Constitutional Law
Despots by popular demand and the American presidency
By Paul Stanton Kibel
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
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...
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
Perfect timing for federal trade secrets protection
By Stuart Meyer
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
By Steven H. Kruis
Despite the sensation headlines, the recent "Deflategate" case is simply a straight-forward arbitration and contract analysis ...
In a recent decision, the California Court of Appeal correctly ruled that it was up to the California Legislature, not the jud...
It's time for the NLRB to retire its Lutheran Heritage decision, which invalidates many a facially neutral rule solely ...
The National Highway Traffic Safety Administration has determined that texting and driving is six times more dangerous than dr...
Labor/Employment
Closer look at discrimination ruling raises some concerns
By Steven J. Kaplan
At first glance, a recent decision seems to fill a curious gap in California employment discrimination law by clarifying that ...
When I expressed to my mother an interest in plaintiff-side employment law, she expressed concern that there might not be suff...
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...
What happens when the court orders a spouse to continue to pay the expenses of the other party without setting a specific amou...
In two recent decisions, judges of the U.S. District Court for the Northern District of California have brought clarity to the...
Perspective
A strong spirit may transcend rules, just not probate rules
By Blake A. Rummel
Our dearly departed Prince, a person who had the resources to receive advice and guidance from the finest estate planners, app...
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....
When I used that term in my last column, I caught hell for it.
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
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...
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
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 ...
In one of the most important cases of our generation, the California Court of Appeals ruled that there is no minimum guarantee...
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
An attorney's duty to supervise
Within the grand architecture of legal ethics, the attorney's duty to supervise subordinates might be compared to a prosaic co...
Perspective
Lien satisfaction isn't a condition precedent to settlement payments
By Steven H. Kruis
If settlement proceeds are not used to reimburse Medicare, counsel who have held the settlement funds, as well as the insuranc...
What many lawyers do not realize is that pursuit of claims under statutes that do not allow for fees may provide fees by "osmo...
Perspective
Federal trade secrets protection: DTSA will close gap in law well known to Silicon Valley
By Karineh Khachatourian
The Defend Trade Secrets Act seems to address a gap in the current California trade secret laws and precedent that Silicon Val...
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 ...