Letters, Appellate Practice
Tentative opinions in the next decade or two
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"
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
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...
Fresh produce and tax law at your local farmers' market
By Robert W. Wood
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
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...
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
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...
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
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
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
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
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
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 ...
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?
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
Setting the record straight on Talent Agencies Act litigation
By Bill Hochberg
Edwin McPherson's article titled "TAA Violation for Record Producer Deal" (Aug. 18) discussed a recent decision by the labor c...
In the ordinary criminal case, if an accused's conduct is prohibited by the plain text of a statutory provision, the person is...
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
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 ...
Despite the bravado and confidence that judges and lawyers on occasion display, those who are truly enlightened know that the ...
In legal writing, don't give in to the urge to exclaim. ...
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
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...
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
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
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
Understand the physics of settlement negotiations
By Robert S. Mann
In mediation, many different factors create "power" and "torque." But it's not always the case that those lead to "work," whic...
Tax
Circuit court clears confusion over tax-sharing agreements
By Stephen J. Turanchik
A new decision is instructive in how to draft tax-sharing agreements that specify each subsidiary's tax liability in a consoli...
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
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...