Powerful forces will no doubt support the Peruta plaintiffs in their reasonable, but misdirected, quest to fix our sights on t...
Parties to a dissolution of marriage action — or even someone thinking about divorce — may be tempted to erase, delete or othe...
Perspective
California can no longer ignore federal classification rules
By Hilary Weddell
Until recently, the federal rule governing classification of employees as exempt was generally irrelevant to California employ...
While the landmark patent case Alice Corp. v. CLS Bank has certainly caused software-related patents to be heavily scru...
The principal purpose of citing authorities is obviously to identify the applicable legal rules you contend the court must fol...
U.S. Supreme Court
Supreme Court likely to resolve split on arbitration agreements
By Connie K. Chan
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...
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,...
When a business model centers around copyrights, patents, trademarks or trade secrets, these high-stakes cases are the proverb...
On May 26, 2016, the European Union adopted a trade secrets directive that promises to bring a harmonized trade secrets protec...
Political corruption — the use of power for illegitimate private gain by government officials — is the expected result of a sy...
Judges and Judiciary
Your presence is requested: the obligation to attend court
By Douglas W. Stern
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
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
Enhanced patent infringement damages in a post-Seagate world
By Brett J. Williamson
This week, the U.S. Supreme Court unanimously overturned the Seagate test for enhanced damages in patent infringement...
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?
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
Cellphone location data ruling doesn't foretell the future of privacy
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...
U.S. Supreme Court, Constitutional Law
Don't let technology leave privacy behind
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...
Congress should support the Stopping Mass Hacking Act and encourage legislative and public scrutiny of remote access searches ...
Intellectual Property
Not the first rodeo for patents asserted against Apple
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
Puerto Rico's last opportunity to navigate a self-determined path out of financial distress was all but extinguished by the U....
Congress should support the Stopping Mass Hacking Act and encourage legislative and public scrutiny of remote access searches ...
It's time to start implementing high-tech products such as robotics, which can provide unmeasured benefits to those who have s...
Litigation
Leave settlement agreements out of your 998 offers
In Sanford v. Rasnick, the California Court of Appeal invalidated a Section 998 offer because it required a "written ...
Can a public employer prohibit cyberbullying without violating the First Amendment? By Nate Kowalski and Sharon Ormond ...
Last month, the U.S. Supreme Court issued a decision that will benefit landowners by authorizing immediate judicial review of ...
California Supreme Court
Punitve damages in bad faith cases can take into account attorney fees
By Stephen L. Raucher
Attorney fees awarded in insurance bad faith cases may be included in the calculation of punitive damages -- even if the fees ...
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
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...
The recall of nearly 70 million Takata airbags — so many that regulators have been forced to conduct a "rolling recall" — has...