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Judges and Judiciary

Support the institution of justice

Jan. 21, 2017
By James P. Gray

Judges and lawyers alike must do their parts to cultivate and ensure the public's respect for our great system of justice. ...


Litigation

The Trademark Trial and Appeal Board, the administrative agency at the USPTO that handles trademark disputes, recently announc...


Insurance

'Concurrent causation' doctrine spreads

Jan. 21, 2017
By Daniel A. Johnson

Courts should follow Florida's lead and look to the concurrent cause doctrine to resolve causation dilemmas. By Daniel A. John...


Law Practice, Law Office Management

Realistic expectations for partners and firms

Jan. 21, 2017
By Daniel O'Rielly, Dena Roche

Recent legal news headlines suggest that most lateral partners do not meet revenue expectations at their new firms in their fi...


Law Practice

Know who your firm's employees are

Jan. 21, 2017
By Jeffrey D. Polsky

To comply with federal, state and local employment laws, a law firm must first understand who its employees are. That's not al...


U.S. Supreme Court, Labor/Employment

May the best act win: FAA vs. NLRA

Jan. 21, 2017
By Eric B. Kingsley

In three consolidated class action waiver cases, the Supreme Court hosts an epic battle between the Federal Arbitration Act an...


Personal Injury & Torts

Property owners who take proactive measures to prevent and reduce the likelihood of injuries on their property are in the best...


Perspective

Can water actually be turned into wine?

Jan. 20, 2017
By Michael B. Newman

The U.S. will sell no synthetic wine before its time — in this case, before complying with a panoply of regulatory hurdles. By...


Constitutional Law

If we want to know how history will judge the Dylann Roof death penalty trial in 150 years, look no further than the 2016 Man ...


A recent decision may permit plaintiffs to defeat these motions by using vague, generically pleaded complaints. ...


Education Law, Criminal

Due process and on campus sexual assault

Jan. 20, 2017
By David Urban

Four prominent cases, one expected within about the next 12 months, may contain critical guidance to public and private instit...


Perspective

Study casts doubt on use of 'showups'

Jan. 20, 2017
By Mitchell L. Eisen

When police are in pursuit of a suspect matching a particular description shortly after a crime has been reported, any citizen...


Data Privacy

Although bank customers possess statutory and constitutional privacy rights in their bank records, at least one district court...


Insurance, Ethics/Professional Responsibility

Duties owed by Cumis counsel to the insurer

Jan. 20, 2017
By J. Randolph Evans, Shari L. Klevens

An attorney serving as Cumis counsel can limit the risks of a claim by the insurer by complying with statutory obliga...


Law Practice, Ethics/Professional Responsibility

An anticipated evolution of fee-sharing

MCLE
Jan. 20, 2017
By David M. Majchrzak, Heather L. Rosing

If approved, new fee-sharing agreement rules will better protect clients by requiring that informed written consents be obtain...


Perspective

SB 1069: Affordable housing incentives

Jan. 19, 2017
By Katherine Brandenburg

Allows teachers, firefighters and service workers the opportunity to live where they work and reduce their commute times. By K...


U.S. Supreme Court

This year marks the 30th anniversary of Judge Robert Bork's nomination to the U.S. Supreme Court. Today's broken judicial conf...


Perspective

Offensive trademark arguments at high court

Jan. 19, 2017
By Blaine H. Evanson

On Wednesday, the U.S. Supreme Court will hear arguments on the constitutionality of the "disparagement provision" of the Lanh...


Criminal

Grand juries and police use of force

Jan. 19, 2017
By Jerry P. Coleman

Last week, an appellate court said California's new law prohibiting the use of grand juries in police use of force cases is un...


Perspective

New Year's resolutions for IP lawyers

Jan. 19, 2017
By Karineh Khachatourian

Suggested resolutions for the busy patent lawyer. By Karineh Khachatourian ...


Litigation

Patent litigators need to make their complicated and difficult-to-pronounce subject matter fascinating and important in order ...


Investments

Several recent events signal possible changes to the way the Committee on Foreign Investment in the United States analyzes nat...


Civil Litigation, Administrative/Regulatory

Inside agency class actions

Jan. 18, 2017
By Michael D. Sant'Ambrogio, Adam S. Zimmerman

Federal agencies hear more cases each year than our federal courts. But agencies routinely avoid using tools that courts rely ...


Appellate Practice

On appeal, should we do as the Brits do?

Jan. 18, 2017
By Myron Moskovitz

Maybe we can learn from our forefathers, whose appellate judges only accept briefs outlining facts but no legal argument and t...


GC Email

Heightened judicial scrutiny of content- or speaker-based commercial speech restrictions would help ensure that such restricti...


Perspective

Criminal record: [file missing]

Jan. 18, 2017
By Anita Taff-Rice

Something is wrong with a state budget that favors cannabis regulation over cybersecurity, and an California's law enforcement...


Government, Civil Rights

My case against Jeff Sessions for AG

Jan. 18, 2017
By Erwin Chemerinsky

Last week's Senate Judiciary Committee hearings on Jeff Sessions powerfully demonstrated why he should not be confirmed for at...


Judges and Judiciary

Resolve large fee disputes effectively

Jan. 14, 2017
By Richard Chernick

Early neutral evaluation is particularly suited for large attorney fee cases before discovery commences, and sometimes even be...


Perspective

Lessons from the economic theory of settlement

Jan. 14, 2017
By John Shepard Wiley Jr.

Trial judges everywhere know that nothing settles a case like a firm trial date — unnecessary continuances be damned. By John ...


California Courts of Appeal

The court said that a lack of subject matter jurisdiction over a claim does not preclude a court from granting a special motio...