Perspective
Federal trade secrets protection: Law would create more problems than it solves
By Bradford K. Newman
The reality is that the Defend Trade Secrets Act will create more problems than it solves as it's injected into the current st...
You keep using the word "indictment." I do not think it means what you think it means. By David Graulich ...
Judge Garland does not himself have an obvious disability or life experience with disability that is yet part of the public re...
U.S. Supreme Court
Justices search to limit FCA rather than axing legal theory
By Jonathan Schmidt
The Supreme Court didn't seem interested in adopting either side's position at oral argument in a recent case about the False ...
Intellectual Property
Current thinking in law firm BYOD practice is outdated
By Joseph M. Burton
However well-meaning demands to use our own personal devices may be, law firms and attorneys are required by strict ethical st...
The United States Patent and Trademark Office recently published for comment proposed rule changes governing practice before t...
Labor/Employment
State judges should ignore Iskanian's take on federal law
By Dennis Moss
Given National Labor Relations Board decisions following Iskanian, such tempered deference to the decision is not warra...
In this debate, there are few easy answers. By David W. Opderbeck ...
Several recent cases, including a Supreme Court ruling last week, mark the beginning of a transforming regulatory landscape fo...
No one wants to feel like a loser. But if you ever should want a reason to hate yourself a little more, then do what I did las...
Tom Cruise once told us that we couldn't handle the truth. It's become clear now that Hollywood can't either. That's because a...
Securities, Government, Administrative/Regulatory
A major win for criminal defense attorneys
By Thomas A. Zaccaro, Nicolas Morgan
In a recent ruling, the Supreme Court said that an asset freeze violates a defendant's Sixth Amendment right to counsel when s...
Whether or not to self-report violations of the Foreign Corrupt Practices Act has constituted a problematic and vexing questio...
A recently issued and strongly worded opinion by a federal court of appeals held that the district court "significantly overst...
Things such as typos or open warfare between subject and predicate will — like it or not — make some readers suspect that your...
Labor/Employment
9th Circuit says it's too late to quibble in Tibble ERISA case
By M'Alyssa C. Mecenas
As one Spanish proverb goes, "To change one's mind is rather a sign of prudence than ignorance." The latest installment in the...
Law Practice, Law Office Management, Bankruptcy, 9th U.S. Circuit Court of Appeals
Will 9th Circuit wrap up 'unfinished business'?
By Suzzanne Uhland, Jennifer M. Taylor
Whether the "Jewel doctrine" remains good law (and good policy), however, has come into question in light of the recent...
California Courts of Appeal
Better adjudicating campus sexual assault
By David DeGroot
A recent case should call into question the mandates of the U.S. Department of Education's Office of Civil Rights and that off...
Despite its good viewer share — some evidence that the Simpson case will continue to live on — the recent series purporting to...
U.S. Court of Appeals for the 9th Circuit
Court lets Greenpeace off the hook for fines?
By Ben Feuer
This, our inaugural column, discusses an opinion the 9th Circuit released in early March, Shell Offshore Inc. v. Greenpeace...
The objective of this article and self-study test is to familiarize bench officers and litigants with the most important featu...
Corporate, Contracts
Contracts, and attorneys, must evolve with software
By S. David Goldenberg
Companies offering their services via the web, either in browsers as a subscription service should review their licensing lang...
Administrative/Regulatory
Legal framework lacking in the Age of Drones
By Scott C. Hall
Drones are here to stay, but the legal and regulatory framework necessary to fully realize the anticipated benefits of drones ...
Now, that a judge has approved BP's $20 billion settlement over the spill, it is appropriate to look at the overall societal c...
Perspective
Justices appear to seek limiting principle in FCA case
By Matthew W. Turetzky
On Tuesday, the U.S. Supreme Court heard oral argument in a case that has the potential to change the pervasiveness and cost o...
Civil Litigation, Law Practice, Ethics/Professional Responsibility, Alternative Dispute Resolution
Mediation confidentiality still uncertain
By A. Marco Turk
Cassel v. Superior Court (2011) supposedly settled the issue of mediation confidentiality in California. Of course, it ...
Perspective
Federal Circuit limits estoppel's reach, but extent not yet known
By Matthew I. Kreeger
In a pair of decisions issued in March and April, the Federal Circuit limited what was thought to be the extremely broad reach...
Intellectual Property, Entertainment & Sports
Suit may leave jurors dazed and confused
By Deborah Drooz
This year's most talked-about music infringement case, Skidmore v. Led Zeppelin, hinges on the same copyrightability issue and...
Law Practice, Ethics/Professional Responsibility
Bar switches up theories in fee dispute case
By Samuel C. Bellicini
The State Bar inexplicably retreated from its winning argument, and made a new argument at the 9th Circuit in a recent case in...
An open letter to the California Supreme Court on deunification and compliance with federal law. ...