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Perspective

Mathis v. United States stands for the proposition that the government always carries the burden of proving that a pr...


Perspective

Self-help discovery?

Jul. 2, 2016
By Irma Rodriguez Moisa

Neither the California Supreme Court nor the 9th U.S. Circuit Court of Appeals has ruled on the issue of so-called "self-help"...


U.S. Supreme Court

The evolution of Justice Kennedy

Jul. 2, 2016
By Eva J. Paterson

On the 13th anniversary of its 2003 decision in the landmark Grutter v. Bollinger, the U.S. Supreme Court finally put...


Perspective

Will consolidating the U.S. food industry's vulnerabilities into centralized and detailed plans create a new and significant w...


Perspective

The court recently rendered an unprecedented opinion in Flores v. City of San Gabriel concerning the regular rate of ...


The Supreme Court correctly held that the Sixth Amendment does not compel Indian tribes to provide counsel to indigent tribal ...


Perspective

Fixing the generic regulatory process

Jul. 1, 2016
By Robin Feldman

If it passes, the CREATES bill will help bring generic drugs to market more quickly. By Robin Feldman ...


Litigation

Much about the recent settlement in the class action against Ticketmaster demonstrates what is wrong with class actions in Cal...


Environmental & Energy

Judge calls on Congress to fix CERCLA

Jul. 1, 2016
By Jeffrey Dintzer

In his final thoughts in a recent concurrence, a 9th Circuit judge writes that "the case law ... has drifted from what Congres...


Supreme Court round up

Jul. 1, 2016
By James Azadian

Earlier this week, the Supreme Court issued its final decisions of the October 2015 term. Here is a look at the major decision...


Ethics/Professional Responsibility

The ethics of investing in a client

Jul. 1, 2016
By J. Randolph Evans, Shari L. Klevens

Cash is king, but alternative forms of payment for legal services are becoming more common. ...


Perspective

In California and numerous other jurisdictions, an insurer may be liable for economic losses, emotional distress, certain atto...


Perspective

What will Brexit mean for IP rights?

Jun. 30, 2016
By Anthony Keats

The withdrawal of the United Kingdom from the European Union will have many consequences for businesses around the globe. By A...


Administrative/Regulatory

FAA final rule doesn't advance drone debate

Jun. 30, 2016
By Mary Ellen Callahan, Laura Fong

On June 21, the Federal Aviation Administration finally issued a final rule regarding the non-hobbyist operations of small dro...


Corporate, Law Practice

Adapting to associate pay bumps

Jun. 30, 2016
By Olga V. Mack

If the cost of first-year salary increases is passed to clients, alternative fee arrangements, regional firms and "offshore" e...


Constitutional Law

Senate Bill 1146 targets students at faith-based colleges and universities by shrinking an existing religious exemption and th...


Intellectual Property

One of the overarching themes to the Supreme Court's review of Federal Circuit cases in the last 15 years is that the Federal ...


Corporate, Mergers & Acquisitions, Securities

In CDX Holdings Inc. v. Fox, the Delaware Supreme Court affirmed the Delaware Court of Chancery's decision that a cla...


Intellectual Property

A lawsuit in federal court seeking a ruling that the song "This Land is Your Land" is the latest in a series of recent copyrig...


Entertainment & Sports, Intellectual Property

All that glitters is gold for Led Zeppelin legend

Jun. 29, 2016
By J. Michael Keyes

Last Thursday a unanimous jury exonerated British rockers Jimmy Page and Robert Plant -- two members of the storied Led Zeppel...


Perspective

In many cases a provisional patent application covering trade secrets should be filed immediately after conception or acquisit...


U.S. Supreme Court

Patent reform increasingly risks deadlock

Jun. 29, 2016
By Andrew C. Whitney

An increasingly fractured community is one force stopping patent reform, and much of the debate has been increasingly driven b...


Perspective

Rewriting law through executive action

Jun. 29, 2016
By Ilya Shapiro

As U.S. District Judge Andrew Hanen wrote back in February 2015, DAPA doesn't merely set deportation priorities, but engages i...


Constitutional Law, Letters

Letter to the editor: Lawyers missed it on Peruta

Jun. 28, 2016
By Charles Nichols

I read the two lawyer's positions on the Peruta v. San Diego concealed carry decision with a kind of sad amusement.


U.S. Court of Appeals for the 9th Circuit

A recent 9th Circuit decision does three things that will significantly impact wage and hour class actions. By Hunter Pyle ...


Appellate Practice

9th Circuit can assist social workers

Jun. 28, 2016
By Polly J. Estes

Social workers should be able to place hospital holds on children without facing suits for Fourth Amendment seizure if a child...


Law Practice

How soon do you need it?

Jun. 28, 2016
By David M. Balabanian

Most client requests reflect a need for immediate help, or what the client thinks is a need for immediate help — which is the ...


State Bar & Bar Associations

Fed up with the State Bar

Jun. 28, 2016
By David Sen-Fu Chiu

As a progressive San Francisco Democrat and a conservative Orange County Republican, we often disagree, but we do agree that t...


Criminal

The admissible record of conviction

MCLE
Jun. 27, 2016
By Gale E. Kaneshiro

Earn MCLE credit reviewing what constitutes part of the record of conviction which is admissible to prove serious felony priors.


Perspective

Welcome to the 3-hour mediation

Jun. 25, 2016
By David Geffen

The tightening of judicial budgets here in California has hit litigants with limited budgets especially hard: The affordabilit...