, marriage or bathroom access, I'd like to focus your atte...


Securities, Government, Corporate, Administrative/Regulatory

The SEC after Obama and White

Dec. 1, 2016
By Nicolas Morgan, Thomas A. Zaccaro

There has been much speculation about how the Securities and Exchange Commission might operate differently during the Trump ad...


Government, Family, Administrative/Regulatory

Child abuse records and strict confidentiality

Nov. 30, 2016
By Karen A. Feld

Learn about confidential police reports, specifically those involving allegations of child abuse and neglect. ...


Family

Relief is available for child support glitches

Nov. 30, 2016
By Haleh Rashidi

What are you to do if you owe tens of thousands of dollars and most (if not all) of that accrued at an amount that was incorre...


Long before Donald Trump blew past rivals in the Republican Primary and then took an unexpected path to victory in the general...


Antitrust & Trade Reg.

Deal will give early test of Trump on antitrust

Nov. 30, 2016
By Steven N. Williams

The Trump administration's approach to the proposed AT&T/Time Warner merger will provide an early test of whether the admi...


Securities, Government, Corporate, Administrative/Regulatory

In an event almost as rare as the "supermoon" earlier this month, a federal judge recently sanctioned a government agency -- t...


Judicial Profile

Tilisha Martin

Nov. 30, 2016
By Arin Mikailian

San Diego County Judge Tilisha Martin wins praise for addressing defendants personally.


International

Developing an international patent portfolio that considers competitors, customers and courts provides opportunities to strate...


Perspective

Three key cases that were decided this year highlight that liability insurance may often play an important role in providing f...


Labor/Employment

Holiday office parties: to supply or not to supply?

Nov. 29, 2016
By Patrick J. Wingfield

Generally speaking, employers in California are not civilly liable for providing alcoholic beverages to an employee who injure...


Litigation

2016 opinions provide 998 guidance

Nov. 29, 2016
By Gary A. Watt

Three 2016 published decisions demonstrate that attaching contingencies or conditions to 998 offers can invalidate them. By Ga...


Appellate Practice

Can schools punish off-campus speech?

Nov. 29, 2016
By Audra Ibarra

The U.S. Supreme Court has held a school can regulate a student's on-campus speech to prevent bullying. This raises t...


Perspective

Think twice before removing that ethical screen

Nov. 29, 2016
By J. Scott Tiedemann

A recent case added to the growing line of cases addressing when a party's due process and an attorney's ability to serve as b...


Judicial Profile

Ann Park

Nov. 27, 2016
By Arin Mikailian

LA County Judge Ann Park soothes the nerves of both defendants and victims in her courtroom.


International

The president of the People's Republic of China recently promulgated the Cyber Security Law, which will go into effect June 1,...


Litigation

Picture this: Employee is underpaid $15 due to an error. Employee is terminated. Several months later, Employee reappears in t...


Litigation

Or are they simply a modified hourly billing structure disguised as some sort of cost-savings mechanism? By Thomas Suh ...