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Intellectual Property

Antitrust standing vs. patent standing

Mar. 4, 2013
By Audrey A. Millemann

ScanDisk leaves no doubt that the standing required to bring an antitrust claim based on the fraudulent procurement of ...


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

Mar. 1, 2013
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

The first inventor to file system comes into effect March 16, bringing the U.S. more closely aligned with the rest of the world.


Corporate

At the end of the day Greb is unfavorable to California corporations, which can be sued without time constraint after d...


Alternative Dispute Resolution

Finding a formula for settlements

Feb. 22, 2013
By Robert S. Mann

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

Feb. 22, 2013
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

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

Feb. 19, 2013
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?

Feb. 19, 2013
By Daniel H. Handman

Seventeen states have "parking lot" laws that prohibit an employer from banning employees from bringing guns to work, so long ...


Alternative Dispute Resolution

Sunk costs sink settlements

Feb. 15, 2013
By Robert S. Mann

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

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

Feb. 12, 2013
By Jonathan A. Shapiro

Initially, the SEC has moved deliberately, bringing relatively few of the threatened cases against private equity firms and pe...


U.S. Supreme Court

What do judges do?

Feb. 12, 2013
By Brian M. Hoffstadt

Metrish presents the question whether a decision abolishing the common-law defense of diminished capacity eliminates th...


International Law

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?

Feb. 8, 2013
By Ann Catherine Norian, Elisa L. Paster

In planning and development circles, it is the heavyweight grudge match: infill development versus greenfield development.


Law Practice

Rampage violence - it's up to you

Feb. 7, 2013
By Timothy A. Tosta

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

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

Feb. 7, 2013
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

The enforceability of the spousal support limitations authorized by the California Premarital Agreement Act and incorporated i...


Law Practice

What does age got to do with it?

Feb. 5, 2013
By Arthur Gilbert

I admit I am sensitive about the "age thing."


Criminal

In a closely-divided decision, the Supreme Court held that a conviction for transporting marijuana did not require proof the d...


Civil Litigation

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

Jan. 31, 2013
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

Jan. 26, 2013
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...


U.S. Supreme Court, Constitutional Law

In some cases federal law has impacted aspects of a marriage relationship, but the court still adheres to the rule that the "w...


Law Practice

Another look at the source of rampage violence

Jan. 24, 2013
By Timothy A. Tosta

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

Jan. 24, 2013
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

Jan. 23, 2013
By Gideon Kanner

Does the freedom of expression trump property rights?


International Law, Family

International divorces rising

Jan. 19, 2013
By Evie P. Jeang

Since the world has become a smaller place due to the Internet and the ease of international travel, the number of transnation...