U.S. Supreme Court
Case downplays history of Native American relations
By Greg Ablavsky
Failed policies litter the history of relations between the United States and Native American nations. ...
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
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 ...
On Sept. 11, 2015, the California Legislature passed Assembly Bills 243 and 266 and Senate Bill 643, collectively known as the...
Intellectual Property
Patent challenge standard: PTAB versus district court
By Ben M. Davidson
Last week, the U.S. Supreme Court granted certiorari in the latest patent case involving PTAB's patent claim construction stan...
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
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
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
By Marc Boiron
The latest in a monthly column reviewing recent Delaware decisions affecting California businesses.
Family, California Courts of Appeal
2016 begins with two helpful family law decisions
By Claudia Ribet
The first decision reaffirms that mental abuse and controlling behavior are enough to warrant a domestic violence protective o...
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...
The Supreme Court has released a proposal to amend the rules regarding the publication of Court of Appeal decisions after the ...
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
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
Ted Cruz, natural born citizen
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
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
By Lawrence Waddington
Twenty years ago, Congress enacted the Anti-Terrorism and Death Penalty Act, limiting federal appellate courts, under strict c...
Two Court of Appeal opinions published at the tail end of 2015 highlight an important distinction when it comes to deadlines.
There are a significant number of cases this year in which some are urging the court to overturn decades-old precedent.
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
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...
The Volkswagen emission control device case seems to have all the essential ingredients of a criminal prosecution, but on Jan....
Thanks to a new law that went into effect on Jan. 1, California law now fully protects families having children through assist...
Whatever the reason to terminate, the attorney should ensure compliance with all ethical and professional responsibilities. By...
The 11th Circuit recently considered a case where the assignee filed a voluntary bankruptcy petition on behalf of the assignor...
John Sturgeon's 2007 lone hunting trip in the Alaskan wilderness has escalated into a battle over state sovereignty and the re...
Lawyers have an ambiguous relationship with the usefulness of legal norms and decision-making processes outside the courtroom....
Attorneys should familiar with the new rules and the mediation process as applied to ESI disputes, and utilize the mediation p...
As millions of people are looking for tax deductions, can you deduct the cost of getting healthy? By Robert W. Wood ...
Government Contracts
Construction licensing law draconian, possibly unconstitutional
By Bernard S. Kamine
In California, a person who utilizes construction services can sue for return of money paid if the contractor was not licensed...