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In California, there's a small army of attorneys who work for the state court system. And they're not called "law clerks." By ...


Insurance

Does CGL cover data exposed on internet?

May 6, 2016
By Caroline A. Lindsey

A recent decision from the 4th Circuit is an important victory for policyholders seeking coverage for data breaches under trad...


Perspective

Gig economy may have to wait for answers

May 6, 2016
By Valerie J. Brender

if the district court approves the settlement, the Uber litigation will no longer be the bellwether case for whether tech comp...


As the 2016 presidential election draws near, we can ask ourselves which candidates best understand the potential for popularl...


Constitutional Law

As the 2016 presidential election draws near, we can ask ourselves which candidates best understand the potential for popularl...


Insurance, Ethics/Professional Responsibility

Considerations for when it's time to change malpractice insurers

May 6, 2016
By J. Randolph Evans, Shari L. Klevens

Every law firm should make the decision regarding whether to change legal malpractice insurance companies based on its own fac...


Perspective

California trade secrets vs. the DTSA

May 5, 2016
By Andrea Jill Weiss Jeffries

How do the Defend Trade Secrets Act's key features compare them to California's trade secrets law? By Andrea Weiss Jeffries an...


Intellectual Property

There's a reason the Defend Trade Secrets Act passed unanimously in the Senate and by a vote of 410-2 in the House. It's impor...


'Deflategate' is a bit overinflated

May 5, 2016
By Steven H. Kruis

Despite the sensation headlines, the recent "Deflategate" case is simply a straight-forward arbitration and contract analysis ...


Education

Courts shouldn't make education policy

May 5, 2016
By Lance Izumi

In a recent decision, the California Court of Appeal correctly ruled that it was up to the California Legislature, not the jud...


Perspective

End the myopic focus on Section 7

May 5, 2016
By Mark S. Ross

It's time for the NLRB to retire its Lutheran Heritage decision, which invalidates many a facially neutral rule solely ...


Transportation

Despite crisis, texting and driving laws lag

May 4, 2016
By Jonathan A. Michaels

The National Highway Traffic Safety Administration has determined that texting and driving is six times more dangerous than dr...


Labor/Employment

At first glance, a recent decision seems to fill a curious gap in California employment discrimination law by clarifying that ...


Perspective

Still work to do on sexual misconduct laws

May 4, 2016
By Jeremy D. Pasternak

When I expressed to my mother an interest in plaintiff-side employment law, she expressed concern that there might not be suff...


Perspective

3-D printed organs: patent eligible?

May 4, 2016
By Brian Hopkins

While there is little debate that 3-D bio-printers and methods of bio-printing organs are patent eligible under 35 U.S.C. Sect...


Family

Tax opinion may affect support deductions

May 3, 2016
By Navid Moshtael

What happens when the court orders a spouse to continue to pay the expenses of the other party without setting a specific amou...


Perspective

Tort claims aren't always preempted by ERISA

May 3, 2016
By Eric Whitehead

In two recent decisions, judges of the U.S. District Court for the Northern District of California have brought clarity to the...


Perspective

Our dearly departed Prince, a person who had the resources to receive advice and guidance from the finest estate planners, app...


Law Practice

The good old daze

May 3, 2016
By David M. Balabanian

There is an active market in complaints that law practice is no longer as honorable or enjoyable as it used to be. By David M....


Appellate Practice

Did I say 'law clerk'?

May 3, 2016
By Myron Moskovitz

When I used that term in my last column, I caught hell for it.


Judges and Judiciary

Chatting with Richard Mosk

May 3, 2016
By Arthur Gilbert

The loss of a dear, close friend like Richard is difficult to bear. But there is comfort in his palpable and continued presenc...


Alternative Dispute Resolution

Family law mediations require confidentiality

Apr. 30, 2016
By Fern Topas Salka, Frederick J. Glassman

It has long been recognized that the sine qua non of mediation is the assurance of confidentiality, which is crucial to the op...


Perspective

Model T laws in a Tesla-driven world

Apr. 30, 2016
By Scott M. Wornow

How long should we expect it to take for laws and regulations to evolve from a world of mechanical-based automobiles to one in...


State Bar & Bar Associations

Policy decisions are better when informed by data

Apr. 30, 2016
By Randal John Meyer

Most people agree that it is good to inform policy decisions with empirical data. Then again, the California State Bar is not ...


Education

The fundamental right to education

Apr. 30, 2016
By John Affeldt

In one of the most important cases of our generation, the California Court of Appeals ruled that there is no minimum guarantee...


Perspective

Yet another attack on encryption

Apr. 30, 2016
By Nate Cardozo

Security experts have agreed that a "unicorn system" that is both secure and open to law enforcement simply isn't plausible. B...


Ethics/Professional Responsibility

Within the grand architecture of legal ethics, the attorney's duty to supervise subordinates might be compared to a prosaic co...


If settlement proceeds are not used to reimburse Medicare, counsel who have held the settlement funds, as well as the insuranc...


Litigation

Fee awards: granted by association

Apr. 29, 2016
By Richard R. Terzian

What many lawyers do not realize is that pursuit of claims under statutes that do not allow for fees may provide fees by "osmo...


The Defend Trade Secrets Act seems to address a gap in the current California trade secret laws and precedent that Silicon Val...