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Litigation

Pokémon GO (carefully)

Sep. 13, 2016
By Mark Talise

In the United States alone, there are already numerous reports of injuries directly attributed to Pokémon GO: car accidents, p...


Large Firms

The most important prose you will write

Sep. 13, 2016
By David M. Balabanian

What if there were an app that let your clients know exactly what you did on their behalf? There is in fact, such an app — you...


Litigation

Adult entertainment and anti-SLAPP

Sep. 13, 2016
By Charles M. Kagay

California's anti-SLAPP statute has propelled the 9th Circuit into the world of adult entertainment. By Charles Kagay ...


Criminal

Prop 64 isn't just a marijuana initiative

Sep. 13, 2016
By Tamar Todd

It is a sentencing reform initiative. It is an economic growth initiative. It is a consumer protection initiative. It is a wor...


Immigration, Government, Constitutional Law, Administrative/Regulatory

Federal enforcement policy and due process

Sep. 13, 2016
By Zachary S. Price

What happens when the political winds change and the federal government begins prosecuting crimes it once consider to be low p...


U.S. Supreme Court, Constitutional Law, Books

A life in the stream of history

Sep. 13, 2016
By Erwin Chemerinsky

The recently published memoir of William A. Norris, "Liberal Opinions: My Life in the Stream of History," is an account of a m...


Alternative Dispute Resolution

Arbitration of employment disputes today

Sep. 10, 2016
By David P. Warren

In recent years, pre-dispute arbitration provisions employers use have gone from abysmal to enforceable, as employer's attorne...


Corporate

IRS taking a hard look at transfer pricing

Sep. 10, 2016
By Larissa Neumann

Companies should keep transfer pricing compliance as a top concern as the IRS doubles the size of its transfer pricing practic...


Perspective

It is long overdue that the court recognize that emerging family patterns include complex blended families in various forms. B...


Entertainment & Sports

Athletes, scandals and sponsorships

Sep. 10, 2016
By Charulata Pagar

With so much coverage of today's pro athletes, morals clauses are more important than ever. By Charulata Pagar ...


Ethics/Professional Responsibility

Zealous, but civil, advocacy

Sep. 10, 2016
By Alison Buchanan

With its recent revisions, the Santa Clara County Bar Association's Code of Professionalism serves as an important reminder th...


U.S. Supreme Court

A recent case involving the display of a painting containing a Confederate flag at a county fair shows why Legislators, when c...


Large Firms

Is it ethics or political correctness?

Sep. 10, 2016
By Tamara M. Kurtzman

In the latest example of attempted legislation of micro-aggressions, at the August 2016 American Bar Association Annual Meetin...


Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

Artists: 'Blurred Lines' case hurts industry

Sep. 10, 2016
By Edwin F. McPherson

In an recent amicus brief filed in the appeal of the $5.3 million judgment, hundreds of recording artists expressed their unmi...


Administrative/Regulatory

Californians going to the polls this November will find more than 300 measures to raise taxes. And despite multiple legal deci...


Perspective

The curious case of exporting cars

Sep. 9, 2016
By Jonathan A. Michaels

Consider this: A BMW X6 has a starting price of $61,900 in U.S. dealerships. In China, that MSRP is $171,000. By Jonathan Mich...


Insurance

9th: 'independent' physicians may favor insurers

Sep. 9, 2016
By Robert J. McKennon

In a recent published opinion, the 9th Circuit demonstrated that it understands that insurance companies frequently use doctor...


GC Email

Courtesy of the 9th Circuit, the state high court has been afforded the opportunity to answer whether claims for negligent hir...


GC Email

An 'occurrence' by any other name

Sep. 9, 2016
By Nicholas W. Tarasen

In three recent decisions, courts have held that an insured's own defective work may constitute an "occurrence" triggering co...


Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

The 9th Circuit recently slammed shut the door on the Federal Trade Commission's ability to act as a consumer watchdog for dec...


Perspective

CEO misconduct not required

Sep. 9, 2016
By Ethan Dettmer

Last month, the 9th Circuit became the first circuit to hold that CEOs and CFOs may be required to pay back bonuses after rest...


International

2nd Circuit dismisses $655M award against PLO

Sep. 9, 2016
By Jack I. Garvey

The case is exemplary of recent retrenchment by United States federal courts on jurisdictional grounds in high profile interna...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

Open carry wary

Sep. 9, 2016
By William Slomanson

California's federal judiciary has been targeted by a hail of recent gun suits. These Second Amendment volleys aim to relax th...


Law Practice, Ethics/Professional Responsibility

Privacy or privilege: a clash of compelling interests

MCLE
Sep. 9, 2016
By Louie H. Castoria

Lawyers are entrusted with a great deal of private information about people who are not our clients. Are we obliged to exercis...


Bankruptcy

For at least 20 years, transfers made more than seven years prior were not subject to challenge by a creditor as a fraudulent ...


Perspective

Although money transmission is not a new or foreign concept, many technology companies fail to recognize that they are engaged...


Technology & Science

Cryptocurrencies muddy money laundering law

Sep. 8, 2016
By Jeff Steiner

A Florida judge's recent ruling shows that evolving technologies like cryptocurrencies, bitcoin and the blockchain do not alwa...


Criminal

Fixing our broken death penalty

Sep. 8, 2016
By Andrew S. Love

California's current death penalty has proven to be an arbitrary and unreliable government program that has cost taxpayers $5 ...


Perspective

All the judges who opined in Vergara agreed the facts were deplorable. It is only a matter of time until we see a majority opi...


Appellate Practice

We must break free from writing like, well, lawyers

Sep. 7, 2016
By Jeffrey M. Fisher

In law school we struggled to grasp old, cryptic, monolithic judicial opinions. And many lawyers, trained to read those opinio...