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
By Corbin K. Barthold
Posner's first biographer, William Domnarski, deserves some applause for completing the precursory but epic task of reading ev...
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
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...
This includes equity investments, mergers, acquisitions or asset purchases, and even initial public offerings. Regardless of t...
Intellectual Property
US practitioners in an international patent portfolio world
By Patrick Jewik
Despite the increasing number of worldwide patent filings, foreign patent prosecution decisions are often made based upon a de...
Regular folks ask Santa for cashmere sweaters and over-the-knee suede boots. Patent practitioners pray the Federal Circuit bri...
Labor/Employment
Texas overtime ruling directly affects California employers
By Arthur F. Silbergeld
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
By Eric B. Kingsley
On Tuesday, President-elect Donald Trump tweeted out the following: "Nobody should be allowed to burn the American flag -- if ...
Kozinski takes on anti-SLAPP in federal court, redux
By James Azadian
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
Discovery sanctions appeals can be tricky business
By Alana H. Rotter
When it comes to appeals, 1 plus 1 does not necessarily equal 2 -- or, more precisely, an order that imposes one sanction of $...
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
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
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
By Karen A. Feld
Learn about confidential police reports, specifically those involving allegations of child abuse and neglect. ...
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...
GC Email
If the 'Cadillac tax' falls, entire health care law could be next
By Robert W. Wood
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
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
Case is rare example of sanctions against federal agency
By Peter R. Boutin
In an event almost as rare as the "supermoon" earlier this month, a federal judge recently sanctioned a government agency -- t...
San Diego County Judge Tilisha Martin wins praise for addressing defendants personally.
International
A guide to developing an international patent portfolio
By Tamara Fraizer
Developing an international patent portfolio that considers competitors, customers and courts provides opportunities to strate...
Perspective
Liability insurance often has a role in class action defense
By Peter S. Selvin
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?
By Patrick J. Wingfield
Generally speaking, employers in California are not civilly liable for providing alcoholic beverages to an employee who injure...
Three 2016 published decisions demonstrate that attaching contingencies or conditions to 998 offers can invalidate them. By Ga...
The U.S. Supreme Court has held a school can regulate a student's on-campus speech to prevent bullying. This raises t...
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...
LA County Judge Ann Park soothes the nerves of both defendants and victims in her courtroom.
International
China enacts cybersecurity laws: what to know if doing business abroad
By Francoise Gilbert
The president of the People's Republic of China recently promulgated the Cyber Security Law, which will go into effect June 1,...
Picture this: Employee is underpaid $15 due to an error. Employee is terminated. Several months later, Employee reappears in t...
Or are they simply a modified hourly billing structure disguised as some sort of cost-savings mechanism? By Thomas Suh ...