As highlighted in a recent case, appellants must designate the transcript on appeal whenever resolution of the appeal turns on...
The House of Representatives voted 403-12 last week to pass Toxic Substances Control Act overhaul legislation, the Frank R. La...
Litigation
Ruling should give employers pause with arbitration agreements
By Hilary Weddell
A recent decision may signal that the tide is again changing in California, and courts may be more likely to refuse to enforce...
Though not effective until Dec. 1, it's not too early to become familiar with Federal Rules of Appellate Procedure amendments ...
Securities, Government, Administrative/Regulatory
SEC taking hard look at private equity
By Nicolas Morgan, Sam S. Puathasnanon
In recent months, through public statements by commissioners and other senior officials and enforcement actions, the Securitie...
Several blockbuster cases remain on the docket this term
By James Azadian
Due to Justice Antonin Scalia's passing, the court has had to decide more than two-thirds of the cases with an eight-member be...
California Courts of Appeal
High court shifts on depublishing
Lawyers on Wednesday applauded a decision by the state Supreme Court to abolish the depublication of lower California appellat...
Perspective
More criminal charges for public works wage violations
By Stewart J. Powell
California law enforcement agencies in the last couple months have been allocating significant resources to pursuing criminal ...
Intellectual Property
Modify employee agreements to maximize DTSA remedies
By Linda Macleod
Employers wanting to preserve all possible remedies available for trade secret misappropriation should update their employee n...
The initial alleged trade secret misappropriation act might dictate DTSA applicability if the continuing activity is treated a...
Constitutional Law
Protecting minors and the First Amendment
By Seana Valentine Shiffrin
Does North Carolina's law making it a felony for sex offenders to use websites like Facebook go too far? By Seana Valentine S...
The 9th Circuit recently found that a zoning ordinance which regulates where guns can be sold in Alameda County should be subj...
Enormous judgeship shortfalls exist throughout the state and all to the public's detriment. Redistributing judgeships is a zer...
What makes the 9th Circuit's decision in Sarver remarkable is that the court held that right of publicity laws are subj...
Of course, investing in lawsuits sounds strange. Selling off pieces of a suit does, too. But it is increasingly common. And le...
Laws that restrict market access and land use regulations that impact winery development and visitation are the most pressing ...
Intellectual Property
Unsettled patent law creates uncertainty for 'importers'
By Louis Touton
International trade accounts for 30 percent of the United States GDP. But given the state of U.S. patent law, companies that p...
Larry Ellison's late decision to sue Google might have convinced jurors that Oracle merely wanted payday for Google's success ...
Appellate Practice
Data shows average appeal time increasing in California
By Kirk C. Jenkins
The average days pending from grant to decision on the California Supreme Court civil side has increased 25 percent from the e...
Right of publicity vs. the First Amendment
What makes the 9th Circuit's decision in Sarver remarkable is that the court held that right of publicity laws are subject to ...
Criminal
Senate Bill 813 will promote justice for rape victims
By Christopher M. Honigsberg
Eliminating the statute of limitations for rape victims will ensure that prosecutions will be based on proof, corroboration an...
It was conceived of and is a protector of basic human rights from threats emanating from within and without. By John Claassen ...
The revelation that Peter Thiel, one of Silicon Valley's most prominent investors, financed Hulk Hogan's legal costs in a priv...
The version of a bill designed to make it easier for victims of the September 11 attacks to hold Saudi Arabia liable in U.S. c...
Administrative/Regulatory
FDA and California treat e-cigarettes more harshly than cigarettes
By Bryan M. Haynes
The states and the FDA are severely restricting a product that has proven to be a beneficial alternative to traditional tobacc...
We all know about the DOJ asking Apple to decrypt iPhones. But you might not know it's asking iPhone users to do the same thin...
Technology & Science
GHG emissions under CEQA after 2020: Is time running out?
By Todd O. Maiden
By 2020, greenhouse gas emissions in California must be no greater than they were in 1990, under the California Global Warming...
Uproar over the size of the attorney fees in the Uber class action settlement comes right as the state high court will hear ar...
Law Practice, Ethics/Professional Responsibility
Are you ready for nonlawyer investors?
By Teresa J. Schmid
The American Bar Association is currently considering whether to change its policy prohibiting nonlawyer ownership of law firms.
Law Practice, Law Office Management, Ethics/Professional Responsibility
Avoiding a law firm worst-case scenario
By J. Randolph Evans, Shari L. Klevens
It can be a major crisis for a law practice to discover that there is a problem with its application for legal malpractice ins...