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Civil Litigation, Ethics/Professional Responsibility

Ethics and e-discovery

Oct. 3, 2015
By A. Marco Turk

The State Bar's Standing Committee on Professional Responsibility and Conduct recently issued Opinion No. 2015-193, defining a...


They have fought American wars, pledged allegiance to the American flag, and played American football, yet they are still not ...


Judges and Judiciary

Breyer bound by court opinions

Oct. 1, 2015
By Erwin Chemerinsky

Justice Stephen Breyer's new book, "The Court and the World" is simultaneously enlightening and frustrating. ...


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

Ruling broadens Dodd-Frank protections, creates split

Sep. 30, 2015
By Daniel A. Saunders

This month the 2nd Circuit held that Dodd-Frank provides a private cause of action to employees who suffer retaliation after r...


Administrative/Regulatory

CFAA reform is badly needed

Sep. 30, 2015
By Cindy A. Cohn, Jamie Lee Williams

Technology lawyers understand that our world is now interconnected, with Americans using other people's computers as much as t...


Labor/Employment, Insurance

Policies actually might cover wage and hour lawsuit

Sep. 29, 2015
By Shaun H. Crosner

Wage and hour class actions can be costly to defend and can subject employers to substantial exposure in the form of settlemen...


Environmental & Energy, California Supreme Court

A review of cases concerning the California Environmental Quality Act currently on the Supreme Court docket.


Civil Litigation, Letters, Alternative Dispute Resolution

A Sept. 24 a piece impliedly refuted my arguments opposing the California Law Revision Commission's current study, K-402. ...


Civil Litigation, Judges and Judiciary, Environmental & Energy

Take a closer look at CEQA petitions

MCLE
Sep. 28, 2015
By Susan L. Brandt-Hawley

Both judges and attorneys must be familiar with CEQA's unique litigation deadlines and processes that implement this important...


Immigration

US must accept its fair share of refugees

Sep. 26, 2015
By Julie L. Kessler

Irony is not lost on the few remaining Holocaust survivors that Germany has championed and led the way in taking far more than...


U.S. Supreme Court, Intellectual Property

Whereas Congress eliminated laches as a defense in copyright cases by enacting a three-year period, it codified laches as a de...


Health Care & Hospital Law, Government, Civil Rights, Administrative/Regulatory

Statewide condom law ignores reality of industry

Sep. 25, 2015
By Chauntelle Anne Tibbals

Plans to take L.A.'s law requiring condom use in porn productions statewide in 2016 are ill-conceived. ...


Government, Criminal

Is DOJ violating its own policy?

Sep. 25, 2015
By George B. Newhouse Jr.

Days after introducing 'new' corporate prosecution guidelines encouraging the prosecution of individuals, the DOJ announced an...


Government, Corporate, Administrative/Regulatory

DOJ authority to strike deals with defendants limited

Sep. 24, 2015
By Michael M. Farhang

On Sept. 11, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in a significant case on the U.S. Department o...


Tax, Government

Money for nothing

Sep. 23, 2015
By Gideon Kanner

Who wins when the Fed refuses to raise interest rates, yet again?


Criminal, Civil Rights

Transgender jail policy a major advance

Sep. 22, 2015
By Sanford Jay Rosen, Aaron J. Fischer

SF recently announced a plan to allow transgender prisoners who identify as female to participate in programs in women's jail.


Constitutional Law, California Supreme Court

Testing the temerity of the takings clause

Sep. 19, 2015
By Basil S. Shiber

Recent cases have tested the scope of the takings clause of the Fifth Amendment to the U.S. Constitution in a variety of conte...


New Tesla's speeds are ludicrous

Sep. 18, 2015
By Paul R. Kiesel

Can you imagine what it's like for the beleaguered general counsel of Tesla when Musk asks about including a "ludicrous" mode?


Appellate Practice

When should clients pursue an appeal?

Sep. 18, 2015
By Myron Moskovitz

Pursuing an appeal in a civil case is risky and expensive — so be sure you know it's worth rolling the dice.


Civil Litigation, California Courts of Appeal

Lawsuit presents anti-SLAPP conundrum

Sep. 16, 2015
By Joel McCabe Smith

A lawsuit in Orange County recently presented an interesting anti-SLAPP statute conundrum: Who should decide in the first inst...


Government, Criminal, Corporate, Administrative/Regulatory

DOJ shifts focus to individual misconduct

Sep. 16, 2015
By Sara J. O'Connell

Last week, the U.S. Department of Justice announced an initiative to pursue individuals who perpetrate corporate wrongdoing. ...


U.S. Supreme Court

Justice Scalia adheres to "originalism," a method of interpretation that looks to the commonly understood meaning of the Const...


U.S. Supreme Court, Constitutional Law

Speech isn't so free in DC

Sep. 16, 2015
By Erwin Chemerinsky

The D.C. Circuit was wrong in a recent decision upholding a ban on speech activities in the plaza in front of the Supreme Court.


Civil Litigation, Labor/Employment

Does Chipotle GMO suit go too far?

Sep. 15, 2015
By Gene F. Williams

As Americans become more health conscious, they have demanded more transparency regarding ingredients. But Gene Williams says ...


Alternative Dispute Resolution

Mediation is a tale of two unlikely stories

Sep. 12, 2015
By Robert S. Mann

The mediation process often requires each party's original "story" to be extensively rewritten. ...


Administrative/Regulatory

No tax guidance for you, Yahoo

Sep. 12, 2015
By Robert W. Wood

Earlier this month, the IRS decided not to provide Yahoo with an opinion letter on the proper tax treatment of Yahoo's spinoff...


U.S. Supreme Court, Criminal, Constitutional Law

Call to decriminalize sex work is correct

Sep. 11, 2015
By Jerald Mosley

Prostitutes have human rights. In recognition of those rights, Amnesty International has called on all nations to decriminaliz...


Constitutional Law

California's secret law

Sep. 11, 2015
By Jonathan Mayer

California's own state court have secretly narrowed privacy guarrantees under the California Constitution. ...


Family, California Courts of Appeal

Divorces of the rich and famous

Sep. 10, 2015
By Claudia Ribet

A Court of Appeal recently wrote an important opinion in family law regarding a community's interest in a separater property b...


Judges and Judiciary

As time goes by

Sep. 9, 2015
By Arthur Gilbert

Yesterday, Labor Day, was my 40th anniversary. Labor Day 1975. Four decades ago. That is when it happened. Could have been fou...