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In Sanford v. Rasnick, the California Court of Appeal invalidated a Section 998 offer because it required a "written ...


Technology & Science

Free speech rights tested by cyberbullying

Jun. 16, 2016
By Nathan J. Kowalski

Can a public employer prohibit cyberbullying without violating the First Amendment? By Nate Kowalski and Sharon Ormond ...


Perspective

Wetland decision is a landmark ruling

Jun. 16, 2016
By Skip Spaulding

Last month, the U.S. Supreme Court issued a decision that will benefit landowners by authorizing immediate judicial review of ...


California Supreme Court

Attorney fees awarded in insurance bad faith cases may be included in the calculation of punitive damages -- even if the fees ...


Perspective

NYT's fix for misconduct is a bit naïve

Jun. 16, 2016
By Stephen Cooper

In a convoluted crackpot of a column, the New York Times proves that the ideas of journalists, however well-meaning, are not l...


U.S. Supreme Court, Judges and Judiciary, Constitutional Law

No excuse for failure to recuse

Jun. 16, 2016
By Charles S. Doskow

The rule that none can serve as both accuser and adjudicator in the same case is more than a proverb -- it is a principle of e...


Perspective

Airbag recall puts consumers in a bind

Jun. 15, 2016
By Jonathan A. Michaels

The recall of nearly 70 million Takata airbags — so many that regulators have been forced to conduct a "rolling recall" — has...


Criminal, Civil Rights

William Richards was convicted of Pamela's murder and sentenced to prison for 25-years-to-life based on what has now been con...


Intellectual Property

A recent 9th Circuit decision to hold Madonna and other defendants harmless in a copyright infringement action did not provide...


Perspective

Life under California state copyright

Jun. 15, 2016
By Ernesto Omar Falcon

Assembly Bill 2880 would grant for the first time a statewide copyright over state government works in California. By Ernesto ...


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

Gun rights may shift in Scalia's absence

Jun. 15, 2016
By Erwin Chemerinsky

With the change in the composition of the U.S. Supreme Court because of Justice Antonin Scalia's death, the constitutional pro...


Intellectual Property

Fair use might get more fair

Jun. 14, 2016
By Art S. Rose, Nick Belair

Given the unique circumstances of Oracle v. Google, there is a reasonable possibility that the Federal Circuit appeal will res...


Perspective

Nonhourly fee deal may outweigh hourly

Jun. 14, 2016
By Laura J. Maechtlen

The billable hour has become a signal of deeper issues in our industry that erode otherwise healthy relationships between corp...


Appellate Practice

Loot doesn't equal moot in 9th Circuit

Jun. 14, 2016
By Charles M. Kagay

9th Circuit holds that the class action show must go on even when defendant deposits named plaintiff's requested damages into ...


Litigation

Vacant lots

Jun. 14, 2016
By David M. Balabanian

The most valuable tracts of real estate in any legal brief are the introduction and the conclusion. By David M. Balabanian ...


Perspective

Duty reductions for California manufacturers

Jun. 11, 2016
By J. Michael Taylor

The American Manufacturing Competitiveness Act of 2016 will help California manufacturers that use imported goods unavailable ...


Litigation

Law firm puffery protected

Jun. 11, 2016
By Karl Olson

Court of Appeal was right to affirm the dismissal of a defamation suit against a law firm which issued a celebratory press rel...


Perspective

Legal counsel should help health care provider-clients develop effective and compliant medical documentation programs to encou...


Perspective

Prenatal limitations statute circuit split

Jun. 11, 2016
By Don Willenburg

New 9th Circuit decision causes split on which statute of limitations applies to claims of prenatal chemical exposure. By Don ...


Law Practice, Law Office Management

Why and when partners leave a law firm

Jun. 10, 2016
By Daniel O'Rielly, Dena Roche

Lawyers frequently move from one firm to another, sometimes alone, sometimes with groups, but almost always with significant i...


Perspective

The NLRA in the 21st century

Jun. 10, 2016
By Peter S. Rukin

The 7th Circuit recently found that concerted activity is a fundamental substantive right under Section 7 of the National Labo...


Perspective

Essential triad of corporate risk management

Jun. 10, 2016
By Scott M. Wornow

Effective corporate governance requires close, integrated collaboration among corporate legal, finance and human resource func...


Perspective

Ongoing litigation in the Northern District of California provides a timely study for policyholders pursuing coverage for a su...


Ethics/Professional Responsibility

Replacement counsel incurs risks as well as rewards

Jun. 10, 2016
By J. Randolph Evans, Shari L. Klevens

Taking over a case that has gone off the rails involves a series of unique challenges and risks for replacement counsel. ...


Tax

Can you 'take the Fifth' when the IRS knocks?

Jun. 9, 2016
By Robert W. Wood

Not usually. Many people find that a shock. After all, remember the case of IRS official Lois Lerner, who ran the IRS tax exem...


Environmental & Energy

The new driver is consumer demand for green products and services and this will necessitate changes in the regulatory and lega...


Perspective

One of the most significant developments in the law concerning the Employee Retirement Income Security Act of 1974 (ERISA) in ...


Perspective

Fish vs. farms vs. people

Jun. 9, 2016
By Ryan Bezerra

The debate over the current legislation is just the latest federal battle concerning the Sacramento-San Joaquin Delta. By Ryan...


Computers will one day be capable of completing many of the higher-order activities lawyers perform today. By Nicole Shanahan ...


Unclear how CPRA decision will play out

Jun. 8, 2016
By Duffy Carolan

The California Supreme Court recently held that an inadvertent disclosure of documents in response to a California Public Reco...