Litigation
Leave settlement agreements out of your 998 offers
In Sanford v. Rasnick, the California Court of Appeal invalidated a Section 998 offer because it required a "written ...
Can a public employer prohibit cyberbullying without violating the First Amendment? By Nate Kowalski and Sharon Ormond ...
Last month, the U.S. Supreme Court issued a decision that will benefit landowners by authorizing immediate judicial review of ...
California Supreme Court
Punitve damages in bad faith cases can take into account attorney fees
By Stephen L. Raucher
Attorney fees awarded in insurance bad faith cases may be included in the calculation of punitive damages -- even if the fees ...
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
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...
The recall of nearly 70 million Takata airbags — so many that regulators have been forced to conduct a "rolling recall" — has...
Criminal, Civil Rights
For one man, justice delayed was certainly justice denied
By Joel McCabe Smith
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
An invitation for the high court to clarify sound recording law
By Carlos A. Singer
A recent 9th Circuit decision to hold Madonna and other defendants harmless in a copyright infringement action did not provide...
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
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...
Given the unique circumstances of Oracle v. Google, there is a reasonable possibility that the Federal Circuit appeal will res...
The billable hour has become a signal of deeper issues in our industry that erode otherwise healthy relationships between corp...
9th Circuit holds that the class action show must go on even when defendant deposits named plaintiff's requested damages into ...
The most valuable tracts of real estate in any legal brief are the introduction and the conclusion. By David M. Balabanian ...
The American Manufacturing Competitiveness Act of 2016 will help California manufacturers that use imported goods unavailable ...
Court of Appeal was right to affirm the dismissal of a defamation suit against a law firm which issued a celebratory press rel...
Perspective
Practical tips to avoid legal risk associated with medical records
By Marcia Augsburger
Legal counsel should help health care provider-clients develop effective and compliant medical documentation programs to encou...
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
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...
The 7th Circuit recently found that concerted activity is a fundamental substantive right under Section 7 of the National Labo...
Effective corporate governance requires close, integrated collaboration among corporate legal, finance and human resource func...
Perspective
Winning coverage for breach of an IP license agreement
By Daniel A. Johnson
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
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. ...
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
Push for renewable energy no longer driven solely by policy
By Jerry R. Bloom
The new driver is consumer demand for green products and services and this will necessitate changes in the regulatory and lega...
Perspective
9th Circuit OKs multiple claims for relief under ERISA
By Robert J. McKennon
One of the most significant developments in the law concerning the Employee Retirement Income Security Act of 1974 (ERISA) in ...
The debate over the current legislation is just the latest federal battle concerning the Sacramento-San Joaquin Delta. By Ryan...
Perspective
Once information is machine readable, the transition to artificial intelligence will be rapid
By Nicole Shanahan
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
By Duffy Carolan
The California Supreme Court recently held that an inadvertent disclosure of documents in response to a California Public Reco...