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Actually, you are not released from liability

Sep. 23, 2016
By Jill Haley Penwarden

A California Court of Appeal case turned longstanding liability release precedent on its head and highlights the risks of obta...


Constitutional Law

Speech on campus: What's the law?

Sep. 23, 2016
By Todd A. Goluba

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

Sep. 23, 2016
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

MCLE
Sep. 23, 2016
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...


Perspective

New Prop. 65 rules get more specific

Sep. 22, 2016
By Sarah Esmaili

The amendments stem from an initiative which sought to improve "how the public is warned" and included the additional goals of...


Intellectual Property

4 tips for fending off IP litigation

Sep. 22, 2016
By Michelle S. Ybarra

Protecting your intellectual property — and making sure your company is not using another's IP — sounds like a simple enough t...


Entertainment & Sports

Do attorneys have the same risks of violating the act as producers, personal managers and other representatives who work with ...


Perspective

Lawyers with trial experience, especially in high-technology cases, may become scarce in the coming years if steps are not tak...


A recent case continues the Northern District's reputation as being hostile to software patents by striking down a patent brin...


Judges and Judiciary

Judges think like people, too

Sep. 22, 2016
By Jeffrey J. Rachlinski

Because studies show that people sometimes rely too heavily on intuition, accurate judging requires that judges find ways of r...


GC Email

The California Supreme Court recently found a distinction between a claim for a food product which is intentionally mislabeled...


Litigation

The fight for foie gras

Sep. 22, 2016
By Christopher B. Yeh

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?

Sep. 22, 2016
By Thomas J. Weiss

Professor Erwin Chemerinsky's commentary on McDonnell v. United States, 2016 DJDAR 6444 (June 27, 2016) has thought-p...


On Aug. 2, the Internal Revenue Service issued proposed regulations that will eliminate two important valuation discounts for ...


Perspective

While a high-earning debtor may be better able to formulate a feasible Chapter 11 plan than a lesser-earning debtor, increased...


Law Practice

Screenwriting lessons for trial lawyers

Sep. 21, 2016
By Mark Palin

Civil Procedure and Legal Methods are important classes, but the most valuable class for aspiring trial lawyers may be screenw...


Law Practice

Virtual reality isn't all fun and games

Sep. 21, 2016
By Hanley Chew

Three new virtual reality headsets will be released in 2016, so what rules apply to data collected by these devices? By Hanley...


Judges and Judiciary

Reining in civil asset forfeiture

Sep. 21, 2016
By David B. Smith

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

Sep. 20, 2016
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...


Technology

There's a new federal law governing foods containing genetically modified organisms, aka GMOs, and it preempts the poorly conc...


Perspective

Trust Me

Sep. 20, 2016
By David M. Balabanian

Prior columns have emphasized the importance of earning the courts' trust — and how easily it can be forfeited through over- o...


Appellate Practice

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

Sep. 20, 2016
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...


U.S. Supreme Court, Constitutional Law

Unanimously wrong

Sep. 19, 2016
By Erwin Chemerinsky

The Supreme Court's decision in McDonnell v. United States will make it much harder for the government to prosecute a...


Judicial Profile

Karen Robinson

Sep. 18, 2016
By Arin Mikailian

Orange County Judge Karen Robinson is praised for her ability to dig for facts.


Technology & Science

Regulators stepping up FinTech actions

Sep. 17, 2016
By Joseph A. Valenti

With a number of U.S. and global regulatory agencies advancing theories to support their jurisdiction and compliance demands i...


Perspective

Adapting water resources for climate change

Sep. 17, 2016
By Wesley A. Miliband

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

Sep. 17, 2016
By Michèle Corash

On Sept. 2, the California published sweeping changes to Proposition 65 that rewrite the "safe harbor" warning regulations and...


Government

The Adult Use of Marijuana Act, Proposition 64 on the November 2016 ballot, is polling at over 60 percent support among likely...


Perspective

IRS time limits and Donald Trump's returns

Sep. 17, 2016
By Robert W. Wood

Is Donald Trump's reluctance to release his tax returns about an IRS audit or something else? By Robert W. Wood ...