Perspective
Trade secrets troubles are well-suited for early mediation
By Lizbeth Hasse
Disputes over trade secrets cases present concerns that generally motivate early ADR efforts. By Lizbeth Hasse ...
A new approach for patents to defend global royalty streams and operate as profit centers, at the same time. By Piers A. Blewe...
IP WATCH: A USPTO pilot program offers a second chance after final rejection, though it's scheduled to end on Jan. 12, 2017, o...
A recent 4th Circuit decision is turning the tables on the perception that parties cannot assert foreign trademarks within the...
This summer has seen the Federal Circuit provide clarity on the bounds of patent-eligible subject matter, and in the upcoming ...
Recent federal court decisions have powerfully reaffirmed a basic constitutional principle: The government cannot act to suppr...
If Trump did hand them over — which he probably will not — it is worth considering just how revealing (or how obtuse) they mig...
Immigration
Does your client's 'artistic' work qualify her for a visa?
By Sharon Brenner
The poetics and expressionism of artistic practice sometimes do not interact so seamlessly with the law. In the context of imm...
Interestingly, the FAA's new rules emphasize the necessity of compliance with certain state and local laws in addition to abid...
Robert McDonnell and Tim Kaine have more in common than just an office — they have each been criticized for receiving gifts.
Four years ago, the citizens of California voted to retain the death penalty. For some reason, despite the recent vote, the sa...
Hashtags - those phrases preceded by the # symbol that have become ubiquitous on social media platforms and beyond - have been...
Perspective
Excellent legal analysis. Now make it 40 percent shorter
By Jeffrey M. Fisher
Removing excess words and using plain, simple language should be an essential step in all lawyer's editing process. By Jeff Fi...
Appellate Practice
Preparation is over, it's time for oral argument
By Myron Moskovitz
MOSKOVITZ ON APPEALS: Carefully answering the judge's questions during oral argument is your one brief chance to learn why you...
LESSONS LEARNED: Your interests coincide with those of your clients. Achieving durable client relations requires demonstrating...
Increasing intellectual ferment during the past few years has sparked the legislative and judicial debates that may help cabin...
Some parental rights advocates view California law as being archaic when it comes to a boyfriend who fathers a child with a ma...
Perspective
How to 'win' a mediation
Winning a mediation sounds like the newest oxymoron. How do you win a process that is entirely voluntary? By Elia Weinbach ...
Law Practice
Didn't learn how to defend depositions in law school? Not to worry
By Sotera Anderson
You're a new lawyer. You've done a bunch of research projects, prepared several motions. You're feeling pretty good. In comes ...
Myriad options exist for attorneys looking to manage and reduce the costs of e-discovery — here's a few suggestions. By Kathl...
On Wednesday, a California federal judge ordered Facebook to appear in court on Nov. 17 to explain why it has not complied wit...
Law Practice, Law Office Management
The benefits of leaving your firm the right way
By Daniel O'Rielly, Dena Roche
If you read the headlines regarding partner departures, you might get the idea that it's easy to move your practice, or your ...
California Supreme Court
High court: arbitrator decides if class arbitration is available
By Zuzana S. Ikels
There is a vibrant debate among federal and state courts as to whether classwide arbitration is authorized when an arbitration...
Perspective
Find directors who understand the industry you want to disrupt
By Craig D. Miller
Commercial banks and other traditional financial institutions need to recognize that in order to successfully compete with Fin...
Mergers & Acquisitions
Acquirers should disclaim good faith covenant in earnout interpretation
By David W. Healy
M&A acquirers should seek to expressly disclaim application of the implied duty of good faith and fair dealing in interpre...
A recent appellate decision addressed an issue of importance to insurers and insureds alike — the liability of a primary insur...
A recent defamation case involving a former porn actress shows why the media should be careful with stock photos and negative ...
Perspective
9th Circuit: You can't automatically deduct rental losses
By Michelle M. McCarthy
In a decision released last week, the court addressed the issue of whether Internal Revenue Code Section 469(c) automatically ...
Environmental
Court leaves cracks for 'aerial emissions' liability under CERCLA
By Christopher W. Smith
While the 9th Circuit appears to have shut the door on aerial emissions giving rise to environmental liability under the Compr...
Perspective
Anti-SLAPP ruling distinguishes individual action, public entity action
By Gary Schons
A recent California Supreme Court decision suggests that, in some cases, individual elected officials may assert the anti-SLAP...