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Perspective

Don't gamble with the right to appeal

Jun. 4, 2016
By Ilana Herscovitz

As highlighted in a recent case, appellants must designate the transcript on appeal whenever resolution of the appeal turns on...


Perspective

The House of Representatives voted 403-12 last week to pass Toxic Substances Control Act overhaul legislation, the Frank R. La...


A recent decision may signal that the tide is again changing in California, and courts may be more likely to refuse to enforce...


Perspective

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

Jun. 3, 2016
By Nicolas Morgan, Sam S. Puathasnanon

In recent months, through public statements by commissioners and other senior officials and enforcement actions, the Securitie...


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

Lawyers on Wednesday applauded a decision by the state Supreme Court to abolish the depublication of lower California appellat...


Perspective

California law enforcement agencies in the last couple months have been allocating significant resources to pursuing criminal ...


Intellectual Property

Employers wanting to preserve all possible remedies available for trade secret misappropriation should update their employee n...


Intellectual Property

Does DTSA cover pre-DTSA acts?

Jun. 2, 2016
By Jonah D. Mitchell

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

Jun. 2, 2016
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...


Constitutional Law

The right to keep and bear and buy arms

Jun. 2, 2016
By Imran Khaliq

The 9th Circuit recently found that a zoning ordinance which regulates where guns can be sold in Alameda County should be subj...


Judges and Judiciary

Take a judge, leave a judge

Jun. 2, 2016
By Brian L. McCabe

Enormous judgeship shortfalls exist throughout the state and all to the public's detriment. Redistributing judgeships is a zer...


Constitutional Law

Right of publicity vs. the First Amendment

Jun. 1, 2016
By Kevin L. Vick

What makes the 9th Circuit's decision in Sarver remarkable is that the court held that right of publicity laws are subj...


Litigation

A tax hypo, funded by Silicon Valley

Jun. 1, 2016
By Robert W. Wood

Of course, investing in lawsuits sounds strange. Selling off pieces of a suit does, too. But it is increasingly common. And le...


Perspective

What's worrying wine in California?

Jun. 1, 2016
By John E. Trinidad

Laws that restrict market access and land use regulations that impact winery development and visitation are the most pressing ...


Intellectual Property

International trade accounts for 30 percent of the United States GDP. But given the state of U.S. patent law, companies that p...


Intellectual Property

Why did the jury rule for Google?

Jun. 1, 2016
By Pamela Samuelson

Larry Ellison's late decision to sue Google might have convinced jurors that Oracle merely wanted payday for Google's success ...


Appellate Practice

The average days pending from grant to decision on the California Supreme Court civil side has increased 25 percent from the e...


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

May 28, 2016
By Christopher M. Honigsberg

Eliminating the statute of limitations for rape victims will ensure that prosecutions will be based on proof, corroboration an...


Perspective

The EU is not unity merely for the sake of unity

May 28, 2016
By John S. Claassen

It was conceived of and is a protector of basic human rights from threats emanating from within and without. By John Claassen ...


Litigation

Hulkster tags Thiel in epic Gawker body slam

May 28, 2016
By Anoush Hakimi

The revelation that Peter Thiel, one of Silicon Valley's most prominent investors, financed Hulk Hogan's legal costs in a priv...


International

Senate botched 9/11 bill

May 28, 2016
By Stephen I. Vladeck

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

The states and the FDA are severely restricting a product that has proven to be a beneficial alternative to traditional tobacc...


Perspective

The United States v. iPhone User

May 27, 2016
By Dan D. Terzian

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

By 2020, greenhouse gas emissions in California must be no greater than they were in 1990, under the California Global Warming...


GC Email

A timely controversy over attorney fees

May 27, 2016
By Lawrence W. Schonbrun

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?

May 27, 2016
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

May 27, 2016
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...