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Constitutional Law

Passively tolerating preventable mayhem

Jun. 21, 2016
By William Slomanson

Powerful forces will no doubt support the Peruta plaintiffs in their reasonable, but misdirected, quest to fix our sights on t...


Perspective

Getting divorced? Don't rush to delete your email

Jun. 21, 2016
By Mitchell A. Jacobs

Parties to a dissolution of marriage action — or even someone thinking about divorce — may be tempted to erase, delete or othe...


Perspective

Until recently, the federal rule governing classification of employees as exempt was generally irrelevant to California employ...


Corporate

Why is your software like an invention?

Jun. 21, 2016
By Manita Rawat

While the landmark patent case Alice Corp. v. CLS Bank has certainly caused software-related patents to be heavily scru...


Appellate Practice

Cite check

Jun. 21, 2016
By David M. Balabanian

The principal purpose of citing authorities is obviously to identify the applicable legal rules you contend the court must fol...


U.S. Supreme Court

It is a virtual certainty that the high court will soon be asked to decide whether an employer may require its workers to be b...


Appellate Practice

Appellate advocates, in fact, are not ostriches

Jun. 21, 2016
By Myron Moskovitz

As has been said by the 7th U.S. Circuit Court of Appeals, home to Chicago's Lincoln Park Zoo: "The ostrich is a noble animal,...


Perspective

Complex IP cases are unique in ADR

Jun. 18, 2016
By Irma E. Gonzalez

When a business model centers around copyrights, patents, trademarks or trade secrets, these high-stakes cases are the proverb...


Corporate

EU directive will harmonize trade secrets law

Jun. 18, 2016
By Susan Mclean

On May 26, 2016, the European Union adopted a trade secrets directive that promises to bring a harmonized trade secrets protec...


Perspective

There's a better way to elect judges

Jun. 18, 2016
By Jacqueline Goodman

Political corruption — the use of power for illegitimate private gain by government officials — is the expected result of a sy...


Judges and Judiciary

Earn MCLE credit reviewing the power of judges and attorneys to compel parties and witnesses to attend court. By Douglas W. St...


Law Practice, Ethics/Professional Responsibility

Lawyers lead change yet lag behind

Jun. 18, 2016
By Wendy Chang

While lawyers drive transformation in society, the profession has not been on the front lines when it comes to equality within...


Intellectual Property

This week, the U.S. Supreme Court unanimously overturned the Seagate test for enhanced damages in patent infringement...


Perspective

Too early to tell if Prop 47 is a failure

Jun. 17, 2016
By Michael C. Mcmahon

It's far too early to tell because the new treatment and community services created by Prop. 47 have yet to even commence. By ...


U.S. Supreme Court, Constitutional Law

Which one of these things is not like the others?

Jun. 17, 2016
By Brian M. Hoffstadt

In both state and federal courts, lawyers call upon the United States and California Supreme Courts to decide whether a prior ...


Criminal, Constitutional Law

A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...


U.S. Supreme Court, Constitutional Law

Don't let technology leave privacy behind

Jun. 17, 2016
By Linda C. Lye, Nicole Ozer

A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...


Criminal, Constitutional Law

Don't back government-sanctioned hacking

Jun. 17, 2016
By Zach Lerner

Congress should support the Stopping Mass Hacking Act and encourage legislative and public scrutiny of remote access searches ...


Large Firms

Jun. 16, 2016

There have been countless articles written about the perils of accepting a counteroffer. Most articles address senior level ex...


Intellectual Property

In trying to read the tea leaves on the case recently filed against Apple Inc. and Broadcom by the Caltech, a telling document...


U.S. Supreme Court

Puerto Rico's last stand

Jun. 16, 2016

Puerto Rico's last opportunity to navigate a self-determined path out of financial distress was all but extinguished by the U....


Criminal, Constitutional Law

Don't back government-sanctioned hacking

Jun. 16, 2016
By Zach Lerner

Congress should support the Stopping Mass Hacking Act and encourage legislative and public scrutiny of remote access searches ...


Technology & Science

Science advances life care plans

Jun. 16, 2016
By Mark P. Robinson Jr.

It's time to start implementing high-tech products such as robotics, which can provide unmeasured benefits to those who have s...


In Sanford v. Rasnick, the California Court of Appeal invalidated a Section 998 offer because it required a "written ...


Technology & Science

Free speech rights tested by cyberbullying

Jun. 16, 2016
By Nathan J. Kowalski

Can a public employer prohibit cyberbullying without violating the First Amendment? By Nate Kowalski and Sharon Ormond ...


Perspective

Wetland decision is a landmark ruling

Jun. 16, 2016
By Skip Spaulding

Last month, the U.S. Supreme Court issued a decision that will benefit landowners by authorizing immediate judicial review of ...


California Supreme Court

Attorney fees awarded in insurance bad faith cases may be included in the calculation of punitive damages -- even if the fees ...


Perspective

NYT's fix for misconduct is a bit naïve

Jun. 16, 2016
By Stephen Cooper

In a convoluted crackpot of a column, the New York Times proves that the ideas of journalists, however well-meaning, are not l...


U.S. Supreme Court, Judges and Judiciary, Constitutional Law

No excuse for failure to recuse

Jun. 16, 2016
By Charles S. Doskow

The rule that none can serve as both accuser and adjudicator in the same case is more than a proverb -- it is a principle of e...


Perspective

Airbag recall puts consumers in a bind

Jun. 15, 2016
By Jonathan A. Michaels

The recall of nearly 70 million Takata airbags — so many that regulators have been forced to conduct a "rolling recall" — has...