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Judges and Judiciary

The beast of burden: discovery rules

Sep. 15, 2016
By Curtis E.A. Karnow

These rules — including those which puts the burden on the party complaining of burden — are designed to ensure judges don't g...


Bills like AB 2888 do not actually limit discretion in sentencing. Instead, these bills shift sentencing discretion from the j...


Constitutional Law

Obama's NLRB out of sync with precedent

Sep. 15, 2016
By Mark S. Ross

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

Sep. 15, 2016
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

Sep. 15, 2016
By Juan C. Basombrio

Last week, shortly before the 15-year anniversary of the September 11 terrorist attacks, the House of Representatives passed t...


Immigration

Startup visa will boost economy

Sep. 14, 2016
By Eli M. Kantor

Last month, the Department of Homeland Security published a proposed International Entrepreneur Rule creating a "startup visa....


Law Practice

As the summer wrapped up in August, we got a taste of the coming year with respect to tax-exempt organizations and were inform...


Construction

When liability reaches project owners

Sep. 14, 2016
By Garret D. Murai

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

Sep. 14, 2016
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

Last month, the California Supreme Court kicked the door open for out-of-state plaintiffs to sue out-of-state companies in Cal...


Judicial Profile

Gregory Jones

Sep. 14, 2016
By Arin Mikailian

Superior Court Judge Orange County (Newport Beach) ...


Perspective

Key insurance considerations in tech transactions

Sep. 13, 2016
By Darren S. Teshima

Insurance requirements in contracts can be confusing for early- and midstage technology services and software companies. By Da...


Intellectual Property

To disclose or not to disclose?

Sep. 13, 2016
By Glenn Dassoff

Patent or trade secret — that is the question. By Glenn Dassoff and Harry Moren ...


Perspective

Litigating against deep pockets

Sep. 13, 2016
By Jose Raul Alcantar

The modern era's availability of low-cost, high-quality technology can help attorneys level the playing field when pitted agai...


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...