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Law Practice

The devil made me do it

Feb. 4, 2014
By Arthur Gilbert

Lawyers, judges, servers and waiters, oh my.


Labor/Employment

NLRB case has far-reaching implications

Feb. 1, 2014
By Scott J. Witlin

The recess appointments case heard by the U.S. high court recently could end up as a major separation of powers decision limit...


State Bar & Bar Associations, Ethics/Professional Responsibility

It's that time of year: MCLE is due

Feb. 1, 2014
By Diane L. Karpman

If you lack all the required units there is a fine, but that is nothing compared to the situation you could be in if you claim...


While many groups have been affected, it is now well established that the city's African-American population has borne the bru...


Criminal, Corporate

America's elusive corporate executive

Feb. 1, 2014
By George B. Newhouse Jr.

Why hasn't the government charged many executives at corporations that have committed crimes in recent years? ...


'Kaepernicking' all the way to the bank

Jan. 31, 2014
By Robert W. Wood

The patent office shows six registration applications for the 49er quarterback's signature move. ...


International Law, Constitutional Law

Hitler manifesto cleared for republication

Jan. 30, 2014
By Julie L. Kessler

It seems "Mein Kampf" is shortly to be republished in Germany for the first time since World War II. ...


Insurance, California Supreme Court, California Courts of Appeal

Notable insurance coverage decisions from 2013

Jan. 29, 2014
By Kirk A. Pasich

Last year California courts rendered a variety of important decisions regarding insurance issues. ...


Law Practice

The shape of things to come

Jan. 29, 2014
By Mark S. Lee

A new case illustrates how hard it is becoming to protect product shapes, despite no less than three different intellectual pr...


Judges and Judiciary

A commissioner's source of power

MCLE
Jan. 27, 2014
By Maria Theresa Jauregui

The objective of this article and self-study test is to review the source of commissioners' powers.


Appellate Practice

Counselor, are you reading your oral argument?

Jan. 25, 2014
By David M. Axelrad

So how should you go into an appellate oral argument? By David M. Axelrad ...


Neutral data to derail discriminatory damage awards

Jan. 25, 2014
By Brian S. Kabateck, Levi M. Plesset

By limiting a plaintiff's damages awards based upon race and gender, courts are institutionalizing discrimination.


Law Practice, Ethics/Professional Responsibility

2013 year in review: notable decisions affecting lawyers, Part 2

Jan. 25, 2014
By Kenneth C. Feldman, Alex A. Graft

In Part 2 of this two-part series, we review several cases affecting legal malpractice claims, conflict cases, and other claim...


Special Coverage, Administrative/Regulatory

What 2013 tells us about government enforcement in 2014

Jan. 24, 2014
By Robb C. Adkins, Kimberly S. Morris

The past year proved to be an eventful one in terms of government enforcement, in particular for financial institutions and co...


Securities, Administrative/Regulatory

$14 million whistle-blower game changer

Jan. 24, 2014
By Thomas A. Zaccaro, Eleanor K. Mercado

In October 2013, the SEC announced the largest whistle-blower award yet since launching its whistle-blower program in 2011. ...


Environmental & Energy, Administrative/Regulatory

Will 2014 finally be the year for long-awaited CEQA reform?

Jan. 24, 2014
By Kathryn L. Oehlschlager, Samir J. Abdelnour

In a nutshell: don't bet on it.


Environmental & Energy

SB 743: Tinkering with CEQA for the future

Jan. 22, 2014
By Donald E. Sobelman, Nicole M. Martin

After more than 40 years on the books, the California Environmental Quality Act (CEQA) continues to be the focus of contentiou...


Intellectual Property, Government

SB 606: Attempt to address childish behavior of paparazzi

Jan. 22, 2014
By Andrew J. Thomas, Nary Kim

In September, the Legislature passed Senate Bill 606, amending Section 11414 of the California Penal Code. ...


Real Estate/Development, Government, Administrative/Regulatory

On Oct. 5, Gov. Jerry Brown signed Assembly Bill 440, designed to help communities struggling with "blighted" properties.


AB 110: Stemming the flow of court budget cuts

Jan. 22, 2014
By Brian S. Kabateck, Min-Kuk Song

While trial courts' operating budgets in other states are primarily locally funded, California's entire judicial branch is fun...


Law Practice, Ethics/Professional Responsibility

2013 year in review: notable decisions affecting lawyers, Part 1

Jan. 18, 2014
By Kenneth C. Feldman, Alex A. Graft

In Part 1 of this two-part series, we see how the appellate courts were busy refining principles governing the practice of law...


Constitutional Law, 9th U.S. Circuit Court of Appeals

Daimler: a map out of obscure territory

Jan. 18, 2014
By Lea Brilmayer

Personal jurisdiction is one of those obscure technical subjects that only a lawyer can truly love. But few doctrines are like...


International Law

Russia bombings conjure the past

Jan. 16, 2014
By Gideon Kanner

It remains to be seen if the Russian security forces will rise to the occasion, and do a better job than did the Germans in 19...


Law Practice, Civil Rights

Given some of the other areas in which women have made significant "progress," having heart attacks in almost equal numbers to...


Civil Litigation, Health Care & Hospital Law

Oakland tragedy and limits on recovery

Jan. 15, 2014
By Bruce G. Fagel

The events at Children's Hospital and Research Center Oakland and in a courtroom in Alameda County have rekindled a debate abo...


U.S. Supreme Court, Appellate Practice

There is an old adage that there are three oral arguments for an attorney: the one that was planned, the one that was given, a...


Insurance

When insurers' litigation tactics become a liability

Jan. 11, 2014
By Joshua H. Haffner, Drew Ferrandini

Public policy has promoted the adversarial process by giving special protections to conduct in the course of litigation. But t...


Books

Review: 'The Partner Track'

Jan. 10, 2014
By Julie L. Kessler

Attorney Helen Wan provides a thrill ride for those who have worked in our nation's big law firms - and those who have wondere...


Labor/Employment

New employment law roundup

Jan. 9, 2014
By Arthur F. Silbergeld, Jennifer A. Awrey

Employers should pay special attention to the following bills signed by Gov. Jerry Brown that go into effect in 2014.


U.S. Supreme Court

A new version of 'reasonable suspicion'

Jan. 9, 2014
By Brian M. Hoffstadt

Until now, the Supreme Court has defined three levels of suspicion under the Fourth Amendment: probable cause, reasonable susp...