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Perspective

More courts enforcing arbitration agreements

Jul. 7, 2016
By Andrew S. Azarmi

Two recent decisions published by the California Court of Appeal reflect the increasing willingness of California state courts...


U.S. Supreme Court

Free speech, football and rock 'n' roll

Jul. 7, 2016
By Jean-Paul Jassy

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

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

Jul. 7, 2016
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

Thanks to community revitalization and investment authorities, California is on the cusp of a development resurgence backed by...


Environmental

The Frank R. Lautenberg Chemical Safety Act, while not a perfect solution, gives the Environmental Protection Agency the autho...


Appellate Practice

Appellate court judicial research staff attorney

Jul. 6, 2016
By Myron Moskovitz

California appellate staff attorneys are not mere mechanics: Like the judges they serve, they want to find the just result, an...


Perspective

Unlawful stops legitimized after the fact?

Jul. 6, 2016
By Marc Rotenberg

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...


Immigration

'Take care' not to make laws unilaterally

Jul. 6, 2016
By Michael W. Mcconnell

United States v. Texas affirms that when the framers of the Constitution drafted its seldom-invoked take care clause ...


Judges and Judiciary

Flying fish don't play

Jul. 6, 2016
By Arthur Gilbert

It has been awhile since I have written about Judge Learned Foote and many of you have inquired about him. He has diligently a...


Tax

Leaving California? Mind your taxes

Jul. 2, 2016
By Robert W. Wood

Whatever the reason, many businesses and individuals toy with the idea of avoiding California taxes by moving. By Robert W. Wo...


Judges and Judiciary

Courts up close: Alameda County

Jul. 2, 2016
By Anne M. Lawlor Goyette

The court recently made two significant changes to streamline the management and resolution of these complex cases. By Anne Go...


Perspective

The first indications of this new landscape for data security litigants are already beginning to emerge. By Michelle Visser, D...


Perspective

Blame the law, not the judge

Jul. 2, 2016
By Philip C. Dubé

I say leave Judge Persky alone; the real gripe should be with lawmakers who chose not to make this offense punishable by a man...


Criminal

A smarter way to sentence humans

Jul. 2, 2016
By Konrad Moore

If we set out to formulate a senseless sentencing scheme, it would be difficult to devise one that resulted in a number that e...


Perspective

Mathis v. United States stands for the proposition that the government always carries the burden of proving that a pr...


Perspective

Self-help discovery?

Jul. 2, 2016
By Irma Rodriguez Moisa

Neither the California Supreme Court nor the 9th U.S. Circuit Court of Appeals has ruled on the issue of so-called "self-help"...


U.S. Supreme Court

The evolution of Justice Kennedy

Jul. 2, 2016
By Eva J. Paterson

On the 13th anniversary of its 2003 decision in the landmark Grutter v. Bollinger, the U.S. Supreme Court finally put...


Perspective

Will consolidating the U.S. food industry's vulnerabilities into centralized and detailed plans create a new and significant w...


Perspective

The court recently rendered an unprecedented opinion in Flores v. City of San Gabriel concerning the regular rate of ...


The Supreme Court correctly held that the Sixth Amendment does not compel Indian tribes to provide counsel to indigent tribal ...


Perspective

Fixing the generic regulatory process

Jul. 1, 2016
By Robin Feldman

If it passes, the CREATES bill will help bring generic drugs to market more quickly. By Robin Feldman ...


Litigation

Much about the recent settlement in the class action against Ticketmaster demonstrates what is wrong with class actions in Cal...


Environmental & Energy

Judge calls on Congress to fix CERCLA

Jul. 1, 2016
By Jeffrey Dintzer

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

Jul. 1, 2016
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

Jul. 1, 2016
By J. Randolph Evans, Shari L. Klevens

Cash is king, but alternative forms of payment for legal services are becoming more common. ...


Perspective

In California and numerous other jurisdictions, an insurer may be liable for economic losses, emotional distress, certain atto...


Perspective

What will Brexit mean for IP rights?

Jun. 30, 2016
By Anthony Keats

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

Jun. 30, 2016
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...


Law Practice, Corporate

Adapting to associate pay bumps

Jun. 30, 2016
By Olga V. Mack

If the cost of first-year salary increases is passed to clients, alternative fee arrangements, regional firms and "offshore" e...