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Local police power-based mobile billboard bans are legal in California so long as the restrictions don't regulate viewpoint. B...


The release of this extension and amendment package is happening concurrently with a long-running legal challenge against the ...


Insurance

Opinion weighs in on 'genuine dispute' doctrine

Jul. 21, 2016
By Rex Heeseman

A recent decision gives additional life to the doctrine after its scope was limited by the state Supreme Court in 2007.


The State Bar of California is considering new rules that prohibits sex with clients unless it is consensual and pre-dates the...


Appellate Practice

Every litigator is familiar with the experience of receiving a brief from the other side that is — to speak bluntly — garbage....


Intellectual Property

Seven months after the new rules took effect requiring plaintiffs to plead specific facts to support a direct infringement all...


Civil Litigation, Intellectual Property

What's on deck for IP at the high court

Jul. 20, 2016
By Michael Hawes, Bryant C. Boren Jr.

The Supreme Court's changes to the IP landscape over the past several years have left patent and copyright holders with assets...


Labor/Employment

Out-of-state companies doing business in California would be well-advised to look closely at Senate Bill 1241. By Christine Sa...


Ethics/Professional Responsibility

The State Bar is in the midst of developing comprehensive amendments to the rules, which were last fully revised in 1987. By L...


A Court of Appeal decision is a reminder to ensure that all employee base salaries are reported on a "publicly available pay s...


Half way into 2016, it is clear that the Federal Trade Commission and Department of Justice Antitrust Division is as committed...


Does government regulation of a distinctive ethnic and cultural food item — shark fin soup — amount to unconstitutional race-b...


Administrative/Regulatory

HIPAA enforcement reaches historic level

Jul. 19, 2016
By Mary Ellen Callahan, David P. Saunders

In the first half of the year, regulators collected more than $9 million in HIPAA fines, a number that surpasses the previous ...


Bankruptcy

Missed opportunities in Puerto Rico ruling

Jul. 19, 2016
By David S. Kupetz, Asa Hami

The Supreme Court did not address arguments related to the contracts clause and bankruptcy clauses of the Constitution in the ...


U.S. Supreme Court

The Anthony Kennedy Court

Jul. 19, 2016
By Erwin Chemerinsky

Supreme Court commentator Dahlia Lithwick said it best, "This is Anthony Kennedy's world and we are all just living in it."


Appellate Practice

Oral argument gives you an opportunity to discover what concerns the judges, so instead of covering all the arguments in your ...


Intellectual Property

For much of 2016, many in the biotech industry hoped that the court would revisit the issue — and presumably modify the standa...


Administrative/Regulatory

A recent ruling overturns an earlier panel decision that made waves by invalidating two pharmaceutical patents under the on-sa...


A recent decision ratifies a rule that had been percolating through the district courts for some time. By Sebastian Kaplan


Law Practice

How was the Fenugreek?

Jul. 18, 2016

We can learn a lot from internet restaurant reviews when it comes to our legal memos and opinions. By David M. Balabanian


Administrative/Regulatory

Regulation of California's medical marijuana industry is here, and new state laws are establishing a slew of unprecedented cha...


Perspective

Lessons learned from recent data breach litigation about employee personal information. By Nabeel Ahmad


The most successful startup businesses stay abreast of the expanding options for raising funds. By Murray Indick and Mark Thom


Tax

Is your insurance bad faith recovery taxable?

Jul. 15, 2016
By Robert W. Wood

It can depend on numerous variables. Does it amount to a compensatory recovery for physical injuries or physical sickness (tax...


Perspective

Gender disparities continue to plague law firms, yet pay discrimination claims against law firms are relatively rare. By Jeffr...


Constitutional Law

FBI, NSA can't sidestep the Fourth Amendment

Jul. 15, 2016
By Andrew Crocker

A DOJ attorney made some dramatic claims at the 9th Circuit last week during argument in an important criminal case involving ...


In a pair of pending cases, our state Supreme Court should defer to these laws and rein in litigation abuse. By Kim Stone


Securities

Fancy footwork won't shake taxes in UFC sale

Jul. 14, 2016
By Robert W. Wood

After months of sale or no sale debate, now it is official, as the 23-year-old UFC sells itself for $4 billion.


The "Happy Birthday" class action settlement, which resulted in a court order placing the song in the public domain and a $14 ...


Perspective

For the sake of the Republic, Justice Ruth Bader Ginsburg should keep her fears to herself. By Richard W. Painter