California Supreme Court, Administrative/Regulatory
Ruling further erodes property rights
Last week, the California Supreme Court ruled against two Encinitas homeowners who challenged the California Coastal Commissio...
What have we learned about Justice Neil Gorsuch from his first 90 days on the bench? Hint: There are few surprises.
Corporate, Transportation
Selling vehicles in Tomorrowland
There are certain things that come around every once-in-a-while that change life as we know it. And now there is Uber. By Jona...
Dave Mullins and Charlie Craig walked into a bakery for a wedding cake. Jack Phillips, owner of Masterpiece Cakeshop, then wal...
Intellectual Property, Corporate
Equity compensation is about retention
The reality is that for most employees at most companies, a sale of the company may mean a new car or a down payment on a new ...
Corporate
Franchisors will need to adjust their methods when accounting for franchise fees either this year or next, depending on whethe...
Mergers & Acquisitions, Securities, Corporate
IPOs: people, planning and critical path items
Once a company has determined an IPO is the right choice for them and have implemented the necessary steps to prepare for beco...
9th U.S. Circuit Court of Appeals, Civil Litigation, Intellectual Property
Brand owners rejoice at Google ruling
The 9th Circuit recently held that "verb use [of a trademark] does not necessarily constitute generic use."
Constitutional Law, U.S. Supreme Court
Giving offense is a viewpoint
The "disparagement clause" in Section 2 of the Lanham Act violates "bedrock" First Amendment principles and is therefore facia...
Real Estate/Development, Construction, Probate
California contractors: Protecting assets from lawsuits
Since 1970, California law has granted California residents substantial protection for their assets from legal claims of credi...
Environmental & Energy, Administrative/Regulatory
What we can learn from Trump's EPA budget
The approximately 31 percent proposed cut from current spending levels is a staggering figure for any institution, public or p...
U.S. Supreme Court, Constitutional Law
SEARCH WARS: Return of the Judiciary
Whereas the first two articles looked at the present and the past, respectively, this article looks to the future by asking ho...
U.S. Supreme Court, Constitutional Law
SEARCH WARS: The Fifth Amendment Strikes Back
If the U.S. Supreme Court defined privacy in terms of what protects our personhood, it would obviate an inquiry into the wheth...
Constitutional Law, U.S. Supreme Court
SEARCH WARS: A New Hope for Definitional Clarity
A long time ago, in a courtroom far far away, a disturbance in the Fourth Amendment first manifested itself. ...
Law Practice
Don't let conflicts of interest get you down
After working hard to bring in a new client or matter, the prospect of losing the client or matter because of conflicts is dif...
Civil Litigation, Judges and Judiciary
The Special Verdict Paradox: Part II
Is there a way that a rational civil jury can find on a special verdict form that a plaintiff has proven all the elements of a...
Judges and Judiciary, Law Practice, Civil Litigation
The Special Verdict Paradox: Part I
If a jury finds that a civil plaintiff has proven each element of its claim, does it necessarily follow that the plaintiff has...
Civil Rights
Third-party standing as an ADA accommodation on appeal
Because there are never any appeals by people with disabilities in limited conservatorship proceedings, appellate judges have ...
Law Practice
Knock knock! State Bar special master at your door
Since 1979, a select group of hand-picked individuals from the State Bar's Special Master's List have been responsible for car...
Civil Rights
As currently written, two bills in the U.S. Senate would only apply to state projects intended to improve guardianship and abu...
Civil Rights
Access to Justice: E(quality) = MC410
All attorneys should be aware that federal law requires government entities and businesses to provide reasonable accommodation...
9th U.S. Circuit Court of Appeals, Environmental & Energy, Administrative/Regulatory
Rulings impact sustainable food movement
Earlier last month, the 9th Circuit issued three opinions that together addressed whether counties in Hawaii are preempted fro...
U.S. Supreme Court
Vagueness challenges are in vogue
A recent Supreme Court case striking down a law as unconstitutionally vague has quickly become the most frequently cited case ...
Civil Rights
Disability awareness all day, every day
For judges and attorneys who interact with litigants who have cognitive disabilities, every single day must be disability awar...
Civil Rights
Delay and denial of voting rights in California
In the meantime, some 32,000 people with disabilities in California will be kept from the polls in November. By Thomas F. Cole...
Constitutional Law, Criminal
A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...
Constitutional Law, U.S. Supreme Court
Don't let technology leave privacy behind
A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...
Constitutional Law, Criminal
Don't back government-sanctioned hacking
Congress should support the Stopping Mass Hacking Act and encourage legislative and public scrutiny of remote access searches ...
Civil Litigation
How much money do you want?
If there were an Oscar awarded to the most overlooked provision in the California Code of Civil Procedure, it might go to Sect...
Civil Litigation, Judges and Judiciary
To the dictionary ... and beyond!
Is there a way for a judge to "look up" the ordinary meaning of a word in a statute other than by using a dictionary? The acad...