Intellectual Property, Corporate
Legal issues accompany the benefits of using AI
By Vito Costanzo
[TOP IP] There are some significant legal policy issues raised by the emergence of artificial intelligence technology as it pe...
Civil Litigation, Intellectual Property
The troubling intersection of the DTSA and state caselaw
By Conor Tucker
[TOP IP] Because of a dearth of federal cases on federal trade secret law, courts often use the "similarity" between federal a...
U.S. Supreme Court, Constitutional Law
We need to rein in agency deference
By Anthony T. Caso
The U.S. Supreme Court heard arguments in a recent case concerning the deference courts give to agencies when interpreting the...
Civil Litigation, Government, Administrative/Regulatory
DOJ objecting to class settlements more frequently
By Darren K. Cottriel, Ann T. Rossum
Within the past year, DOJ has objected to proposed class settlements in three consumer cases. These objections demonstrate hei...
Law Practice, Ethics/Professional Responsibility
Western philosophy and attorney-client confidentiality
By Frank H. Wu
It is not enough to be competent with the “black letter” principles. Lawyers will be competent only if they are aware of the ...
Law Practice, Law Office Management
A guide to the first steps of managing your firm’s exposure
By Daniel O'Rielly, Dena Roche
It is a paradox of our practice that our clients — all of them law firms and lawyers who routinely advise, protect and defend ...
Maybe. History might provide a helpful clue.
California should adopt a simple, modern approach that recognizes the new ways that Californians memorialize their end-of-life...
Civil Litigation
Why aren’t there more California below-cost pricing cases?
By Dylan I. Ballard
The Unfair Practices Act is perhaps the broadest such statute in the nation, and far broader than comparable federal laws — ye...
Sometimes, waiving oral argument is what’s best for your client.
Environmental & Energy
Lyndon Johnson’s vision of the (green) Great Society
By Daniel A. Farber
As it turns out, President Johnson’s vision of the Great Society was environmentally oriented from the beginning.
Labor/Employment, Government
Will California pass legislation addressing the Dynamex ruling?
By Benjamin M. Ebbink
When the California Legislature convened in December for the start of the 2019-2020 legislative session, it was clear from the...
Just about nobody I know can spin a tale, poke fun at life and captivate his audience as well as Dick Carroll.
U.S. Supreme Court, Securities
Ruling will encourage SEC to pursue broader theories
By Nicolas Morgan, John Nowak
After a string of high-profile Supreme Court defeats, the SEC finally won one, and it will have ramifications.
Blockchain technology has many potential applications, but it is not without pitfalls and perils, which Primavera de Filippi a...
Government, Constitutional Law
Citizenship question threatens integrity of the census and state funding
By Toni G. Atkins, Anthony Rendon
The Constitution requires a census that is an “actual Enumeration” that counts the whole number of persons in each state. That...
Law Practice
Using resilience tools to maintain high-level performance
By Steven Flannes Ph.D
Left unaddressed, demanding and intrusive forces can hinder cognitive performance and decision-making, increase conflict behav...
Labor/Employment, Entertainment & Sports
WGA’s nuclear option and the Talent Agencies Act
By Rick Siegel
Last week the Writers Guild of America voted, with the support of other major entertainment industry organizations, to require...
Government, Administrative/Regulatory
Facebook and fair housing in 2019
By Gary W. Rhoades
Half a century after becoming law, the Fair Housing Act still holds up as a law to help stop housing discrimination in the int...
No accountability for financial misconduct means no change
By David S. Casey Jr., Jeremy K. Robinson
If the government is unwilling to provide public enforcement, it should at least clear the way for private plaintiffs to take ...
Constitutional Law
Property owners have the right to a fair hearing first
By Damien M. Schiff, Paul Beard
There’s a legitimate debate about how best to balance public coastal access with private property rights. But there should be ...
Constitutional Law
Ruling casts legal shadow on the release of grand jury materials
By John H. Minan
A decision by the D.C. Circuit casts a legal shadow on the release of grand jury materials on the inherent authority theory.
Litigants themselves must request the court to retain jurisdiction to enforce a settlement under CCP 664.6
Labor/Employment
Revisiting public policy regarding employment law
By William M. Crosby
The time is long overdue for legislation to assure workplace fairness through effective civil remedies for such violations. F
The U.S. Senate Finance Committee Chairman Chuck Grassley (R-IA) and Ranking Member Ron Wyden (D-OR) have called on the IRS Co...
Yes, it’s that time of year again. Tax returns are due on April 15 to both the IRS and the California Franchise Tax Board. But...
9th U.S. Circuit Court of Appeals
Some federal claims can be considered simultaneously with state proceedings
By Isaac Rosen
The 9th Circuit recently held that the abstention doctrine does not preclude some federal claims from being considered simulta...
Administrative/Regulatory
California cannabis warnings may once again need a reprint
By Adam D. Brownrout
The California Office of Environmental Health Hazard Assessment is taking public comments on whether cannabis related products...
Entertainment & Sports
Sports venues incorporate communal engagement areas
By Rich Brand, Zak Welsh
The incorporation of communal engagement spaces into an existing or new stadium or arena can be a win-win for teams and venues.
Intellectual Property, Entertainment & Sports
Combating IP infringement on social media: a primer
By Josh Eichenstein
Explore the negative impact of social media on artists — specifically writers, comedians and photographers whose creative mate...