These rules — including those which puts the burden on the party complaining of burden — are designed to ensure judges don't g...
Government
Brock Turner law won't limit sentencing discretion, it will shift it
By Mica Doctoroff
Bills like AB 2888 do not actually limit discretion in sentencing. Instead, these bills shift sentencing discretion from the j...
The Obama board's position misapplies long-settled board law and does a disservice both to employees and employers. By Mark Ro...
U.S. Supreme Court, Constitutional Law
The Fourth Amendment pendulum
By Brian M. Hoffstadt
In the 1960s, the U.S. Supreme Court started to divorce Fourth Amendment protections from their grounding in common-law proper...
International Law, Government
9/11 bill is consistent with current law
By Juan C. Basombrio
Last week, shortly before the 15-year anniversary of the September 11 terrorist attacks, the House of Representatives passed t...
Last month, the Department of Homeland Security published a proposed International Entrepreneur Rule creating a "startup visa....
Law Practice
A taste of what changes to expect for tax-exempt organizations
By Erin Bradrick
As the summer wrapped up in August, we got a taste of the coming year with respect to tax-exempt organizations and were inform...
For more than 20 years the "Privette doctrine" has shielded project owners and contractors from jobsite injury claims...
Keeping up with the changing data landscape
By Katia Bloom, Olga V. Mack
If the prediction that 6.4 billion connected Internet of Things things will be in use worldwide in 2016, it's imperative that ...
California Supreme Court
Ruling effectively rolls out a welcome mat for out-of-state plaintiffs
By Kim Stone
Last month, the California Supreme Court kicked the door open for out-of-state plaintiffs to sue out-of-state companies in Cal...
Superior Court Judge Orange County (Newport Beach) ...
Insurance requirements in contracts can be confusing for early- and midstage technology services and software companies. By Da...
Patent or trade secret — that is the question. By Glenn Dassoff and Harry Moren ...
The modern era's availability of low-cost, high-quality technology can help attorneys level the playing field when pitted agai...
In the United States alone, there are already numerous reports of injuries directly attributed to Pokémon GO: car accidents, p...
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...
California's anti-SLAPP statute has propelled the 9th Circuit into the world of adult entertainment. By Charles Kagay ...
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
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
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
By David P. Warren
In recent years, pre-dispute arbitration provisions employers use have gone from abysmal to enforceable, as employer's attorne...
Companies should keep transfer pricing compliance as a top concern as the IRS doubles the size of its transfer pricing practic...
Perspective
California courts need to recognize emerging family patterns
By Maya Shulman
It is long overdue that the court recognize that emerging family patterns include complex blended families in various forms. B...
With so much coverage of today's pro athletes, morals clauses are more important than ever. By Charulata Pagar ...
With its recent revisions, the Santa Clara County Bar Association's Code of Professionalism serves as an important reminder th...
U.S. Supreme Court
When officials enforce laws in bizarre ways, taxpayers pay
By Kenneth P. White
A recent case involving the display of a painting containing a Confederate flag at a county fair shows why Legislators, when c...
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
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
Can officials use vendors to push tax measures?
By Will Swaim
Californians going to the polls this November will find more than 300 measures to raise taxes. And despite multiple legal deci...
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...