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First enforcement action under new EU data privacy regime

Jun. 23, 2016
By Marie-José Van Der Heijden

German regulators recently issued the first fines on companies who were still relying on the now-defunct EU Safe Harbor Princi...


Perspective

Anti-SLAPP appealability getting complicated

Jun. 23, 2016
By Jens B. Koepke

There has always been a tension between the immediate appealability of California anti-SLAPP orders and the finality rules in ...


U.S. Supreme Court

High court limited the reach of RICO

Jun. 23, 2016
By Jeremy K. Robinson

On Monday, the U.S. Supreme Court ruled that private civil Racketeer Influenced and Corrupt Organizations Act claims must invo...


Criminal

The California Supreme Court should put an end to these lawsuits, which only revictimize the victims of assault and ask courts...


Judges and Judiciary

Law and motionless

Jun. 23, 2016
By Neville L. Johnson

If you are not outraged by the delays in your cases in superior court, you are not paying attention. By Neville L. Johnson and...


Media

Defending against spam shakedowns

Jun. 22, 2016
By Karl S. Kronenberger

While the pendulum has swung in the slight favor of spam defendants in the past year, there have been multiple shifts in the l...


Constitutional Law

Springsteen's — and Trump's — America

Jun. 22, 2016
By Dan Lawton

Who we are as a country can't be personified in a single person, whether he's a presidential candidate or rock star. By Dan La...


Perspective

A lawsuit against video game developer Valve Corporation raises interesting tax issues, even if none of the parties is thinkin...


Labor/Employment

Since 2015, at least 11 cities and counties have passed their own minimum wage increases, most recently the city of San Diego....


Law Practice

Why we should keep a unified bar

Jun. 22, 2016
By Paul J. Riehle

Deunification proponents are long on bluster and short on common sense and reasoned analysis. By Paul J. Riehle ...


Constitutional Law

Passively tolerating preventable mayhem

Jun. 21, 2016
By William Slomanson

Powerful forces will no doubt support the Peruta plaintiffs in their reasonable, but misdirected, quest to fix our sights on t...


Perspective

Getting divorced? Don't rush to delete your email

Jun. 21, 2016
By Mitchell A. Jacobs

Parties to a dissolution of marriage action — or even someone thinking about divorce — may be tempted to erase, delete or othe...


Perspective

Until recently, the federal rule governing classification of employees as exempt was generally irrelevant to California employ...


Corporate

Why is your software like an invention?

Jun. 21, 2016
By Manita Rawat

While the landmark patent case Alice Corp. v. CLS Bank has certainly caused software-related patents to be heavily scru...


Appellate Practice

Cite check

Jun. 21, 2016
By David M. Balabanian

The principal purpose of citing authorities is obviously to identify the applicable legal rules you contend the court must fol...


U.S. Supreme Court

It is a virtual certainty that the high court will soon be asked to decide whether an employer may require its workers to be b...


Appellate Practice

Appellate advocates, in fact, are not ostriches

Jun. 21, 2016
By Myron Moskovitz

As has been said by the 7th U.S. Circuit Court of Appeals, home to Chicago's Lincoln Park Zoo: "The ostrich is a noble animal,...


Perspective

Complex IP cases are unique in ADR

Jun. 18, 2016
By Irma E. Gonzalez

When a business model centers around copyrights, patents, trademarks or trade secrets, these high-stakes cases are the proverb...


Corporate

EU directive will harmonize trade secrets law

Jun. 18, 2016
By Susan Mclean

On May 26, 2016, the European Union adopted a trade secrets directive that promises to bring a harmonized trade secrets protec...


Perspective

There's a better way to elect judges

Jun. 18, 2016
By Jacqueline Goodman

Political corruption — the use of power for illegitimate private gain by government officials — is the expected result of a sy...


Judges and Judiciary

Earn MCLE credit reviewing the power of judges and attorneys to compel parties and witnesses to attend court. By Douglas W. St...


Law Practice, Ethics/Professional Responsibility

Lawyers lead change yet lag behind

Jun. 18, 2016
By Wendy Chang

While lawyers drive transformation in society, the profession has not been on the front lines when it comes to equality within...


Intellectual Property

This week, the U.S. Supreme Court unanimously overturned the Seagate test for enhanced damages in patent infringement...


Perspective

Too early to tell if Prop 47 is a failure

Jun. 17, 2016
By Michael C. Mcmahon

It's far too early to tell because the new treatment and community services created by Prop. 47 have yet to even commence. By ...


U.S. Supreme Court, Constitutional Law

Which one of these things is not like the others?

Jun. 17, 2016
By Brian M. Hoffstadt

In both state and federal courts, lawyers call upon the United States and California Supreme Courts to decide whether a prior ...


Criminal, Constitutional Law

A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...


U.S. Supreme Court, Constitutional Law

Don't let technology leave privacy behind

Jun. 17, 2016
By Linda C. Lye, Nicole Ozer

A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...


Criminal, Constitutional Law

Don't back government-sanctioned hacking

Jun. 17, 2016
By Zach Lerner

Congress should support the Stopping Mass Hacking Act and encourage legislative and public scrutiny of remote access searches ...


Large Firms

Jun. 16, 2016

There have been countless articles written about the perils of accepting a counteroffer. Most articles address senior level ex...


Intellectual Property

In trying to read the tea leaves on the case recently filed against Apple Inc. and Broadcom by the Caltech, a telling document...