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U.S. Supreme Court

The best things in life are worth waiting for, unless you are a plan fiduciary seeking reimbursement from a plan participant u...


Government

From California's first constitutional convention in 1849, the idea that power ultimately lies in the people has been a cheris...


Land Use

Regulatory takings and climate change

Jan. 22, 2016
By Andrew W. Schwartz

Significantly reducing the threat of climate change will require collective action, and more aggressive regulation of land use...


U.S. Supreme Court

The alarming militia standoff in Oregon has focused on attention on public land management just as the U.S. Supreme Court hear...


U.S. Supreme Court

Failed policies litter the history of relations between the United States and Native American nations. ...


Perspective

New center will enable us to narrow the justice gap

Jan. 22, 2016
By Ronald M. George

The groundbreaking ceremony that took place on Tuesday honors not only the outstanding lawyer whose name it bears, but is also...


Insurance, Ethics/Professional Responsibility

Law firms should consider new insurance options

Jan. 22, 2016
By J. Randolph Evans, Shari L. Klevens

Law firms have an increasing number of options when it comes to purchasing legal malpractice insurance, as new insurers enter ...


Admiralty/Maritime

Erroneous cultivation bans must stop

Jan. 21, 2016
By Bruce M. Margolin

On Sept. 11, 2015, the California Legislature passed Assembly Bills 243 and 266 and Senate Bill 643, collectively known as the...


Intellectual Property

Last week, the U.S. Supreme Court granted certiorari in the latest patent case involving PTAB's patent claim construction stan...


Perspective

Companies should welcome passage of DTSA

Jan. 21, 2016
By Chris Cox

In July 2015, bipartisan sponsors in both houses of Congress introduced the Defend Trade Secret Acts, intending to create a ci...


U.S. Supreme Court

High court declines to hear latest ACA challenge

Jan. 21, 2016
By Anthony T. Caso

On Tuesday, the Supreme Court denied another challenge to the ACA, one which would have given the court the opportunity to rea...


Letters, 9th U.S. Circuit Court of Appeals

An unhelpful opinion on race's role in court

Jan. 20, 2016
By Michael C. Mcmahon

Retiring judge Lawrence Waddington's recent observations on the role of race and gender in our courtrooms are both unhelpful a...


Mergers & Acquisitions, Corporate

Delaware court gives guidance on valuation

Jan. 20, 2016
By Marc Boiron

The latest in a monthly column reviewing recent Delaware decisions affecting California businesses.


Family, California Courts of Appeal

The first decision reaffirms that mental abuse and controlling behavior are enough to warrant a domestic violence protective o...


Civil Rights

2015 was a watershed year for LGBT rights

Jan. 20, 2016
By Christopher F. Stoll

As eventful as 2015 was, there is much more work to be done, and many chapters of the story remain to be written in 2016 and b...


Appellate Practice

Binding precedent, pending review

Jan. 20, 2016
By Jessica M. Di Palma

The Supreme Court has released a proposal to amend the rules regarding the publication of Court of Appeal decisions after the ...


Perspective

On Jan. 5, the state Supreme Court heard arguments in a case that presents an opportunity to clarify the law regarding litigat...


Law Practice, Ethics/Professional Responsibility

Lawyers as defendants in 2015, Part 1

Jan. 16, 2016
By Kenneth C. Feldman, Alex A. Graft

We continue with our analysis of Bergstein from last Friday, now focusing on the decision's statute of limitations anal...


Constitutional Law

Article II, Section 1 of the Constitution says that only a natural born citizen is eligible to be president. Is Sen. Ted Cruz,...


Administrative/Regulatory

Going native with the FTC

Jan. 15, 2016
By Mary Ellen Callahan, Emily Bruemmer

Last month, the FTC released new guidance for businesses on native advertising, loosely defined as online ads that blend into ...


Criminal, 9th U.S. Circuit Court of Appeals

9th Circuit too quick to find jury selection errors

Jan. 14, 2016
By Lawrence Waddington

Twenty years ago, Congress enacted the Anti-Terrorism and Death Penalty Act, limiting federal appellate courts, under strict c...


Civil Litigation, Appellate Practice

Timing is everything in court

Jan. 14, 2016
By Alana H. Rotter

Two Court of Appeal opinions published at the tail end of 2015 highlight an important distinction when it comes to deadlines.


U.S. Supreme Court

The US Supreme Court in 2016

Jan. 13, 2016
By Erwin Chemerinsky

There are a significant number of cases this year in which some are urging the court to overturn decades-old precedent.


U.S. Supreme Court

One last swing at the Google Books project

Jan. 13, 2016
By Bennett A. Bigman

On New Years Eve, the Authors Guild asked the Supreme Courts to review its claims that the Google Books project violates U.S. ...


Securities, Government, Administrative/Regulatory

2015 a record year for the SEC

Jan. 12, 2016
By Nicolas Morgan, Sam S. Puathasnanon

Last year, the SEC filed a record 807 enforcement actions and obtained orders totaling $4.2 billion in disgorgement and penalt...


Environmental

The Volkswagen emission control device case seems to have all the essential ingredients of a criminal prosecution, but on Jan....


Perspective

AB 960: Protecting California families

Jan. 9, 2016
By Cathy Sakimura

Thanks to a new law that went into effect on Jan. 1, California law now fully protects families having children through assist...


Ethics/Professional Responsibility

Parting ways with a client

Jan. 9, 2016
By Heather L. Rosing

Whatever the reason to terminate, the attorney should ensure compliance with all ethical and professional responsibilities. By...


Perspective

Court says assignee may not file for bankruptcy

Jan. 9, 2016
By David S. Kupetz

The 11th Circuit recently considered a case where the assignee filed a voluntary bankruptcy petition on behalf of the assignor...


Perspective

Alaska's land and water go to court

Jan. 9, 2016
By Ethan Blevins

John Sturgeon's 2007 lone hunting trip in the Alaskan wilderness has escalated into a battle over state sovereignty and the re...