Civil Litigation, Judges and Judiciary
Learn the basics of property exempt from money judgments
By Julius O. Abanise
The object of this article and self-study test is to provide an overview of claims of exemption for judgment debtors.
Civil Litigation, Constitutional Law, 9th U.S. Circuit Court of Appeals
Data breaches and standing: a 38-million-victim question
By Erik S. Syverson, Scott M. Lesowitz
The number of high profile breaches of personal data seems to be proliferating. Do victims have standing to sue the entity tha...
Environmental & Energy
2014 saw a wave of environmental law changes
By Kathryn L. Oehlschlager, David M. Metres
The past year saw several developments in environmental law at both state and federal levels, particularly regarding water sup...
Civil Litigation, Environmental & Energy, California Courts of Appeal, Administrative/Regulatory
Growth pains, little reform for CEQA in 2014
By Nicki Carlsen, Andrew J. Brady
Major California Environmental Quality Act reform continued to be elusive in 2014.
Ethics/Professional Responsibility, State Bar & Bar Associations
Considerations for the State Bar board
By Teresa J. Schmid
On the agenda for the Board of Trustees' regular meeting Friday is a discussion item proposing the appointment of a special co...
U.S. Supreme Court, Intellectual Property
Bizarre petition serves as reminder
By Ben M. Davidson
Judges have complained for years that patent lawyers don't write in plain English, and the U.S. Supreme Court joined the choru...
Year in Review Column, U.S. Supreme Court, Civil Rights
Advances for LGBT employees in 2014
By Koray J. Bulut
This year, there were significant developments in employment laws affecting the lesbian, gay, bisexual and transgender communi...
Labor/Employment, 9th U.S. Circuit Court of Appeals
Circuit changes course on ERISA
By Michelle L. Roberts
The 9th Circuit just issued a ruling joining several other circuits on the availability of the equitable remedy of "surcharge"...
International Law, Entertainment & Sports, Civil Rights
World Cup, courtesy of modern slavery
By Julie L. Kessler
I grew up on a steady diet of "football," and by that I mean soccer. Soccer was part of the family lore and lexicon. But recen...
Transportation, Constitutional Law
FRE SPCH: vanity plates and the First Amendment
By Kenneth P. White
Americans view their cars as literal and figurative vehicles of self-expression, not mere tools of transportation. So we can't...
Criminal, Constitutional Law, California Supreme Court, California Courts of Appeal
State constitutional analysis, a love letter
By Joseph R. Grodin
The Court of Appeal's analysis in a recent case provides a much needed restatement of the jurisprudential independence of righ...
Intellectual Property
Can 'good faith' excuse induced patent infringment?
By Ben M. Davidson
Indirect patent infringement, by inducement, isn't a strict liability offense, so companies with a good-faith belief that thei...
How to Rekindle Pride in the Legal Profession
The Past and Future of Civil Legal Aid in the United States
Five attorneys discuss their game plans for handling student debt.
Judges and Judiciary
Ordered recusal of immigration judge boggles the mind
By Majed Dakak, Bruce J. Einhorn
Our nation's courts are best served when filled by diverse qualified jurists applying their unique perspective and understandi...
Prevent the need for massive auto recalls
By Brian S. Kabateck, Hrag Kouyoumjian
The automotive world is under siege as unrelenting media coverage exposes more details about a massive, worldwide recall invol...
Corporate, Contracts
UCC: a forgotten code in asset purchase transactions
By Keith Paul Bishop
he Uniform Commercial Code has become the "forgotten code" when it comes to agreements to acquire a business in an asset purch...
Law Practice, State Bar & Bar Associations
Drop the MBE. I repeat, drop the MBE
By Ira L. Shafiroff
The July California bar exam results are not good: Only 48 percent of first-time takers passed, the lowest rate in 10 years. B...
Government, Criminal
Watching the idea we are a nation of laws unravel
By Ara R. Jabagchourian
There has been a troubling trend developing for some time regarding perceptions of who the law serves in our society - and it ...
Intellectual Property, Entertainment & Sports
Turtles copyright battle gets Sirius
By John F. Stephens
On Nov. 14, Sirius XM was hit with a difficult-to-tune-out court ruling in favor of the 1960s rock band the Turtles in a dispu...
When you are arguing a case and the judge is staring into space, seemingly shutting you and your argument out of her conscious...
Civil Litigation
California courts continue to chip away at-will doctrine
By Timothy D. Reuben, Michael Hirota
While it's now codified in the California Labor Code, there has long been judicial protection for those wrongly accused of, an...
Ethics/Professional Responsibility, State Bar & Bar Associations
Reinvent the State Bar of California
By Teresa J. Schmid
If history is any guide, these are times that could try the soul of the State Bar.
Letters, Judges and Judiciary
Summing up Brown's picks in one sentence
By Nathaniel J. Friedman
Retired Justice Rick Sims' well-thought out article might well be summed up in a single sentence: "If you loved Rose Bird, you...
Letters, Judges and Judiciary
Lack of experience is actually quite common
By Aashish Y. Desai
Not until President Dwight Eisenhower was in office did an issue arise over appointing only justices with prior judicial exper...
Environmental & Energy
Double whammy for state fuel suppliers
By R. Morgan Gilhuly, Christopher D. Jensen
The California Air Resources Board is poised to readopt the Low-Carbon Fuel Standard regulation in early 2015.
Law Practice, Ethics/Professional Responsibility
Privileges when law firms seek advice
By Stephen L. Raucher
Do a law firm's fiduciary and ethical duties to its current clients trump the attorney-client privilege? Last month, a Califor...
Letters, State Bar & Bar Associations
No one benefits from making the bar look bad
By Timothy D. Reuben
Typically a plaintiff's lawyer in a wrongful termination lawsuit does not publish articles arguing his case to the public. But...
The post-judgment 'golden hour'
By Paul D. Fogel, David J. de Jesus
The immediate aftermath of an adverse judgment can be chaotic and it is easy to lose sight of the procedural requirements for ...