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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...


Appellate Practice

Your reply brief should reply, not repeat

Sep. 7, 2016
By Myron Moskovitz

Your reply brief might turn out to be the most important vehicle for influencing an appellate court. A few judges think the re...


Constitutional Law

The governor rightly vetoed AB 1766 — which would prohibit a criminal court and each party from referring to prospective juror...


Judges and Judiciary

Surviving without court reporters

Sep. 7, 2016
By Paul Kujawsky

If the court doesn't provide one, bring your own. There are alternatives, but they're rather unappetizing. By Paul Kujawsky ...


California Supreme Court

The real motivation in challenging jurisdiction is not because litigating here would be difficult or unfair; the real motivati...


California Supreme Court

Without jurisdictional limits, the confines of due process will be eroded and the predictability of litigation will be replace...


Judges and Judiciary

Shorter, better, clearer, stronger

Sep. 7, 2016
By Arthur Gilbert

I am a strong proponent… No, I need a more forceful adjective. How about "obsessive"? Yes, …an obsessive proponent, advocate, ...


Data Privacy

The greatest threat to a business's cybersecurity isn't hackers, viruses or malware — it's employees unknowingly clicking on r...


Government

One firm's pro bono efforts resulted in a 750 percent increase in Alameda County's food-stamp processing timeliness.


Transportation

Long road ahead for autonomous vehicle laws

Sep. 3, 2016
By Patice A. Gore

Before speeding ahead into the world of autonomous technology, legislatures need to take a critical look at what a driverless ...


Perspective

Patent program for cancer treatments has its downsides

Sep. 3, 2016
By Courtenay C. Brinckerhoff

The U.S. Patent Office's new Patents 4 Patients Program, which offers expedited examination of certain cancer treatment patent...


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

We don't need the 9th Circuit to retry criminal cases

Sep. 3, 2016
By Lawrence Waddington

The U.S. Supreme Court ended its recent term by filing five reversals of the 9th Circuit. Added to other 9th Circuit cases rev...


Government

California must pay for stormwater mandates

Sep. 3, 2016
By Rebecca Andrews

A recent Supreme Court decision resolves more than a decade of conflict over whether the state is required to reimburse cities...


Litigation

Courts still wrestling with arbitration question

Sep. 3, 2016
By Cary D. Sullivan

Federal and state courts have long struggled with the role that arbitrators should play in determining whether an arbitration ...


Labor/Employment, California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals

The 9th Circuit recently asked the California Supreme Court to answer whether the federal "de minimis rule" for wage actions ...


Solo and Small Firms

Irvine firm specializes in land use transactions, helping to build Southern California's communities ...


Labor/Employment, California Supreme Court

Should the tort duty of care owed by an employer extend beyond the employee -- such as to an employee's nephew or frequent hou...