U.S. Supreme Court, Labor/Employment, California Supreme Court
Once more unto the Federal Arbitration Act
By Steven B. Katz
In 2014, the state high court began losing its will to maneuver over the terrain of FAA jurisprudence with the U.S. high court...
Securities, Administrative/Regulatory
First-of- its-kind action by the SEC
By Thomas A. Zaccaro, Nicolas Morgan
The SEC just announced a settlement in an action that sets an alarming precedent for companies seeking to maintain the confide...
The Internet of Things will provide manufacturers the opportunity to sell their products in a more personalized way.
A few apparent facts can be deceptive, and lead us to unwarranted conclusions. With this in mind, courts can establish precede...
U.S. Supreme Court, Civil Litigation
Preventing US claims by suing abroad?
By L. Rachel Lerman, Peter Morris
In cases involving private international law, U.S. courts should apply U.S. res judicata law.
Ethics/Professional Responsibility
Privilege when firms advise themselves
By Gay C. Grunfeld
A recent Court of Appeal decision, on whether the attorney-clienty privilege applies when lawyers speak with their firm's "in-...
Appellate Practice
Should you use footnotes in briefs? Sure, but take it easy
By Myron Moskovitz
Lawyers often think they are adding useful information, but they don't realize that they are also subtracting from what counts...
California Courts of Appeal
Muddied waters on unconscionable arbitration agreements
By Timothy D. Reuben, Michael Hirota
A recent case creates confusion as to when a court will sever a provision that is clearly unconscionable versus finding the en...
As of Monday, trademark owners who have met certain requirements can register .sucks domain names consisting of their trademar...
Just because a married couple can file jointly doesn't mean they should. ...
Health care, consumer goods, and tech are behind some of the state's highest-value deals.
A former assistant U.S. Attorney adds fuel to claims that federal prosecutors engaged in a fraud on the court to win fire-reco...
California Lawyer Archives - Expert Advice: Listen More, Talk Less
By Sachin D. Adarkar
Good listening skills can be more valuable than good talking skills -- even for lawyers.
Civil Litigation, Immigration
A young attorney reconciles a bitter time from childhood.
Antitrust & Trade Reg.
Billions of web devices pose a challenge to regulators
Tax
California Lawyer Archives - Expert Advice: The Perils of Filing Jointly
By Robert W. Wood
Most married couple file a joint return, but it's not always the best strategy.
U.S. Supreme Court, Civil Litigation, Labor/Employment
US high court to look at 'equitable relief' under ERISA
By Corbin K. Barthold
The Supreme Court just granted certiorari in a case involving what 'equitable relief' means as used in the Employment Retirem...
U.S. Supreme Court, Tax, Corporate
The battle of states and online retailers
By Darien Shanske
Without doubt online retailers won a significant victory at the U.S. Supreme Court earlier this month. But will it last? ...
Civil Litigation, California Courts of Appeal, Appellate Practice
Lessons from appeals of nonappealable 'judgments'
By Alana H. Rotter
What's in a name? When it comes to determining whether a trial court ruling titled "judgment" is appealable, not much.
U.S. Supreme Court, Intellectual Property
Litigation before trademark appeal board just got real
By Jocelyn M. Belloni, Sharoni S. Finkelstein
On Tuesday, the U.S. Supreme Court held that decisions of the Trademark Trial and Appeal Board may have a preclusive effect on...
U.S. Supreme Court, California Supreme Court, California Courts of Appeal, Appellate Practice
9th Circuit could soon rule on PAGA waiver legality
By Felix Shafir
Three appeals ready for argument call on the 9th Circuit to decide the same issue confronted by the state Supreme Court in ...
U.S. Supreme Court, Intellectual Property
Clarifying the jury's role in intellectual property cases
By Andrew J. Thomas
The U.S. high court's affirmation of the jury's role in deciding mixed questions of law and fact is likely to resonate in the ...
Government, Alternative Dispute Resolution, Administrative/Regulatory
Fighting against forced arbitration
By Elise R. Sanguinetti
Earlier this month, the Consumer Financial Protection Bureau released a report that spelled what many have argued for years: F...
Law Practice, Criminal, Constitutional Law
Bruton rule in a post-Crawford world
By Thomas Rubinson
Acquaint yourself with limits to admission of a defendant's statements in multiple defendant trials, and to explore redaction ...
Civil Litigation, Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals
Will 'Blurred Lines' bury artistic freedom?
By Glen A. Rothstein
The verdict, with the odds seemingly stacked against the Gaye estate, could redefine what copyright infringement means for rec...
Civil Rights, Administrative/Regulatory
Make online education accessible to all
By Howard Rosenblum
Netflix eventually agreed to caption all its content - and online education should follow suit. ...
Law Practice, Ethics/Professional Responsibility
Ethical considerations for lawyers in age of the cloud
By Wendy Chang
Lawyers routinely use smartphones, tablets and other devices to perform legal work, which translates into speed and convenienc...
Precluding review will produce more litigation
By Rae T. Vann
In a case the U.S. Supreme Court will soon decide, the justices should overturn the 7th Circuit's ruling that courts are prohi...