Taxpayer rights and selective disclosure
By Robert W. Wood
Does the IRS "Taxpayer Bill of Rights" include a right to selectively disclose documents, such as emails? ...
Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
Wage and hour rulings have plaintiff-friendly implications
By Eric B. Kingsley
The wage and hour plaintiffs' bar was recently faced with two potentially game-ending blows emanating from the state high court.
Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals
Characters rights, not so elementary
By Allison S. Brehm, Eric May
Why can Mickey Mouse, Rocky Balboa and Tarzan be copyrighted, but not Sam Spade of "The Maltese Falcon" or Regan from "The Exo...
Administrative/Regulatory
Mining for big data: What is next for data brokers?
By Mary Ellen Callahan, Sabrina N. Guenther
Everyone is talking about data brokers. All seem to agree that some legislation is needed to regulate this already pervasive b...
Environmental & Energy
Legal risks of fracking bans are real
By Jeffrey Dintzer, Nathaniel Johnson
Unfortunately, some parties are unsatisfied with the comprehensive system of fracking regulations developed under SB 4. By Jef...
U.S. Supreme Court
High court to consider what constitutes a true threat
By Michael J. Raphael
The case may resolve a split between the 9th Circuit and the California Supreme Court as to whether proof of subjective intent...
U.S. Supreme Court, Civil Litigation, Labor/Employment
High court let ERISA split endure
By Corbin K. Barthold
Some of the perdurable mysteries that make law a jealous mistress abide in terribly mundane places, like ERISA Section 502(a)(3).
Native Americans
Justices serve up a rare win for tribal sovereignty
By Blaine I. Green
A recent decision is the Supreme Court's most explicit endorsement of tribal sovereign immunity in almost two decades. ...
Free speech advocate Julie L. Kessler on why Facebook's definition of acceptable speech has her puzzled. ...
California Supreme Court
State high court clears up confusion over disparagement
By Stephen L. Raucher
The court has essentially closed the door on future attempts to shoehorn more claims under the seemingly broad term "disparage...
California's unremitting food fight takes on the farm
By Amy P. Lally
The legal battle over the definition of "all natural" foods is turning its attention from the courtroom to the farmland.
State laws fail to keep up with the billowing cloud
By Brian S. Kabateck, Shant A. Karnikian
California's consumer protection laws are failing to keep up with the inevitable advances in data management and storage.
Erwin Chemerinsky on how the U.S. high court has made it extremely difficult to successfully sue police for their conduct in h...
Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit warms up to claims of art looted by Nazis
By Joshua M. Keesan
A recent signifies the increasing reluctance of the 9th Circuit to consider such claims barred or preempted by considerations ...
Letters, Judges and Judiciary
Simply stated, judges shouldn't be candidates
By Richard C. Leonard
A judge should be appointed and should be allowed to remain on the bench as long as he or she appropriately does the job.
Call recording class actions
By Edward D. Totino
Things are looking up for companies and businesses accused of violating Californians' privacy rights by recording telephone ca...
The explosive growth of the state's prison population over the past two decades bolsters the maxim that prison is for those wh...
To effectively address the serious and escalating problem of sexual assaults on college campuses, we must create a culture of ...
Alternative Dispute Resolution
The value of a hearty handshake in negotiations
By Jan Frankel Schau
In modern day legal transactions, so much of the negotiation is done via Internet, that we may have lost the fine art of a gen...
Civil Litigation, Health Care & Hospital Law
MICRA myths about keeping the current damages cap
By Bruce G. Fagel
Over the next five months leading up to the November election in California there will be a lot of myths and false information...
Government, Criminal
DOJ should expand recording 'presumption'
By George B. Newhouse Jr.
Effective July 11, the FBI will begin to record, by video or audio, interrogations of suspects recently taken into custody. It...
Health Care & Hospital Law, Criminal, Administrative/Regulatory
Selling heroin's lethal cousin
By Robert C. Fellmeth
OxyContin and related opioids have become their own vehicle for fatal addiction, an expansion stimulated by irresponsible mark...
Labor/Employment
High court ensures continued split on ERISA remedies
By Michelle L. Roberts
Nothing about remedies under the Employee Retirement Income Security Act is well-settled and the U.S. Supreme Court recently d...
Judges and Judiciary, Constitutional Law
Are judicial elections a fraud on voters?
By Aram B. James
Can judicial campaigns play a role in educating voters about our judicial system, or will they remain a pretext to defraud the...
Administrative/Regulatory
The unforeseen privacy issues of wearable tech
By Hsiao C. Mao, Jonathan H. Yee
Users are likely unaware that personal wearables are being used to help spearhead the next generation of consumer behavioral s...
Letters, Constitutional Law
The First Amendment applies to students, too
By Stephen F. Rohde
Students have every right to exercise their First Amendment by peacefully protesting against their colleges bestowing valuable...
Intellectual Property
Federal Circuit increases burden on copyright trolls
By Ben Depoorter
Last week the U.S. Court of Appeal for the Federal Circuit dealt a severe blow to this Joe Doe lawsuit approach to file-sharin...
The RESPECT Act is the recording industry's latest attempt to have its cake and eat it too, applying only the provisions of co...
Civil Litigation, Health Care & Hospital Law, Government, Administrative/Regulatory
Health care fraud remains a key focus for DOJ
By Thomas P. O'Brien, John J. O'Kane IV
The Medtronic settlement is yet another in a series of examples of the DOJ's continuing efforts to zero in on health care frau...
Constitutional Law, Books
The stakes for Scalia in Bush v. Gore
In "Scalia: A Court of One," Bruce Allen Murphy, author of three previous Supreme Court biographies, provides the most compreh...