In a recent published opinion, the 9th Circuit demonstrated that it understands that insurance companies frequently use doctor...
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State high court asked to define 'occurrence' under CGL policy
By Michael R. Velladao
Courtesy of the 9th Circuit, the state high court has been afforded the opportunity to answer whether claims for negligent hir...
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
Beware 'common carriers' after ruling in AT&T data-throttling case
By Anita Taff-Rice
The 9th Circuit recently slammed shut the door on the Federal Trade Commission's ability to act as a consumer watchdog for dec...
Last month, the 9th Circuit became the first circuit to hold that CEOs and CFOs may be required to pay back bonuses after rest...
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
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
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
New law may extend time to challenge fraudulent transfers
By Evan W. Granowitz
For at least 20 years, transfers made more than seven years prior were not subject to challenge by a creditor as a fraudulent ...
Perspective
Tech companies: Are you acting as a financial intermediary?
By Dan Friedberg
Although money transmission is not a new or foreign concept, many technology companies fail to recognize that they are engaged...
A Florida judge's recent ruling shows that evolving technologies like cryptocurrencies, bitcoin and the blockchain do not alwa...
California's current death penalty has proven to be an arbitrary and unreliable government program that has cost taxpayers $5 ...
Perspective
Vergara plaintiffs were just the first to bring this issue to the courts
By Ralia E. Polechronis
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
By Jeffrey M. Fisher
In law school we struggled to grasp old, cryptic, monolithic judicial opinions. And many lawyers, trained to read those opinio...
Your reply brief might turn out to be the most important vehicle for influencing an appellate court. A few judges think the re...
The governor rightly vetoed AB 1766 — which would prohibit a criminal court and each party from referring to prospective juror...
If the court doesn't provide one, bring your own. There are alternatives, but they're rather unappetizing. By Paul Kujawsky ...
California Supreme Court
Bristol-Myers: Ruling thwarts divide and conquer strategy
By Sharon J. Arkin
The real motivation in challenging jurisdiction is not because litigating here would be difficult or unfair; the real motivati...
California Supreme Court
Bristol-Myers: Expansive view of PJ undermines precedent
By Paul F. Utrecht
Without jurisdictional limits, the confines of due process will be eroded and the predictability of litigation will be replace...
I am a strong proponent… No, I need a more forceful adjective. How about "obsessive"? Yes, …an obsessive proponent, advocate, ...
Data Privacy
Human error is your business' biggest cybersecurity risk
By Eileen R. Ridley
The greatest threat to a business's cybersecurity isn't hackers, viruses or malware — it's employees unknowingly clicking on r...
Government
Alameda processing food stamp applications faster after lawsuit
By Thomas V. Loran III
One firm's pro bono efforts resulted in a 750 percent increase in Alameda County's food-stamp processing timeliness.
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
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
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...
A recent Supreme Court decision resolves more than a decade of conflict over whether the state is required to reimburse cities...
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
State high court will likely adopt federal de minimis rule
By Felix Shafir
The 9th Circuit recently asked the California Supreme Court to answer whether the federal "de minimis rule" for wage actions ...
Solo and Small Firms
Southern California real estate firm boasts decades of experience
By Tori Richards
Irvine firm specializes in land use transactions, helping to build Southern California's communities ...
Labor/Employment, California Supreme Court
Just how far does an employer's duty of care extend?
By Kirk C. Jenkins
Should the tort duty of care owed by an employer extend beyond the employee -- such as to an employee's nephew or frequent hou...