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U.S. Supreme Court

Workers need access to swift resolution of cases

Mar. 21, 2015
By Jennifer Reisch

If the U.S. Supreme Court rules that courts can review the EEOC's conciliation activities, it will have strong negative reperc...


Law Practice

Admit the confession heard 'round the world?

Mar. 20, 2015
By Mathew S. Rosengart

"What the hell did I do? Killed them all, of course," Robert Durst muttered to himself during a bathroom break at the conclusi...


Criminal

States are scrambling to update their penal codes to address the revenge porn phenomenon; in the meantime, victims might consi...


Administrative/Regulatory

Data breach laws in motion

Mar. 19, 2015
By Mary Ellen Callahan, Heidi L. Wachs

State and federal data breach laws are ever evolving these days. ...


Labor/Employment

Employers can't stop harassment if it doesn't exist

Mar. 18, 2015
By Timothy D. Reuben, Michael Hirota

A recent decision provides welcome guidance about when an employer is liable for failing to prevent sexual harassment or discr...


Constitutional Law

Protect student speech

Mar. 18, 2015
By Erwin Chemerinsky

Next week, the U.S. Supreme Court will consider whether to grant review in an important case concerning student speech. ...


Environmental & Energy

Ruling complicated use of CEQA's categorical exemptions

Mar. 17, 2015
By Donald E. Sobelman, Nicole M. Martin

Some exemptions from CEQA do not apply if there's a reasonable possibility of a significant effect on the environment due to u...


Law Practice

The law of the sharing economy

Mar. 17, 2015
By Michael A. Troncoso

As a recent misclassification case against ride-sharing service Lyft shows, our labor laws were written for a different centur...


Alternative Dispute Resolution

A scoop of mint chocolate chip mediation

Mar. 14, 2015
By Jill Switzer

Picking a mediator can be overwhelming - kind of like standing in front of the supermarket ice cream freezer. ...


Intellectual Property

Can I trademark this sick song lyric?

Mar. 14, 2015
By Jocelyn M. Belloni, Sharoni S. Finkelstein

Taylor Swift recently made headlines for attempting to register her song lyrics as trademarks. By Jocelyn M. Belloni and Sharo...


Civil Litigation, Government, Contracts, Construction

A court recently held the plaintiffs could state a cause of action if the winning bidder was able to submit a lower bid becaus...


Intellectual Property, Administrative/Regulatory

Biosimilar approval a groundbreaking step

Mar. 14, 2015
By Michelle Rhyu, Susan Krumplitsch

The Food and Drug Administration recently approved the first biosimilar drug for use in the United States. By Michelle Rhyu an...


Intellectual Property

Converse is kicking out the competition

Mar. 13, 2015
By Nicholas A. Rozansky

The shoemaker recently dropped a legal bombshell on dozens of companies, claiming they are infringing upon signature elements ...


U.S. Supreme Court, Labor/Employment

A case pending in the U.S. Supreme Court could alter the legal landscape for public sector labor unions. ...


Entertainment & Sports

What happened to the sports page?

Mar. 12, 2015
By Richard Mosk

Chief Justice Earl Warren once told me that in reading the newspaper, he always read the sports page first to read about mans'...


U.S. Supreme Court, State Bar & Bar Associations

A ruling worth the State Bar's attention

Mar. 12, 2015
By Robert C. Fellmeth

We can predict that the bar will view a recent high court ruling as an ephemeral nightmare or falsely rationalize that it does...


U.S. Supreme Court, Constitutional Law

Until recently, few legal commentators paid much attention to libertarian thought on constitutional issues.


Labor/Employment

The majority held that ERISA bars tandem claims for benefits and breach of fiduciary duty claims brought, where the latter is ...


Constitutional Law

Round One to state on handgun rosters

Mar. 10, 2015
By Ara R. Jabagchourian

Over five years after the filing of an action challenging California's Unsafe Handgun Act, last week a federal district court ...


Mergers & Acquisitions, Law Practice, Law Office Management

Diligence curbs conflict in law firm mergers

Mar. 7, 2015
By Randall A. Miller, Shawn Shaffie

Among the many risks inherent in law firm combinations is ensuring the amalgam does not run afoul of ethical rules prohibiting...


Government, Environmental & Energy, Administrative/Regulatory

Another front in war on fracking

Mar. 7, 2015
By Michael N. Mills, Shannon L. Morrissey

The Center for Biological Diversity recently sued several federal agencies for issuing permits to drill of the coast of Califo...


Tax

Is the president personally responsible for all of the crazy tax proposals in his budget? Maybe not, but there's a lot of back...


U.S. Supreme Court

States must reassess regulatory boards

Mar. 5, 2015
By Daniel G. Swanson, Blaine H. Evanson

Last week, the U.S. high court ruled that state boards helmed by active market participants must be actively supervised to inv...


Letters, Government, Criminal

'Epidemic' in need of an intervention

Mar. 5, 2015
By Jeffrey A. Aaron

The truth is not that it's good there's so little prosecutorial misconduct; the truth is that it's bad there's any. ...


Criminal, Constitutional Law, California Supreme Court, California Courts of Appeal

Your genetic privacy at stake

Mar. 5, 2015
By Elizabeth G. Joh

Should the police be able to collect evidence against you without a legally required reason or a warrant, but just because you...


Entertainment & Sports

Act doesn't serve entertainment industry

Mar. 4, 2015
By Rick Siegel

The Los Angeles city attorney recently announced that his office was stepping up their enforcement of those who violate the Kr...


Intellectual Property

For several years now, Congress has been promising to address patent litigation abuse, but judges have expressed concern that ...


Government, Criminal

Those rare instances in which prosecutors lie or cheat are painful. But I am also offended when people describe these aberrati...


Judges and Judiciary

It's all about me

Mar. 3, 2015
By Arthur Gilbert

Please enjoy your stay in the Justice Arthur Gilbert Loading Zone.


An interview with the president and co-founder of the Equal Justice Society.