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...
Stress not only is related to increased incidence of cancer, but a variety of maladies ranging from strokes and heart attacks ...
Health Care & Hospital Law, Government, Administrative/Regulatory
Trepidation over health insurance exchanges
By Stephen M. Sullivan
The health insurance exchanges established by Obamacare are set to be implemented in a matter of months. Many see California a...
Civil Litigation, Appellate Practice
Case highlights importance of timely post-trial motions
By Alana H. Rotter
In a nutshell, fail to timely appeal, and your appeal will be dismissed.
Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals
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 ...
Labor/Employment, California Supreme Court
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...
You've paid hundreds of dollars for one dinner ticket to the biggest networking event of the year, and you're keenly aware of ...
Labor/Employment
Retaliation claims not limited to the employment relationship
By Thomas L. Dorogi
No matter how one elects to read a recent decision, the case undoubtedly expands the class of potential plaintiffs who may bri...
Among other things, the Monty Hall problem illustrates how, thinking clearly through the rules of a game ahead of time improve...
U.S. Supreme Court, Constitutional Law
Why pray before a town hall meeting?
By Charles S. Doskow
The Supreme Court would in all likelihood not grant review unless it intended to reconsider the entire question of religious i...
Over the last 20 years, California courts have reached conflicting decisions as to whether an insurer must pay for attorney fe...
Employers shed restrictive social media policies as more states regulate
By Brian S. Kabateck, Lina B. Melidonian
With Congress' inability to pass legislation, California and several other states have taken steps to protect employees, inclu...
I checked the 2012 Court Statistics Report. In fiscal year 1993 our Supreme Court depublished 109 cases. God knows what percen...
With only about 5 percent of the world's population, the U.S. has a full 25 percent of its prisoners.
Alternative Dispute Resolution
The obsessive-compulsive approach to mediation
By Robert S. Mann
A mediation plan, like a plan of action to build an award winning hot rod, has a number of very specific elements and involves...
Sometimes a media narrative takes off like a bullet train flattening anything in its path, even the truth. Such is the case wi...
Intellectual Property
For reuse of photographs, copyright gives more protection to appropriation art than news reporting
By Andrew J. Thomas
Three cases suggest the transformative use analysis is becoming untethered from the basic purposes of copyright law.
Law Practice, Government, Constitutional Law
New panel decision shows why facts are for juries
By Robert L. Bastian Jr.
When a 2-judge majority rules that no person could reasonably conclude that the plaintiff has a case, they are also saying tha...
Criminal
Special procedural issues in sexual assault cases
By Karla D. Kerlin, Renee F. Korn
The objective of this article is to acquaint readers with common procedural issues in sexual assault cases, including statute ...