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Civil Litigation, Appellate Practice

A state's regulatory wingspan

Nov. 14, 2014
By Donald M. Falk

Few if any states regulate the conduct of their citizens and businesses more comprehensively than California. But can Californ...


Insurance

Insurance risks of easy medicine and doctorless doctoring

Nov. 13, 2014
By Tad A. Devlin, Sheila Pham

Entrepreneurs and health care providers have expanded telemedicine and created platforms for on-demand health care services av...


Law Practice

Grow yourself by growing your curiosity

Nov. 13, 2014
By Timothy A. Tosta

I'm curious about things. That curiosity fuels me and provides perpetual forward motion.


Contracts

Harsh contractual indemnity and hold harmless clauses, historically confined to sophisticated commercial contracts negotiated ...


Government

Collect first, sort second, says NSA

Nov. 13, 2014
By Cindy A. Cohn

Allowing the government to collect first and sort out second would mean that the government could record every phone call and ...


Securities, Antitrust & Trade Reg., Administrative/Regulatory

SEC increases enforcement activity in 2014

Nov. 12, 2014
By Thomas A. Zaccaro, Eleanor K. Mercado

The SEC recently announced that it filed a record 755 enforcement actions in fiscal year 2014. ...


Environmental & Energy

Counties jumped the gun on fracking bans

Nov. 11, 2014
By Jeffrey Dintzer, Nathaniel Johnson

Even though neither county is home to existing fracking operations, the prohibitions arrive at a particularly inopportune time...


Government, Administrative/Regulatory

What to expect from Republican-controlled Senate

Nov. 11, 2014
By Makan Delrahim

Now that Republicans have 54 seats in the Senate (failing in Virginia), what should Americans - many of whom with little inter...


Administrative/Regulatory

Once more into the breach (report)

Nov. 8, 2014
By Mary Ellen Callahan, Michael T. Borgia

Last week, California Attorney General published her second annual Data Breach Report quantifying many issues about the securi...


International Law

Last month I was in East Africa doing research. It was, in ways both expected and not, the journey of a lifetime. ...


Law Practice, State Bar & Bar Associations

The state can regulate professions in many ways, but when state regulation and professional insights clash, we see the tension...


Civil Litigation, Intellectual Property, Entertainment & Sports

Using copyright as a privacy tool

Nov. 6, 2014
By Eric S. Boorstin

Once a celebrity's private photos exist there is no guarantee they will stay private. What's their lawyer to do?


Administrative/Regulatory

Navigating state and federal pot laws

Nov. 5, 2014
By Hilary Bricken

Despite the fact that 23 states and the District of Columbia have laws that legalize or decriminalize the use of marijuana, ma...


Letters, Judges and Judiciary

Diversity article fails to mention disabled

Nov. 4, 2014
By Peter A. Lynch

The Oct. 27 article titled "Diversity progress slow" was excellent. Unfortunately, the article does not present an inclusive l...


'Made in the USA' may land a lawsuit

Nov. 4, 2014
By Amy P. Lally

Do you know where your jeans have been? The answer to that question - which lies at the heart of a pair of class actions pendi...


Tax

At 48th, is California still golden?

Nov. 4, 2014
By Robert W. Wood

California has the 48th best tax climate of 50 states, says the new State Business Tax Climate Index from the nonpartisan Tax ...


Judges and Judiciary

If I may interrupt, again

Nov. 4, 2014
By Arthur Gilbert

This marks the 100th birthday of the great Welsh poet Dylan Thomas. ...


An interview with retired CIA attorney John Rizzo.


The Fed/State Difference

MCLE
Nov. 3, 2014
By Robert J. Stumpf

A helpful comparison of appellate procedures in state and federal courts. ...


Insurance

A broker usually represents the policyholder, while an agent usually acts on behalf of the insurer. In litigation involving th...


Immigration, Family

There is no easy way of annulling a marriage; and there is no way avoid a sponsorship obligation for U.S. citizenship, even if...


California Neutrals



Constitutional Law

Although born out of a desire to protect minors from online bullying, A recent Georgia Court of Appeals decision raises severa...


U.S. Supreme Court, Intellectual Property

Deputizing the whole wide countryside

Oct. 29, 2014
By Brian M. Hoffstadt

This term, the U.S. Supreme Court will decide Ohio v. Clark, embedded in which is a fundamental and far-reaching question abo...


Intellectual Property, Entertainment & Sports, Administrative/Regulatory

Doubtful FCC would, could sack Washington's NFL team

Oct. 29, 2014
By John F. Stephens, Jason M. Joyal

The Federal Communications Commission is being asked to step into the controversy over the Washington NFL team's use of the na...


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

Reversal column left out an important fact

Oct. 28, 2014
By Aashish Y. Desai

Lawrence Waddington's Oct. 22 column failed to mention an important fact: The 9th Circuit is the largest federal circuit - by ...


Labor/Employment

Sexy pumpkins and other Halloween workplace dangers

Oct. 28, 2014
By Michelle Lee Flores

The office Halloween party is generally not viewed as a potential hot bed for employment-related problems as compared to the o...


Civil Litigation, Intellectual Property

When preparing educational coursepacks (whether paper or digital), how much can universities and their faculty freely copy und...


Law Practice

Before you 'brand': simplify, then amplify

Oct. 28, 2014
By Timothy A. Tosta

Upon graduating from Boalt Hall in 1974, I "hung out my shingle." It's been 40 years since that fateful decision and, for the ...