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Letters, Appellate Practice

Tentative opinions in the next decade or two

Sep. 23, 2014
By Paul S. Berger

"Far-fetched" is not the same as "unlikely to be implemented."


Letters, Appellate Practice

Tentative rulings aren't so "far-fetched"

Sep. 23, 2014
By Ciarán O’Sullivan

Especially given that one division is already doing it. By Ciarán O'Sullivan ...


Judges and Judiciary, California Supreme Court

Informed voters ensure fair courts

Sep. 23, 2014
By M.C. Sungaila

An independent and fair judiciary is the cornerstone of our democracy. It is imperative that we make informed choices in selec...


I recently noticed that my Saturday morning visits to the local farmers' market were filed with more tax law than I realized. ...


Entertainment & Sports, Contracts

Morals clauses: from Ruth to Rice

Sep. 17, 2014
By Julie L. Kessler

All is not well with the NFL. Last week, following TMZ's release of new video footage, the league indefinitely suspended Ray R...


Government

Congress needs to approve ISIS attack

Sep. 17, 2014
By Erwin Chemerinsky

President Barack Obama is legally and politically wrong in not seeking congressional approval for the continued bombing of ISIS.


The naked truth: little recourse for cloud-based security breaches

Sep. 16, 2014
By Brian S. Kabateck, Shant A. Karnikian

While you may not take nude "selfies," you likely (and sometimes unknowingly) store copious amounts of personal information on...


Family

May a couple be 'living separate and apart' when they reside in the same residence? The state high court will soon tell us.


Ethics/Professional Responsibility

When the guardians of the privilege sue

Sep. 13, 2014
By Diane L. Karpman

There are myriad perplexing problems that will always exist when a lawyer sues his or her employer. ...


Civil Litigation, Appellate Practice

Maximize the impact of amicus support

Sep. 12, 2014
By Alana H. Rotter

While the specifics of how to prepare an effective amicus brief vary by case, there are several rules of thumb that apply acro...


U.S. Supreme Court, Criminal, Constitutional Law

Justices consider statutory text limits

Sep. 11, 2014
By Michael J. Raphael

Can a person be guilty of federal bank fraud even where his scheme contemplates no deception of a bank? ...


Securities, Government, Criminal

SEC versus Congress in insider trading investigation

Sep. 11, 2014
By George B. Newhouse Jr.

The Securities and Exchange Commission may seem unstoppable to some. But who wins when the SEC sues Congress in a battle over ...


Civil Litigation, Intellectual Property, Entertainment & Sports

Disney, Deadmau5 battle over mouse ears

Sep. 11, 2014
By Dan D. Nabel

If you had to pick the most famous trademark in the entire world, what would it be? For millions - if not billions - of human ...


Constitutional Law

America's evolving 'public forums'

Sep. 9, 2014
By Barry A. Fisher

Last month, the 9th U.S. Circuit Court of Appeals upheld the constitutionality of an ordinance barring religious and charitabl...


U.S. Supreme Court, Constitutional Law, Civil Rights

Wisdom aside, is the Boy Scout ban constitutional?

Sep. 9, 2014
By Mitchell Keiter

Many have addressed the wisdom of proposed changes to Canon 2C of the Code of Judicial Ethics, but few have addressed its cons...


Letters, Entertainment & Sports

Edwin McPherson's article titled "TAA Violation for Record Producer Deal" (Aug. 18) discussed a recent decision by the labor c...


Criminal

In the Supreme Court, plain text means context

Sep. 8, 2014
By Michael J. Raphael

In the ordinary criminal case, if an accused's conduct is prohibited by the plain text of a statutory provision, the person is...


Insurance

Earthquake insurance: the dim reality

Sep. 6, 2014
By Brian S. Kabateck

In the wake of the 6.0 earthquake that rocked Napa last month, property owners are now facing the financial fallout from the l...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

The 10-day waiting period is reasonable

Sep. 4, 2014
By John J. Donohue III

Rarely will the conservative majority on the Supreme Court issue a decision so objectionable that it draws harsh rebukes from ...


Law Practice

What we can learn before our 10th decade

Sep. 3, 2014
By Arthur Gilbert

Despite the bravado and confidence that judges and lawyers on occasion display, those who are truly enlightened know that the ...


Law Office Management

The Urge to Exclaim

Sep. 2, 2014
By William Domnarski

In legal writing, don't give in to the urge to exclaim. ...


Alternative Dispute Resolution

Do marathon mediations make sense?

Aug. 30, 2014
By Jill Switzer

Anyone who has ever mediated a case, as an advocate or as the neutral, looks back at a marathon mediation session with either ...


Ethics/Professional Responsibility

Delay in rules update raises questions

Aug. 30, 2014
By Ellen A. Pansky

The State Bar is now sending proposed rules of professional conduct up to the state Supreme Court one by one for formal adopti...


Intellectual Property

It's not always obvious what's 'obvious'

Aug. 28, 2014
By Craig E. Countryman

Patent protection is important to innovators in biotechnology and pharmaceuticals because it protects their substantial invest...


Intellectual Property, Administrative/Regulatory

Sandoz may bring clarity to biosimilars rules

Aug. 28, 2014
By Jeffry S. Mann, Stephen Paul Mahinka

Manufacturers of reference products and biosimilars await further guidance from the Federal Circuit as to the metes and bounds...


Intellectual Property, Administrative/Regulatory

Biosimilars and the new road to FDA approval

Aug. 28, 2014
By Janet M. McNicholas, Tamera M. Weisser

Many fundamental issues concerning the BPCIA remain unresolved, making this regulatory pathway unattractive to some potential ...


Alternative Dispute Resolution

In mediation, many different factors create "power" and "torque." But it's not always the case that those lead to "work," whic...


Tax

A new decision is instructive in how to draft tax-sharing agreements that specify each subsidiary's tax liability in a consoli...


Constitutional Law

Marriage battle lines more clearly drawn

Aug. 26, 2014
By Kris Whitten

The U.S. Supreme Court stayed of the 4th U.S. Circuit Court of Appeals' recent 2-1 decision holding that Virginia's limiting m...


U.S. Supreme Court, Criminal, 9th U.S. Circuit Court of Appeals

Death penalty case heads to oft-overturned 9th Circuit

Aug. 26, 2014
By Lawrence Waddington

On July 16, Judge Cormac Carney, ignoring the opinions of the U.S. and state Supreme Courts to the contrary, declared the Cali...