U.S. Supreme Court, Constitutional Law
Same-sex marriage issue reserved to the states
By Kris Whitten
In some cases federal law has impacted aspects of a marriage relationship, but the court still adheres to the rule that the "w...
Treat this alternative view of rampage violence as a hypothetical. What if rampage violence is the result of "narrative failur...
Environmental & Energy
US government cannot escape liability under CERCLA
By Jeffrey Dintzer
While the government has often gone after parties that it has contracted with, a recent opinion shows that it can face substan...
Labor/Employment, Constitutional Law, California Supreme Court
Ralphs: not just a labor dispute
By Gideon Kanner
Does the freedom of expression trump property rights?
Since the world has become a smaller place due to the Internet and the ease of international travel, the number of transnation...
Labor/Employment
Slew of new employment laws hit the books in 2013
By Arthur F. Silbergeld, Jennifer A. Awrey
Employers should pay attention to the following bills signed by Gov. Jerry Brown that go into effect in 2013. ...
In 2012, California appellate courts once again issued a number of decisions establishing or confirming important insurance pr...
Family, Administrative/Regulatory
Is sperm donation a risky business in California?
By Judith Daar
A Kansas man who answered a Craigslist ad soliciting a sperm donor for a lesbian couple has found himself embroiled in a novel...
Real Estate/Development, Government, Administrative/Regulatory
2012 eminent domain year in review
By Bradford B. Kuhn, Rick E. Rayl
Last year federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure...
California's recently enacted law, Senate Bill 1172, which prohibits "therapy" aimed at changing a child's sexual orientation,...
An expirement: Put a bunch of jelly beans in a jar and invite your co-workers to guess away, and you'll find that the crowd be...
Alternative Dispute Resolution
Effective storytelling brings faster, better settlements
By Robert S. Mann
If you can't fit your case into a story, you might want to reconsider the strength of your position because without a good sto...
U.S. Supreme Court, Constitutional Law
Courts free to decide Prop. 8 issue anew if high court case dismissed
By Kris Whitten
If the case is dismissed and the lower court's opinion stands, would the judgment enjoin the enforcement of Prop. 8 for anyone...
Lawyers who yearn for a satisfying professional life are often chagrined to find that the practice of law is not at all what t...
Now that it's 2013 and the fiscal cliff debacle seems at least temporarily behind us, what do lawyers and their clients need t...
The governor approved a bill that apparently never saw the light of advance public scrutiny, eliminating application of the he...
Civil Litigation, Intellectual Property, Entertainment & Sports
Dispute between game makers gets messy
By Dan D. Nabel
Just like the rest of the entertainment industry, the world of free-to-play gaming is not without its dark, seedy underbelly. ...
Seven years and 3,000 non-billable hours ago, I joined a handful of public-spirited lawyers as counsel for the plaintiffs in A...
Labor/Employment
Slew of new employment laws to hit the books in 2013
By Arthur F. Silbergeld, Jennifer A. Awrey
Employers should pay attention to the following bills signed by Gov. Jerry Brown that go into effect in 2013. ...
2011 was the year of captivating criminal cases. We had Dr. Conrad Murray, Casey Anthony and Lindsay Lohan to name a few. 2012...
Insurance
A good decision for reviewing parol evidence and policy Interpretation
By Rex Heeseman
Minkler v. Safeco Ins. Co. of America unanimously declared that the "existence of a material ambiguity in the terms of an insu...
A rent-to-own computer spying case
By Brian S. Kabateck
The Federal Trade Commission, which has a duty to prevent anticompetitive, deceptive or unfair business practices, filed charg...
Labor/Employment
California employers rack up 'wins' in 2012 decisions
By David B. Ezra
While Brinker received the most attention, it was not the only pro-employer decision that was handed down this year. By...
U.S. Supreme Court, Constitutional Law
Don't be so sure the court will decide marriage equality this term
By Erwin Chemerinsky
In both cases in which review was granted, there are difficult jurisdictional questions that may keep the court from reaching ...
Distinguish purely personal from investment expenses. Legal fees paid to help the client's business reputation could be busine...
U.S. Supreme Court
Dog sniffs and that new Fourth Amendment smell
By Brian M. Hoffstadt
The decision to hear Jardines may be additional evidence that the U.S. Supreme Court is in the midst of reconsidering and rede...
Sometimes we get so caught up in our own "stuff" that we forget how many people genuinely care for us, just the way we are. ...
Law Practice
Litigators and in-house counsel: get to know CFAA civil actions, Part 2
By Marc Lewis, Jesse Koehler
Protecting a client's digital fortress has never been more difficult, and technology and Internet companies must consider the ...
Alternative Dispute Resolution
Pre-mediation conversations expedite settlement process
By Robert S. Mann
With increasing frequency, lawyers call before a mediation is scheduled (or sometimes after it's on calendar) to ask for assis...
Law Practice
Litigators and in-house counsel: get to know CFAA civil actions, Part 1
By Marc Lewis, Jesse Koehler
Protecting a client's digital fortress has never been more difficult, and technology and Internet companies must consider the ...