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California Supreme Court, Administrative/Regulatory

Last week, the California Supreme Court ruled against two Encinitas homeowners who challenged the California Coastal Commissio...


U.S. Supreme Court, Government

90 days of Neil

Jul. 10, 2017

What have we learned about Justice Neil Gorsuch from his first 90 days on the bench? Hint: There are few surprises.



Corporate, Transportation

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...


Constitutional Law, Civil Rights

Dave Mullins and Charlie Craig walked into a bakery for a wedding cake. Jack Phillips, owner of Masterpiece Cakeshop, then wal...



Intellectual Property, Corporate

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 ...


Franchisors will need to adjust their methods when accounting for franchise fees either this year or next, depending on whethe...



Mergers & Acquisitions, Securities, Corporate

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

The 9th Circuit recently held that "verb use [of a trademark] does not necessarily constitute generic use."



Constitutional Law, U.S. Supreme Court

The "disparagement clause" in Section 2 of the Lanham Act violates "bedrock" First Amendment principles and is therefore facia...


Real Estate/Development, Construction, Probate

Since 1970, California law has granted California residents substantial protection for their assets from legal claims of credi...



Environmental & Energy, Administrative/Regulatory

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

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

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

A long time ago, in a courtroom far far away, a disturbance in the Fourth Amendment first manifested itself. ...



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

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

If a jury finds that a civil plaintiff has proven each element of its claim, does it necessarily follow that the plaintiff has...


Because there are never any appeals by people with disabilities in limited conservatorship proceedings, appellate judges have ...



Since 1979, a select group of hand-picked individuals from the State Bar's Special Master's List have been responsible for car...


As currently written, two bills in the U.S. Senate would only apply to state projects intended to improve guardianship and abu...



Civil Rights

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

Earlier last month, the 9th Circuit issued three opinions that together addressed whether counties in Hawaii are preempted fro...



U.S. Supreme Court

A recent Supreme Court case striking down a law as unconstitutionally vague has quickly become the most frequently cited case ...


Civil Rights

For judges and attorneys who interact with litigants who have cognitive disabilities, every single day must be disability awar...



In the meantime, some 32,000 people with disabilities in California will be kept from the polls in November. By Thomas F. Cole...


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

A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...


Constitutional Law, Criminal

Congress should support the Stopping Mass Hacking Act and encourage legislative and public scrutiny of remote access searches ...



Civil Litigation

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

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...