Litigation
You can win the battle and lose the war
Under a recent California Supreme Court ruling, the sophisticated intermediary doctrine in an asbestos case is an affirmative ...
Law Practice
Translations from cant
Each generation has its share of cant phrases. Here, with translations, are some currently favored by lawyers and others. By ...
A Wyoming federal district court dealt a blow to the Obama administration's environmental policies when it struck down the Bur...
Environmental
Climate plan review looms
To defend the Clean Power Plan successfully, the EPA will need to persuade the D.C. Circuit— and probably the Supreme Court — ...
Criminal
Repeat offender ruling leaves little guidance
Mathis v. U.S. places an impractical, burdensome duty on the courts to analyze state criminal laws to determine wheth...
Data Privacy
Merchants fight back over data breach fines
From the frontlines of the data breach wars: new payment card industry developments warrant increasing attention from merchant...
Judges and Judiciary
The judicial officers of the Los Angeles County Superior Court readily acknowledge that there are significant delays in gettin...
Perspective
Voisine v. U.S. is evidence that the right to keep and bear arms in self-defense is being banned and restricted case ...
Be careful out there when it comes to offshore accounts
By Robert W. Wood
The Government Accountability Office has been urging the IRS to go after offshore accounts even more aggressively.
Ethics/Professional Responsibility
Ethics rules say watch out for Wi-Fi
Advances in technology now allow attorneys to work from anywhere. However, the convenience of technology comes with some risk....
Law Practice, Law Office Management
Know when to walk, know when to run
By Daniel O'Rielly, Dena Roche
Attorney mobility and partner departures are commonplace now in California practice, and for some very good reasons.
Perspective
The transatlantic business community is still coming to terms with the complete upheaval and replacement of the EU's data laws...
Perspective
Phishing is easy, but it's also fraud
Even though HBO's hit comedy "Silicon Valley" is rendered with satiric flair, it nevertheless presents the kinds of real-world...
Judges and Judiciary, Criminal
Don't judge Persky sentence in a vacuum
By Aram B. James
To understand the severity of the punishment, one must understand the part probation plays in the overall sentencing scheme.
Perspective
New California budget included a few PAGA updates
As part of California's 2016-17 state budget accord, Gov. Jerry Brown signed Senate Bill 836, which makes several changes to C...
Perspective
Court addresses 'comprehensive' cyber policy's reach
A recent case shows why policyholders must be vigilant to prevent a "disconnect" between the policy as marketed and the actual...
U.S. Supreme Court
The Supreme Court's decision in Whole Women's Health v. Hellerstedt underscores the reality that abortion is a normal...
U.S. Supreme Court
Whole Woman's Health v. Hellerstedt is in direct conflict with the court's stated purpose of legalizing abortion — to...
Criminal
Time to transform juvenile justice
The juvenile justice system is a self-fulfilling prophesy. Youth who enter it, particularly youth of color, become trapped in ...
International
Key issues for US firms to know about UK decision to Brexit
By Stephen Gillespie
Has anything changed since June 23? By Stephen Gillespie ...
Two recent decisions published by the California Court of Appeal reflect the increasing willingness of California state courts...
Not many legal disputes hit a trifecta of Americana, but by blending free speech, football and rock 'n' roll, the roiling deba...
U.S. Supreme Court, Intellectual Property
Justices misguided in patent review case
By Ben Ryan
At several points in the Cuozzo opinion, the Supreme Court attempts to draw parallels between IPRs and the patent app...
U.S. Supreme Court, Criminal, Constitutional Law
Doctrinal synergy
By Brian M. Hoffstadt
Does 1 + 1 = 3? In math, never. In the law, sometimes. A case in point is Utah v. Strieff.
Real Estate/Development, Government, Administrative/Regulatory
Development law will help meet skyrocketing need for housing
By Constantine Baranoff
Thanks to community revitalization and investment authorities, California is on the cusp of a development resurgence backed by...
The Frank R. Lautenberg Chemical Safety Act, while not a perfect solution, gives the Environmental Protection Agency the autho...
California appellate staff attorneys are not mere mechanics: Like the judges they serve, they want to find the just result, an...
A stop led to a request for ID, which led to a call to a police dispatcher, which led to a search for outstanding warrants, wh...
United States v. Texas affirms that when the framers of the Constitution drafted its seldom-invoked take care clause ...
It has been awhile since I have written about Judge Learned Foote and many of you have inquired about him. He has diligently a...