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Intellectual Property

The publishing industry in May received a harsh lesson in the unpredictability of copyright law's fair use doctrine in an acad...


Insurance

'Finances’ and punitive damages

Jul. 20, 2012
By Rex Heeseman

How much impact should defendants' finances have on punitive damage awards? ...



Labor/Employment, California Supreme Court

Minimizing risks in the post-Brinker environment

Jul. 19, 2012
By Arthur F. Silbergeld , Christine D. DeBretteville

The decision is a win for employers, but does not close the door on potential meal and rest break claims. ...


Civil Litigation, Labor/Employment, California Supreme Court

Duran, due process and PAGA

Jul. 19, 2012
By Fraser A. McAlpine

Duran will likely provide guidance on the proper way to construct a viable trial plan for class action and PAGA claims.



U.S. Supreme Court

Williams v. Illinois: signed, sealed -- testimonial

Jul. 18, 2012
By Erwin Chemerinsky

The plurality seems to place importance on trivial issues--like whether a lab report is signed and notarized. By Erwin Chemeri...


Contracts, Alternative Dispute Resolution

Some victories come with a great price, so be sure to read the fine print. ...



Environmental & Energy

Environmental criminal investigations: differences, dos and don’ts

Jul. 13, 2012
By Davina Pujari , Marc S. Katz

Environmental criminal investigations present unique challenges to businesses. ...


Criminal

Police pursuits: apprehension versus public safety

Jul. 12, 2012
By Robert L. Bastian Jr.

In 2005, the state Legislature acknowledged that, for the past 20 years, California led the nation in the number of innocent b...



U.S. Supreme Court

Miller dissents inconsistent with research

Jul. 11, 2012
By Ellen L. Chaitin

Recent scientific research has proven that children's brains, especially boys', develop at a much later age than originally th...


U.S. Supreme Court, Constitutional Law

Eminent domain and the Obamacare decision

Jul. 10, 2012
By Gideon Kanner

What Congress determines to be a "public use" is "well-nigh conclusive" to the same court that ignored repeated legislative de...



Civil Rights

What deadlines must the federal government meet when performing privilege reviews concerning computer data it has collected in...


Tax, Family

Five key tax rules to know about divorce

Jul. 6, 2012
By Robert W. Wood

Very slight differences in mechanics can yield huge tax differences for one or both spouses.



U.S. Supreme Court, Health Care & Hospital Law

Affordable Care Act survives

Jul. 3, 2012
By Eugenia L. Liu

A rundown of Thursday's monumental decision. ...


Judges and Judiciary

Illusions of independence

Jul. 3, 2012
By Arthur Gilbert

As bad as the Great Depression may have been, at least the courts were still open.



Constitutional Law, Administrative/Regulatory

High court punts free speech issues in FCC v. Fox

Jul. 3, 2012
By John F. Stephens

The court essentially handed the hot potato back to the FCC by staying silent the free speech issues in the case.


Labor/Employment

Can businesses demand your social media passwords?

Jun. 30, 2012
By Michelle Lee Flores

States are cracking down on employers who ask for employee user names and passwords to social networking sites.



U.S. Supreme Court

Laughing it up at the Supreme Court

Jun. 29, 2012
By Gideon Kanner

There are many ways to spotlight the weaknesses in a lawyer's performance without public bullying that interferes with the law...


U.S. Supreme Court, Criminal, Constitutional Law

Williams: a strange end to what Crawford began

Jun. 29, 2012
By Craig E. Countryman

Last week's ruling in William leaves a messy picture for lawyers to sort out.



Intellectual Property

Warner Bros. sidesteps Louis Vuitton suit

Jun. 28, 2012
By Dan D. Nabel

The luxury bag maker recently lost a dispute over whether knock-offs featured in "The Hangover: Part II" damage the brand. ...


Immigration, Government, Criminal

Prosecutorial indiscretion: marijuana and immigration

Jun. 27, 2012
By James Raza Lawrence , Allison B. Margolin

The DOJ is walking back guns and promises not to prosecute medical marijuana cases; is Obama's new immigration policy next? By...



U.S. Supreme Court

Criminal procedure and the reasonable person

Jun. 26, 2012
By Brian M. Hoffstadt

Last Term, the U.S. Supreme Court decided two cases implicating a debate that has divided the justices for nearly 50 years. ...


Criminal

Criminal motion practice

Jun. 26, 2012
By Thomas Rubinson

Brush up on the proper procedures for making and responding to criminal motions. By Thomas Rubinson of the Los Angeles County ...



Law Practice

Dispatches from the reading room: LOL

Jun. 19, 2012
By William Domnarski

Humor in judicial opinions takes many forms, ranging from tired jokes to sly wit to satire so powerful as to make us laugh. By...


U.S. Supreme Court, Constitutional Law

Recent polls suggest that only 44 percent of Americans approve of the job the Supreme Court is doing.



U.S. Supreme Court

Lowering the bar for qualified immunity

Jun. 19, 2012
By Erwin Chemerinsky

In the decade since Hope v. Pelzer, the Supreme Court repeatedly has found qualified immunity based on the absence of a...


Civil Litigation

A lengthy, ongoing dispute in Mississippi has the judge sorting through a predecessor's lapse of judgment. ...



Letters, Judges and Judiciary, Alternative Dispute Resolution

"Court-ordered mediation often fails to deliver" (June 8) generalizes and oversimplifies the issue. ...


Letters, Judges and Judiciary, Alternative Dispute Resolution

Denouncing the fables of forced mediation

Jun. 15, 2012
By Joseph DiMonda

Lawyers don't need to be told that alternative dispute resolution methods are available.



Labor/Employment

Why the CFRA needs to be updated

Jun. 15, 2012
By Natalie A. Nardecchia

The 50-employee requirement is outdated and too inflexible. ...


Civil Litigation

Discovery in the age of terabytes

Jun. 13, 2012
By Matthew D. Umhofer

Recently issued guidance on electronic discovery practices in criminal cases doesn't even mention the discovery database optio...