Two recent decisions published by the California Court of Appeal reflect the increasing willingness of California state courts...
Not many legal disputes hit a trifecta of Americana, but by blending free speech, football and rock 'n' roll, the roiling deba...
U.S. Supreme Court, Intellectual Property
Justices misguided in patent review case
By Ben Ryan
At several points in the Cuozzo opinion, the Supreme Court attempts to draw parallels between IPRs and the patent app...
U.S. Supreme Court, Criminal, Constitutional Law
Doctrinal synergy
By Brian M. Hoffstadt
Does 1 + 1 = 3? In math, never. In the law, sometimes. A case in point is Utah v. Strieff.
Real Estate/Development, Government, Administrative/Regulatory
Development law will help meet skyrocketing need for housing
By Constantine Baranoff
Thanks to community revitalization and investment authorities, California is on the cusp of a development resurgence backed by...
The Frank R. Lautenberg Chemical Safety Act, while not a perfect solution, gives the Environmental Protection Agency the autho...
California appellate staff attorneys are not mere mechanics: Like the judges they serve, they want to find the just result, an...
A stop led to a request for ID, which led to a call to a police dispatcher, which led to a search for outstanding warrants, wh...
United States v. Texas affirms that when the framers of the Constitution drafted its seldom-invoked take care clause ...
It has been awhile since I have written about Judge Learned Foote and many of you have inquired about him. He has diligently a...
Whatever the reason, many businesses and individuals toy with the idea of avoiding California taxes by moving. By Robert W. Wo...
The court recently made two significant changes to streamline the management and resolution of these complex cases. By Anne Go...
Perspective
Spokeo decision narrows the path for data breach plaintiffs
By Michelle L. Visser
The first indications of this new landscape for data security litigants are already beginning to emerge. By Michelle Visser, D...
I say leave Judge Persky alone; the real gripe should be with lawmakers who chose not to make this offense punishable by a man...
If we set out to formulate a senseless sentencing scheme, it would be difficult to devise one that resulted in a number that e...
Mathis v. United States stands for the proposition that the government always carries the burden of proving that a pr...
Neither the California Supreme Court nor the 9th U.S. Circuit Court of Appeals has ruled on the issue of so-called "self-help"...
On the 13th anniversary of its 2003 decision in the landmark Grutter v. Bollinger, the U.S. Supreme Court finally put...
Perspective
FDA has issued new food safety regulations to fight terrorism
By Leslie T. Krasny
Will consolidating the U.S. food industry's vulnerabilities into centralized and detailed plans create a new and significant w...
Perspective
9th Circuit says city was underpaying its police force
By Cynthia M. Germano
The court recently rendered an unprecedented opinion in Flores v. City of San Gabriel concerning the regular rate of ...
Native Americans
Court gets right balance between tribal sovereignty and rights of the accused
By Jack Duran
The Supreme Court correctly held that the Sixth Amendment does not compel Indian tribes to provide counsel to indigent tribal ...
If it passes, the CREATES bill will help bring generic drugs to market more quickly. By Robin Feldman ...
Much about the recent settlement in the class action against Ticketmaster demonstrates what is wrong with class actions in Cal...
In his final thoughts in a recent concurrence, a 9th Circuit judge writes that "the case law ... has drifted from what Congres...
Supreme Court round up
By James Azadian
Earlier this week, the Supreme Court issued its final decisions of the October 2015 term. Here is a look at the major decision...
Ethics/Professional Responsibility
The ethics of investing in a client
By J. Randolph Evans, Shari L. Klevens
Cash is king, but alternative forms of payment for legal services are becoming more common. ...
Perspective
Insurers face big punitive exposure for California bad faith claims
By Michael S. Gehrt
In California and numerous other jurisdictions, an insurer may be liable for economic losses, emotional distress, certain atto...
The withdrawal of the United Kingdom from the European Union will have many consequences for businesses around the globe. By A...
Administrative/Regulatory
FAA final rule doesn't advance drone debate
By Mary Ellen Callahan, Laura Fong
On June 21, the Federal Aviation Administration finally issued a final rule regarding the non-hobbyist operations of small dro...
If the cost of first-year salary increases is passed to clients, alternative fee arrangements, regional firms and "offshore" e...