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Civil Litigation, Environmental & Energy

Coal's high court victory a Pyrrhic one?

Jul. 14, 2015
By Kevin Poloncarz

Last month, the U.S. Supreme Court ruled against the EPA in a case about carbon dioxide emissions. But was it really a victory...


Intellectual Property

Some courts conflate copyright terms

Jul. 14, 2015
By Stephen M. Doniger, Scott Alan Burroughs

The import of a copyright registration has been elevated to a level exceeding its intended function, and cases demonstrate how...


Criminal

Criminal Law 2.0

Jul. 14, 2015
By Alex Kozinski

2014 saw a record number of exonerations. While there are many factors leading to false convictions, a few simple reforms to t...


Alternative Dispute Resolution

Unofficial mediator identity revealed

Jul. 11, 2015
By Robert S. Mann

You have selected a highly qualified mediator and set the date. Now, you can write your mediation brief, settle back and wait ...


Real Estate/Development, Government, Administrative/Regulatory

New SF rent ordinance needs work

Jul. 11, 2015
By Daniel J. O'Connell

San Francisco's new "buyout" law is flawed even from a tenant-perspective, and may be held unconstitutional. ...


Family, California Courts of Appeal

This case is the next chapter in the saga to determine what must be demonstrated (and by which party) to justify a so-called '...


Civil Litigation, Appellate Practice

Treading on out-of-state conduct

Jul. 10, 2015
By Donald M. Falk

Recent cases consider some of the vexing question that arise when California tries to project its regulatory power beyond stat...


Disparate impact victory, but not complete

Jul. 9, 2015
By Ralph W. Kasarda

A recent Supreme Court ruling can be viewed as a victory - but not a complete victory - for those who champion disparate impac...


Appellate Practice

On the one hand, why anticipate an argument that your opponent might never make? Why run the risk that the court will be impre...


Judges and Judiciary

Going through a spell

Jul. 7, 2015
By Arthur Gilbert

Judges often decide cases involving arcane subjects in which our knowledge or skill is severely limited. For me, it is the eso...


Civil Litigation

Liable for backseat driving

Jul. 3, 2015
By Craig A. Roeb, Kacey R. Riccomini

According to a recent decision, a passenger who engages in reckless "backseat" driving may now be liable as an aider and abett...


U.S. Supreme Court, Criminal

Scalia finally got his way

Jul. 1, 2015
By Evan Tsen Lee

Not on same-sex marriage, of course, but in a federal sentencing case that could send shock waves through California penitenti...


Civil Litigation, Law Practice, Judges and Judiciary, Criminal

Objections to the form of questions

MCLE
Jun. 29, 2015
By Elia V. Pirozzi

Learn about objections to questions considered vague, ambiguous or unintelligible, compound, argumentative, and asked and answ...


Civil Litigation, California Courts of Appeal

What happens when a party is added after an offer?

Jun. 30, 2015
By Craig A. Roeb, Michelle L. Ellis

For the first time, a Court of Appeal ruling identifies that when a defendant is named later in the case, it is not naturally ...


Administrative/Regulatory

Patent laws... you know, like sausages

Jun. 30, 2015
By Ben M. Davidson

Both the Senate and the House are working on legislation to rein in patent trolls. Don't be afraid to look at what they're put...


Labor/Employment

Are nail salons lousy with the law?

Jun. 27, 2015
By Erin R. Mindoro

News reports on the "shocking" working conditions in many nail salons may well lead to the next wave of wage and hour class ac...


A class action filed Friday with the DOJ alleges that the court has been failing miserably in fulfilling its duty to provide l...


Family, California Courts of Appeal

A recent opinion is a cautionary tale illustrating how a notice of appeal is jurisdictional and that, if the notice is filed t...


Environmental & Energy

Last week, the provided inclusionary housing advocates a major policy and legal victory by unanimously ruling that an afforda...


Law Practice

Rachel Dolezal and unmistaken identity

Jun. 25, 2015
By Julie L. Kessler

As I listened to the interviews regarding Dolezal and the pundits of every color pontificating about a woman they don't know, ...


U.S. Supreme Court

Right ruling, wrong reasons

Jun. 24, 2015
By Robert L. Bastian Jr.

The high court upheld the state of Texas' right to refuse issuing a specialty license plate featuring an image of the Confeder...


Constitutional Law

Taking a raisin is still taking

Jun. 24, 2015
By Ara R. Jabagchourian

On Monday, the U.S. high court said an agricultural program that requires farmers to set aside portions of their crop for the ...


Criminal

Revenge porn purveyors soon face new consequences

Jun. 23, 2015
By Jay Lichter, Richard H. Lee

California's new revenge porn law goes into effect July 1. The law will address some of the shortcomings of its predecessors.


Civil Litigation

Sony hack ruling a double-edged sword

Jun. 23, 2015
By Hsiao C. Mao, Sheila Pham

Last week, a district court denied Sony Pictures' motion to dismiss as to Article III standing in a case involving a major dat...


Labor/Employment

Uber fallout may have several shapes and sizes

Jun. 23, 2015
By Robert W. Wood

If a ruling last week finding an Uber driver to be an employee rather than an independent contractor is a sign of things to co...


Congress, judges diverge on remand review

Jun. 23, 2015
By Peder K. Batalden, John F. Querio

Congress has barred review of remand orders, but many federal judges seem to feel differently.


Alternative Dispute Resolution

Don't forget critical eleventh-hour issues

Jun. 20, 2015
By Jan Frankel Schau

It happens frequently. It is late, and the clouds seem to part in a hotly contested employment mediation. Settlement appears l...


Corporate, Constitutional Law, Administrative/Regulatory

Fairness of SEC forum is dubious

Jun. 20, 2015
By Thomas A. Zaccaro, Nicolas Morgan

The SEC has increasingly filed actions before its own administrative law judges - where it has a Harlem Globetrotters-like win...


Environmental & Energy, Administrative/Regulatory

User's guide to California water rights

Jun. 19, 2015
By Kathryn L. Oehlschlager

Environmental lawyer Kathryn Oehlschlager provides a user's guide to California's priority system, curtailment, voluntary cutb...


Package delivery's 'seismic' situation

Jun. 19, 2015
By Robert W. Wood

In the wake of a 2014 9th Circuit decision, FedEx has reached a $228 million settlement with drivers who said they were miscla...