The Federal Communications Commission defied the facts, flouted the law, and ignored the will of millions of Americans when it...
Securities, Civil Litigation, Corporate, Administrative/Regulatory
Market efficiency in the world of high-frequency trading
By Ex Kano S. Sams II
The recent decisions of several district courts within the 9th Circuit, however, align with the 2nd Circuit's determination th...
Securities, Mergers & Acquisitions, Corporate
New Year's Resolution: Going Public
By Sara L. Terheggen
The key to success is approaching the process realistically and having the strategic foresight to be prepared for changes alon...
U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court
Justices should uphold DNA collection law
By Jayann Sepich
People v. Buza provides an opportunity to ensure that fewer people in the state are convicted of crimes they did not commit an...
Law Practice, Ethics/Professional Responsibility
Attorneys as defendants in 2017
By Kenneth C. Feldman, Alex A. Graft
Catch up on this year's legal malpractice developments.
Law Practice, Ethics/Professional Responsibility
Tips on how to obtain ‘informed written consent’
By Shari L. Klevens, Alanna G. Clair
The question of what constitutes "informed written consent" can be a complicated one, depending on the circumstances.
Tax, Government, Corporate, Administrative/Regulatory
Attorneys: Get up to speed on Tax Cuts and Jobs Act
By Jude Damasco, Julia Damasco, Nicholas Sanchez
Here, we have tried to provide an early and high-level overview of federal income tax issues with which California attorneys s...
Civil Litigation, California Courts of Appeal
A jurisprudential water fight: the mutuality of remedy doctrine
By Joel McCabe Smith
A Court of Appeal recently had to wade into and adjudicate what was both a literal and a figurative jurisprudential "water fig...
U.S. Supreme Court, Criminal, Civil Rights
The killing of Daniel Shaver
By Melanie P. Ochoa, Adrienna Wong
Two weeks ago, body camera footage of the police killing of Daniel Shaver flooded news outlets across the country, along with ...
Year in Review Column, U.S. Supreme Court, Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals
Courts provide clearer attorney fees rules
By Mark C. Goodman, Brandon P. Rainey
We are seeing a current trend in how attorney fees requests are being handled by federal courts, resulting in more defined rul...
Year in Review Column, U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court, California Courts of Appeal, 9th U.S. Circuit Court of Appeals
9th Circuit reversed, again, on habeas review
By Lawrence Waddington
The U.S. Supreme Court ended the year with yet another 9th U.S. Circuit Court of Appeals reversal. The high court overturned a...
Civil Litigation, Construction, California Courts of Appeal
Court broadly interprets ‘ongoing operations’ of additional insureds
By Tiffany Casanova
A California Court of Appeal broadly interpreted what an insurer classified as an "ongoing operations" endorsement and emphasi...
Letters, Judges and Judiciary
Recusal story should have included full judicial complaint process comment
By Teri L. Jackson
It is with extreme rarity that I, as presiding judge of the San Francisco County Superior Court, would respond with displeasur...
Down the PAGA hole: Guidance needed as claims go up
By Gene F. Williams
With an ever increasing number of California employers requiring employees to sign arbitration agreements that include class a...
Ethics/Professional Responsibility
Judges and Blogging: An Ethical Minefield
A recent decision from the Ninth Circuit highlights the problem when a judge participates in social media.
Year in Review Column, U.S. Supreme Court, Civil Litigation, Intellectual Property, Corporate, Appellate Practice
Where did all the patent trolls go?
By Christian E. Mammen
For much of the last several years, the "patent troll problem" dominated trade-publication discussions of patent law. But the ...
Year in Review Column, U.S. Supreme Court, Civil Litigation, Corporate, California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals
Procedural rules drive class action case law
By Christopher J. Lovrien, Jason C. Wright
This past year both plaintiffs and defendants had something to celebrate.
Year in Review Column, Civil Litigation, Intellectual Property, Entertainment & Sports, Corporate
Trademarks, free speech and cannabis
By Jane Shay Wald
In 2017, the Supreme Court ruled for the first time that the First Amendment precluded the Patent Office from refusing regist...
Year in Review Column, Labor/Employment, Government, Corporate, Administrative/Regulatory
Predictive scheduling laws are spreading
By Gary M. McLaughlin, Stephanie P. Priel
Laws combatting unpredictable scheduling practices may be the next wave of wage and hour regulation.
Tax, Government, Corporate
Tax overhaul bill could make it to Trump’s desk this week
By Phil Jelsma
The Senate passed the Republican tax reform bill, the Tax Cuts and Jobs Act, early Wednesday morning. The House is expected to...
Government, Administrative/Regulatory
Return of the light-touch ISP regulation
By Bennett L. Ross
Late Friday the legislative branch released its conference tax reform bill, The Tax Cuts and Jobs Act, for which voting is set...
Government, Corporate, Administrative/Regulatory, Government, Corporate, Administrative/Regulatory
Chairman Grinch delivers princely gift to ISPs
By Anita Taff-Rice
Ajit Pai, chairman of the Federal Communications Commission, may come to be known as Chairman "the Grinch" Pai for leading the...
Tax, Government, Corporate, Administrative/Regulatory
Tax Cuts and Jobs Act appears poised to become law
By Megan Lisa Jones
Late Friday the legislative branch released its conference tax reform bill, The Tax Cuts and Jobs Act, for which voting is set...
Tax, Government, Family
Divorced, divorcing couples have reason to fear proposed tax law
By Jeffrey P. Blum
A little publicized provision in the proposed tax bill will dramatically affect many divorced or divorcing couples.
Civil Litigation, Law Practice
Substituting out when your client is a minor
By Thomas E. Wall
When the client is a minor, the rules are very different and may even cause one to be unable to be relieved from representation.
We lawyers spend a good chunk of our waking hours writing stuff. We write briefs, letters, emails -- you name it. So it's wort...
U.S. Supreme Court, Civil Litigation, Ethics/Professional Responsibility, Criminal, Constitutional Law, California Supreme Court
Batson/Wheeler objections to peremptory challenges
By Gregory L. Prickett
The objective of this article and self-study test is to review the law regarding objections to the use of peremptory challenge...
Civil Litigation, Entertainment & Sports, Contracts, California Courts of Appeal
Incontestability clauses and profit participation claims
By David A. Klein
The 2nd District Court of Appeal ruled earlier this year that profit participants could not rely on the discovery rule to brin...
Ethics/Professional Responsibility, Contracts, California Courts of Appeal, Appellate Practice
Beware boilerplate settlement agreement language
By Carey L. Cooper
A cautionary tale on the perils of "plugging in" those standard settlement terms when more careful drafting is warranted.