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Litigation

Under a recent California Supreme Court ruling, the sophisticated intermediary doctrine in an asbestos case is an affirmative ...


Law Practice

Translations from cant

Jul. 11, 2016

Each generation has its share of cant phrases. Here, with translations, are some currently favored by lawyers and others. By ...


Environmental & Energy

The fracturing of Chevron deference

Jul. 11, 2016
By Julia Graeser Mata

A Wyoming federal district court dealt a blow to the Obama administration's environmental policies when it struck down the Bur...


Environmental

To defend the Clean Power Plan successfully, the EPA will need to persuade the D.C. Circuit— and probably the Supreme Court — ...


Mathis v. U.S. places an impractical, burdensome duty on the courts to analyze state criminal laws to determine wheth...


From the frontlines of the data breach wars: new payment card industry developments warrant increasing attention from merchant...


The judicial officers of the Los Angeles County Superior Court readily acknowledge that there are significant delays in gettin...


Voisine v. U.S. is evidence that the right to keep and bear arms in self-defense is being banned and restricted case ...


The Government Accountability Office has been urging the IRS to go after offshore accounts even more aggressively.


Ethics/Professional Responsibility

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

Jul. 8, 2016
By Daniel O'Rielly, Dena Roche

Attorney mobility and partner departures are commonplace now in California practice, and for some very good reasons.


The transatlantic business community is still coming to terms with the complete upheaval and replacement of the EU's data laws...


Perspective

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

Jul. 7, 2016
By Aram B. James

To understand the severity of the punishment, one must understand the part probation plays in the overall sentencing scheme.


As part of California's 2016-17 state budget accord, Gov. Jerry Brown signed Senate Bill 836, which makes several changes to C...


A recent case shows why policyholders must be vigilant to prevent a "disconnect" between the policy as marketed and the actual...


The Supreme Court's decision in Whole Women's Health v. Hellerstedt underscores the reality that abortion is a normal...


Whole Woman's Health v. Hellerstedt is in direct conflict with the court's stated purpose of legalizing abortion — to...


Criminal

The juvenile justice system is a self-fulfilling prophesy. Youth who enter it, particularly youth of color, become trapped in ...


International

Has anything changed since June 23? By Stephen Gillespie ...


Perspective

More courts enforcing arbitration agreements

Jul. 7, 2016
By Andrew S. Azarmi

Two recent decisions published by the California Court of Appeal reflect the increasing willingness of California state courts...


U.S. Supreme Court

Free speech, football and rock 'n' roll

Jul. 7, 2016
By Jean-Paul Jassy

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

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

Jul. 7, 2016
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

Thanks to community revitalization and investment authorities, California is on the cusp of a development resurgence backed by...


Environmental

The Frank R. Lautenberg Chemical Safety Act, while not a perfect solution, gives the Environmental Protection Agency the autho...


Appellate Practice

Appellate court judicial research staff attorney

Jul. 6, 2016
By Myron Moskovitz

California appellate staff attorneys are not mere mechanics: Like the judges they serve, they want to find the just result, an...


Perspective

Unlawful stops legitimized after the fact?

Jul. 6, 2016
By Marc Rotenberg

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...


Immigration

'Take care' not to make laws unilaterally

Jul. 6, 2016
By Michael W. Mcconnell

United States v. Texas affirms that when the framers of the Constitution drafted its seldom-invoked take care clause ...


Judges and Judiciary

Flying fish don't play

Jul. 6, 2016
By Arthur Gilbert

It has been awhile since I have written about Judge Learned Foote and many of you have inquired about him. He has diligently a...