In a recent mediation, the plaintiff's lawyer had a pained expression on his face as he reviewed a document, and as I walked i...
Civil Litigation, 9th U.S. Circuit Court of Appeals
Returning some removal control to defendants
By Erin L. Burke, Jason C. Wright
A recent 9th Circuit decision rejected a narrow interpretation of the statutorily imposed restrictions on when a defedant can ...
IP malpractice claims rising
By J. Randolph Evans, Shari L. Klevens
Legal malpractice lawsuits arising from intellectual property disputes are on the rise in California, and throughout the count...
While supporters describe the bill as closing a loophole in California law, in truth the bill would tear asunder far more fami...
Government, Administrative/Regulatory
Legislation key in battle to unlock cellphones
By John F. Stephens
The new chairman of the Federal Communications Commission, Tom Wheeler, thinks that it should be legal to unlock your cellphon...
One of the banes of our existence in 2013 is the need to remember - if you are following the rules - dozens and dozens of pass...
Civil Litigation, Appellate Practice
How appellate courts review attorney disqualifications
By Alana H. Rotter
The good news is that attorney disqualification orders are immediately reviewable. And two recently published decisions show t...
Re: "Plan to shave bar exam down to two days makes headway," July 2.
Letters, Constitutional Law
Jumping to conclusions regarding same-sex marriage
Re: "Narrow holdings with huge implications for couples," June 27. By Joel Drum ...
Special Coverage, Labor/Employment
VIDEO: Pushing Brinker to the limit
By Steven B. Katz
The decision harbored a dark cloud on the edge of its rosy resolution, and a brand-new decision from the Court of Appeal seize...
Labor/Employment
Employers should prepare for impact of same-sex marriage rulings
By Todd B. Scherwin, Andrew J. Hoag
And they will need to do so soon - Gov. Jerry Brown ordered all 58 counties to issue marriage licenses. ...
In recent years, lawyers and judges have cited Wikipedia and Urban Dictionary to define everything from Buddhism to "booty mus...
U.S. Supreme Court, Labor/Employment
Thinking through Concepcion, Oxford Health and Iskanian
By Arthur F. Silbergeld
While management lawyers lauded result in Concepcion, several statements in the opinion have limited validity, appear result-o...
U.S. Supreme Court
Real progress emanates from the political process
By Lawrence Rosenthal
In the long run, the cause of equal rights for gays and lesbians may not be advanced if gay marriage is imposed on unwilling s...
U.S. Supreme Court, Constitutional Law
Narrow holdings, huge implications
By Erwin Chemerinsky
The Supreme Court did not go that far Wednesday in its rulings on marriage equality, but there is now no doubt that ultimately...
Tax, Health Care & Hospital Law
'Wide latitude' for what can be deducted as a medical expense
By Robert W. Wood
Most lawyers can reel off a few laws that are not uniformly interpreted, much less uniformly enforced. Take, for example, the ...
A trend emerging in courts shows that the occasional absence (or presence) of words can be outcome determinative. ...
Judges and Judiciary, Immigration, 9th U.S. Circuit Court of Appeals
Crimes and immigration consequences
By Rodin Rooyani, Curtis A. Kin
The objective of this article is to familiarize readers regarding the immigration consequences of state criminal proceedings i...
Civil Litigation, Constitutional Law, 9th U.S. Circuit Court of Appeals
Plaintiffs face tough initial hurdles bringing data breach claims
By Adam J. Thurston
Plaintiffs who have not suffered actual losses from the use of their personal information have had a difficult time surviving ...
Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals
VIDEO: Judges justifiably oppose federal anti-SLAPP
By Anthony M. Glassman, Rebecca Nell Kaufman
Chief Judge Alex Kozinski and Judge Richard Paez question whether California's anti-SLAPP statute even belongs in the federal ...
U.S. Supreme Court, Criminal
Justices rule jury must decide facts that increase mandatory minimum sentences
By Allison B. Margolin
Justice Clarence Thomas, writing for a slim majority, overturned the court's earlier rulings that a jury verdict was not requi...
Recently President Obama has renewed his plans to close Guantanamo and has also promulgated new guidelines for our government'...
Environmental & Energy
Will public records trailer make the budget?
By Jeffrey Dintzer
Taken has a whole, this amendment will relieve local agencies of any obligation to be helpful or promptly respond to PRA reque...
U.S. Supreme Court
Majority fails to recognize intrusiveness of DNA collection
By Erwin Chemerinsky
Maryland v. King is troubling because it is about searching people to gather evidence for crimes where they are not sus...
Alternative Dispute Resolution
Using ADR in civil cases becomes completely voluntary
By Jan Frankel Schau
An unintended consequence is that the conduct leading up to, during, and following the mediation is entirely unregulated. ...
Ethics/Professional Responsibility
Hiring former federal appellate clerks raises special ethical issues
By Amy L. Bomse
Former clerks and the law firms that hire them must be aware of rules that preclude these clerks from working on matters that ...
Letters, Health Care & Hospital Law
Health care system already a 'train wreck'
By William W. Bruzzo
The June 12 article, "Trepidation over health insurance exchanges," by David Deaton and Stephen Sullivan, surprised me.
Government, Administrative/Regulatory
New privacy rules for online businesses aimed at children take effect next month
By Mary Ellen Callahan, Andrew J. Thomas
Significant changes to the federal Children's Online Privacy Protection Act go into effect on July 1. Businesses that operate ...
Intellectual Property
Obama misses the mark on patent trolls
By Ara R. Jabagchourian, Stewart Pollock
If the goal of reform is to increase innovation and avoid unnecessary litigation, then the focus should be on the use of paten...
As the summer travel season begins, the courts continue to debate whether laptops at the border may be routinely searched with...