Intellectual Property
Properly pleading inventorship disputes in federal court
By Craig E. Countryman, Kevin E. Kantharia
Recently, the Federal Circuit highlighted the importance of pleading sufficient facts to establish a federal court's subject m...
Given the Copyright Act drafters' intentions, it's hard not to see Aereo's service falling comfortably within their conception...
U.S. Supreme Court, Constitutional Law
Thomas alone on campaign finance?
By Richard L. Hasen
It was somewhat of a surprise last week when Thomas wrote only for himself in the McCutcheon campaign finance case.
U.S. Supreme Court, Labor/Employment, California Supreme Court
PAGA should reign as Gentry goes quietly into the night
By Eric B. Kingsley
The state Supreme Court convened in Los Angeles April 3 to hear arguments in Iskanian v. CLS Transportation, S204032. Based on...
A while back a lawyer wrote that "common sense" compelled victory on his motion. That's nice, I thought. So why had I bothered...
The Maryland House of Delegates recently passed a bill giving the state the power to condemn property belonging to the produce...
Despite the problematic and indeterminate nature of words, we can discern with a high degree of certainty the meaning of Ci...
Alternative Dispute Resolution
Control your modulus of elasticity in mediation
By Robert S. Mann
In a trial, as in pole vaulting, there's enormous complexity and rarely a perfect application of force. ...
Civil Litigation, Health Care & Hospital Law, Administrative/Regulatory
Tort liability options for the anti-vaccination movement
By Dorit Reiss
To date in 2014, 49 people in California have been diagnosed with measles, a vaccine-preventable disease.
Law Practice, Entertainment & Sports
What lawyers can learn from Vin Scully
By Michael M. Maddigan
When Vin Scully first took his seat in the Dodger broadcast booth, current Chief Justice John Roberts was not even born.
Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations
To audit or not to audit?
By Patrick M. Kelly
The State Bar is considering joining those states that audit lawyer trust accounts.
Plaintiffs' firm pickle after ruling reviving old claims
By Brian S. Kabateck, Levi M. Plesset
The Court of Appeal recently broke new ground by expanding the (delayed) discovery rule in a manner which will likely leave la...
Government, Administrative/Regulatory
Neutrality decision could empower FCC
By Bennett L. Ross
The reaction to Verizon v. FCC has been fairly predictable; largely missed is how the decision may expand the FCC's pow...
Does the First Amendment allow Baidu.com (China's version of Google) to censor political speech from its search results for us...
Health Care & Hospital Law, Administrative/Regulatory
Limiting vaccine exemptions benefits all
By Dorit Reiss
Measles is back. And as of January, a parent must obtain the signature of a health practitioner to claim an exemption from vac...
U.S. Supreme Court, Law Practice
'Anita' documentary revisits confirmation hearings of Justice Clarence Thomas
By Alan Friedenthal
"Anita" bears no message of hostility towards the justice. Rather, it conveys a message of redemption, resurrection and hope. ...
Judges and Judiciary
The scope of commissioners' powers
By Maria Theresa Jauregui
Earn MCLE reviewing in which situations a commissioner may act absent a stipulation and in which situations there must be a st...
The pride and progressivism cheered by many liberals in the marijuana debate is routinely derided and decried in discussions r...
Law Practice
The two D'Amicos: appellate split on summary judgment
By Zareh Jaltorossian, David J. de Jesus
In most cases, the standards governing summary judgment are clear and heavily favor the party opposing the motion. By Zareh Ja...
The modern pro bono movement has done more to combat poverty in this country than has any other effort or program. By David A....
Insurance
Reflecting on policy interpretations for 'additional insureds'
By Rex Heeseman
For years, courts have been grappling with when an insurer must provide a defense for an additional insured. ...
Let the slogan of copyright reform be: "Authors. Nothing Else Matters."
Labor/Employment
Sexual harassment claims in the electronic workspace
By Arthur F. Silbergeld, Jennifer A. Awrey
Almost every employer in California has adopted a policy aimed at preventing sexual harassment in the physical workplace, but ...
U.S. Supreme Court, Constitutional Law, Books
The winding road to McCutcheon and beyond
By Ronald K.L. Collins, David M. Skover
In "When Money Speaks," Ronald Collins and David Skover provide an engaging, incisive account of McCutcheon v. Federal Elec...
Real Estate/Development, Government, Administrative/Regulatory
Proposal may help cities finance projects
By Seth Merewitz, Jake Vollebregt
Infrastructure financing districts are receiving a lot of attention in Sacramento, and around the state.
U.S. Supreme Court, Criminal
Aiding and abetting ruling destined for case books
By Michael J. Raphael
The U.S. high court recently issued an opinion explicating the elements of a federal aiding and abetting charge, providing the...
A proposed ordinance in L.A., if drafted and adopted as currently approved, will have devastating effects on oil and gas produ...
Facts matter in rideshare cases
By Robert W. Wood
In many cities, if you have a smartphone, you can summon a car in minutes via Uber, Sidecar or Lyft. But because these drivers...
Steven Dale Green was a soldier in the U.S. Army. At 19, he enlisted. After basic training, he was deployed to Iraq, where he ...
U.S. Supreme Court, Constitutional Law
The limit to free exercise rights
By Erwin Chemerinsky
On March 25, the U.S. high court will hear two cases concerning whether it violates a corporation's right to free exercise to ...