U.S. Supreme Court, Labor/Employment
Voting rights and arbitration at the US high court
By Eric B. Kingsley
Last month I took a trip to Washington to hear oral arguments in two cases: American Express v. Italian Colors and S...
Intellectual Property, Government
DOJ revamps trade secret protection strategy
By Thomas P. O'Brien, John J. O'Kane IV
Over the past several months there have been some significant developments in connection with federal trade secrets law.
U.S. Supreme Court, Constitutional Law
Methinks Justice Stevens protests too much
By Gideon Kanner
In his latest article on Kelo, Justice John Paul Stevens doubles down and purports to tell us in three easy steps why h...
Until recently, beyond occasional cases involving notice or cooperation clauses, few decisions addressed other aspects of cond...
Environmental & Energy
Bill to create environmental court lacks specificity
By Donald E. Sobelman, Sherry E. Jackman
As presently drafted, SB 123 is a very brief piece of legislation that identifies a conceptual framework for the establishment...
ScanDisk leaves no doubt that the standing required to bring an antitrust claim based on the fraudulent procurement of ...
The enduring legacy of California's Premier Justice Stanley Mosk
By Arthur Gilbert
But first a caveat: In this, my 210th column, you will be exposed to bursts of effusive praise for one of California's and the...
Attorneys as Witnesses
By Mark J. Hancock, Steven D. Wasserman
Lawyers are advocates and counselors, but on occasion they may be called upon to testify for a client. When that happens, ethi...
Intellectual Property
AIA's 'first to file' patent system looms on the horizon
By John F. Stephens
The first inventor to file system comes into effect March 16, bringing the U.S. more closely aligned with the rest of the world.
At the end of the day Greb is unfavorable to California corporations, which can be sued without time constraint after d...
My real purpose isn't really to "model" a mathematical formula to help settle cases - it is to use the concept of a formula to...
U.S. Supreme Court, Criminal, Constitutional Law
Dog sniff ruling doesn't smell so bad after all
By Allison B. Margolin
What may at first glance seem like a stake in the heart to the defense bar ultimately may provide us ideas for really challeng...
State Bar & Bar Associations
State Bar proposal for more practical skills training will only burden law students.
By Ira L. Shafiroff
Although well meaning, these recommendations are at best superfluous; at worst, they will significantly burden students and ne...
Letters, Judges and Judiciary
Diversity concerns fail to acknowledge disabled
By Peter A. Lynch
I began reading with great anticipation the article titled "Diversity Lacking on State Bench." However, the piece failed to in...
Labor/Employment, Constitutional Law
Will Obama tackle guns in the workplace?
By Daniel H. Handman
Seventeen states have "parking lot" laws that prohibit an employer from banning employees from bringing guns to work, so long ...
The "sunk-cost effect" can be so powerful as to overcome logic in mediation - much like it did with the Jets' decision to keep...
U.S. Supreme Court, Bankruptcy
Circuit split over parties' expanding a bankruptcy court's power
By Erwin Chemerinsky
Is it permissible for the parties to consent to allowing a bankruptcy court to issue a final judgment that it otherwise would ...
Securities, Government, Administrative/Regulatory
SEC likely to ramp-up private equity scrutiny
By Jonathan A. Shapiro
Initially, the SEC has moved deliberately, bringing relatively few of the threatened cases against private equity firms and pe...
Metrish presents the question whether a decision abolishing the common-law defense of diminished capacity eliminates th...
The Obama administration has created a working relationship between the U.S. and the ICC, though we still have yet to ratify t...
Real Estate/Development, Government, Administrative/Regulatory
Infill or greenfield development? Or is planning key?
By Ann Catherine Norian, Elisa L. Paster
In planning and development circles, it is the heavyweight grudge match: infill development versus greenfield development.
What is it that happens when your life becomes so disjointed, so chaotic, so isolated that you lose your access to human conne...
Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals
9th Circuit clarifies anti-SLAPP motion appeal rules
By Alana H. Rotter
Previous decisions led some to question whether the denial of an anti-SLAPP motion remains immediately appealable to the 9th C...
Labor/Employment
Employers, get to know the new religious accommodation rules
By Archana R. Acharya, Krista M. Cabrera
The goal of the recent amendments to the Fair Employment and Housing Act is to provide guidance and clarity to employers faced...
Family
Decision weakens enforceability of spousal support waivers
By Franklin R. Garfield
The enforceability of the spousal support limitations authorized by the California Premarital Agreement Act and incorporated i...
I admit I am sensitive about the "age thing."
Criminal
Time for a change: irrational interpretations of drug laws
By Scott A. Sugarman
In a closely-divided decision, the Supreme Court held that a conviction for transporting marijuana did not require proof the d...
Civil Litigation
eDiscovery: protect information stored on personal electronic devices
By A. Marco Turk
Where can we look for protection of potential intrusion on our individual privacy through unauthorized access to personal elec...
U.S. Supreme Court, Government, Civil Rights
When public officials choose to ignore duly enacted laws
By Lawrence Waddington
In both same-sex marriage cases before the high court, the respective state and federal attorneys general refused to defend in...
U.S. Supreme Court, Constitutional Law
Smoldering embers in Belfast may soon reach US justices
By M.C. Sungaila, John M. DeStefano
The U.S. Supreme Court will soon decide whether to hear a different controversy arising from the Troubles, Moloney v. United S...