A California Court of Appeal case turned longstanding liability release precedent on its head and highlights the risks of obta...
May a public school teacher wear a "Make America Great Again" cap? The jury is out. By Todd A. Goluba ...
Law Practice, Law Office Management, Ethics/Professional Responsibility
Misrepresentations can expose your entire firm
By J. Randolph Evans, Shari L. Klevens
The important point is that material misrepresentations in an insurance application can result in rescission of all coverage f...
Law Practice, Ethics/Professional Responsibility
Comment on proposed rule revisions before time is up
By Heather L. Rosing
The State Bar released the Second Commission for the Revision of the Rules of Professional Conduct's draft rules for public co...
The amendments stem from an initiative which sought to improve "how the public is warned" and included the additional goals of...
Protecting your intellectual property — and making sure your company is not using another's IP — sounds like a simple enough t...
Do attorneys have the same risks of violating the act as producers, personal managers and other representatives who work with ...
Perspective
Ensuring the next generation of IP lawyers will be trial ready
By Patrick Salceda
Lawyers with trial experience, especially in high-technology cases, may become scarce in the coming years if steps are not tak...
Perspective
Northern California continues to be inhospitable towards software patents
By Gabriel Ramsey
A recent case continues the Northern District's reputation as being hostile to software patents by striking down a patent brin...
Because studies show that people sometimes rely too heavily on intuition, accurate judging requires that judges find ways of r...
GC Email
When it comes to 'organic' mislabeling, it's a state law matter
By Daniel J. Herling
The California Supreme Court recently found a distinction between a claim for a food product which is intentionally mislabeled...
As the legal war against foie gras continues unabated and unresolved, Francophiles may continue to enjoy their contentious cui...
U.S. Supreme Court, Letters, Constitutional Law
How many wrongs make a right?
By Thomas J. Weiss
Professor Erwin Chemerinsky's commentary on McDonnell v. United States, 2016 DJDAR 6444 (June 27, 2016) has thought-p...
GC Email
Proposed IRS regs will eliminate important valuation discounts
By Bruce Givner
On Aug. 2, the Internal Revenue Service issued proposed regulations that will eliminate two important valuation discounts for ...
Perspective
Ruling is a challenge for high-earning Chapter 11 debtors
By Howard N. Madris
While a high-earning debtor may be better able to formulate a feasible Chapter 11 plan than a lesser-earning debtor, increased...
Civil Procedure and Legal Methods are important classes, but the most valuable class for aspiring trial lawyers may be screenw...
Three new virtual reality headsets will be released in 2016, so what rules apply to data collected by these devices? By Hanley...
SB 443 will help ensure that private property is not taken based on a hunch, bias, malice, or inadequate or inadmissible evide...
Labor/Employment
Public employers need to be vigilant about ovrtime rules
By Lisa S. Charbonneau
A 9th Circuit decision earlier this year triggered a flurry of Fair Labor Standards Act lawsuits against public employers in C...
There's a new federal law governing foods containing genetically modified organisms, aka GMOs, and it preempts the poorly conc...
Prior columns have emphasized the importance of earning the courts' trust — and how easily it can be forfeited through over- o...
Appellate Practice
Excellence is making the most of what you have to work with
By Myron Moskovitz
No matter how well written it is, an appellate brief isn't "great" unless it makes great use of the record. ...
Civil Litigation, Law Practice, Judges and Judiciary, Criminal
The art of the opening statement
By John C. Hueston
Nothing in the practice of law compares to the sheer drama of standing before a judge and jury to make a passionate and persua...
The Supreme Court's decision in McDonnell v. United States will make it much harder for the government to prosecute a...
Orange County Judge Karen Robinson is praised for her ability to dig for facts.
With a number of U.S. and global regulatory agencies advancing theories to support their jurisdiction and compliance demands i...
Two bills sitting on the governor's desk will help California adapt its water resources for climate change. By Wesley A. Milib...
Administrative/Regulatory
First major Prop. 65 update in over a decade
By Michèle Corash
On Sept. 2, the California published sweeping changes to Proposition 65 that rewrite the "safe harbor" warning regulations and...
The Adult Use of Marijuana Act, Proposition 64 on the November 2016 ballot, is polling at over 60 percent support among likely...
Is Donald Trump's reluctance to release his tax returns about an IRS audit or something else? By Robert W. Wood ...