For more than two decades, the Supreme Court has been emphasizing that the implied private right of action under Section 10(b)...

Chairman Jay Clayton of the U.S. Securities and Exchange Commission has reaffirmed that “[c]ybersecurity is an area that is vi...

The Northern California Rapid Response Network is one of a number of collaboratives in California, focused on bringing togeth...

The Protecting Americans from Tax Hikes Act of 2015, aka the PATH Act, amended Section 1202 of the Internal Revenue Code to pe...

The Supreme Court should take the opportunity in Class v. United States to resolve the question of what rights remain to chall...

This month’s column will take a little detour and will analyze some misbegotten cases that lawyers sought to frame as takings ...

The Supreme Court should abandon the “reasonably construe” test and find that the NLRA does not reach facially neutral work ru...

To say that there is lack of uniformity across the various circuit courts would be a vast understatement, as nearly every circ...

The Supreme Court will likely have to affirmatively decide this key public vs. private rights issue in Oil States v. Greene's ...

Because the blockchain — the public ledger that keeps track of the history of each coin — is decentralized and requires so muc...

Right now, as far as I know, robots are not taxed. However, that could change, and California seems likely to be the state wit...

This term, the U.S. Supreme Court will rehear argument in the case of James Garcia Dimaya. Briefed and argued in the 2016 term...

Hamer v. Neighborhood Housing Services asks: If a party files a notice of appeal within an extended time period set forth in a...

The justices should take up U.S. v. Nosal to clarify the scope of the Computer Fraud and Abuse Act -- the statute was intended...

In Somers v. Digital Realty Trust, the Supreme Court will address whether Dodd-Frank provides a cause of action to employees w...

There is the possibility that chaos and turmoil will reign if the Supreme Court finds inter partes reviews unconstitutional in...

Last month I discussed how the CFAA has strayed from its roots. This month, I want to discuss examples of how the act is being...

In the wake of increasing financial volatility, internal company scandals and difficulties associated with meeting performance...

Many liability policies require the satisfaction of a designated dollar amount, usually described as a “self-insured retention...

The fast-paced litigation surrounding the travel ban provides some takeaways about Supreme Court practice.

Advocates for a religious scruples exception to the Colorado law at issue in the Masterpiece Cakeshop case ignore the lost lib...

The Supreme Court should use the Masterpiece Cakeshop case to bring clarity to the collision of rights public accommodation la...

Carpenter v. United States implicates what is known as the third-party doctrine, under which any information voluntarily provi...

The objective of this article and self-study test is to familiarize bench officers and attorneys with awards of attorney fees ...

Attorneys should weigh cyber threats more heavily when accounting for risk in contracts and in advising their clients

A recent article by Mr. Thomas M. Hall, “Our Flawed Millennial Founders,” begins by noting that our Founding Fathers included ...

In Jesner v. Arab Bank, the U.S. Supreme Court will consider whether the Alien Tort Statute can be invoked against corporate d...