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U.S. Supreme Court, Constitutional Law

A court'spower toimposesanctions

Apr. 21, 2017
By Erwin Chemerinsky

On Tuesday, the U.S. Supreme Court reaffirmed that federal courts can impose sanctions on parties and lawyers - but it limited...


Ethics/Professional Responsibility

Attorney addiction: Don't look the other way!

Apr. 21, 2017
By Jonathan A. Goldstein

"The first thing we do, let's kill all the lawyers." Shakespeare's chilling words ring true but for a different reason: Instea...


Ethics/Professional Responsibility

Ethics when the feds come knocking

Apr. 21, 2017
By J. Randolph Evans, Shari L. Klevens

It is becoming increasingly common for attorneys, no matter their area of expertise, to have to deal with law enforcement on b...


Civil Litigation, Insurance

Proving attorney fees in insurance coverage disputes

MCLE
Apr. 21, 2017
By Kirk A. Pasich

One question that typically arises when an insured seeks to recover fees is: What "proof" must an insured offer regarding the ...


Administrative/Regulatory

Trump administration's Fintech policy remains unclear

Apr. 20, 2017
By Jeff Steiner, Sean Sullivan

Their policy positions on financial technology, including the use of distributed ledger technology such as the blockchain, rem...


Criminal, Administrative/Regulatory

Bill would restrict pot edible packaging

Apr. 20, 2017
By Shabnam Malek, Amanda R. Conley

AB 175 would require edible cannabis manufacturers to submit all packaging and labels to the Bureau of Marijuana Control for ...


U.S. Supreme Court

Will court upend patent venue rules?

Apr. 20, 2017
By Jeffrey M. Fisher, Nadia C. Arid

Last month, the U.S. Supreme Court heard oral argument in a case that could be a turning point for current forum shopping tren...


GC Email

Municipal bond scrutiny likely to continue

Apr. 20, 2017
By Jessica Nall

A city's management of municipal securities and capital-raising activities now carries the risk of criminal liability. By Jess...


Tax

Protecting IP from taxes is tougher than you think

Apr. 19, 2017
By Mary F. Voce, Pallav Raghuvansh

It's harder than it used to be for startup technology companies to avoid taxes on their intellectual property.


Intellectual Property, Administrative/Regulatory

Using IP to fight student loan scams

Apr. 19, 2017
By Michelle H. Donovan

Combating student loan scams online has an unlikely ally -- intellectual property. These student loan scams often target stude...


Government

Opioid crisis needs coordinated response

Apr. 19, 2017
By Mary Bono

There has been a lack of coordinated effort to keep powerful drugs out of the hands of those who don't need them, while making...


Intellectual Property, Government

Who should own CRISPR? Nobody

Apr. 19, 2017
By Michael B. Eisen

A dispute over who controls the rights to this powerful gene-editing technology shows how the Bayh-Dole Act is no longer about...


GC Email

Additional hurdles for nonexempt employees on commission

Apr. 19, 2017
By Sandra L. Rappaport

Nonexempt employees who work on commission or piece-rate must receive an additional, separate compensation for rest breaks and...


Government

Homelessness: the paralysis of principles

Apr. 19, 2017
By Joseph F.C. DiMento

A better path forward is to acknowledge we will never fully eliminate homelessness and ask how we can improve conditions not j...


Judges and Judiciary

Courts must create viable careers for interpreters

Apr. 19, 2017
By Camille T. Taiara

California's trial courts are precipitating an avoidable crisis in language access services by continuing to subject staff int...


Judicial Profile

Kevin Brown

Apr. 19, 2017
By Arin Mikailian

Los Angeles County Superior Court Judge Kevin Brown uses families, support programs, and sometimes 'a little fear' to help kee...


Administrative/Regulatory

New FCC economic analysis office raises concerns

Apr. 18, 2017
By Anita Taff-Rice

FCC Chair Ajit Pai's plan to create a new Office of Economics to focus on economic analysis geared to achieve a predetermined ...


U.S. Supreme Court, Criminal, Constitutional Law

There is an ongoing court battle between Los Angeles County Sheriff Jim McDonnell and the Association of Los Angeles Deputy Sh...


Tax

Haven't filed your taxes yet?

Apr. 18, 2017
By Robert W. Wood

This year, individual tax returns are due on Tuesday, April 18 — not last Saturday, April 15. If you haven't filed yet, should...


Government

Defense innovation under the Trump administration

Apr. 18, 2017
By Brian E. Sweeney

Once the new administration sets its sights on innovative commercial technologies for defense uses, there should be plenty of ...


Civil Litigation, California Supreme Court, Appellate Practice

Case will test standing of settlement objectors

Apr. 18, 2017
By Julia B. Strickland, Marcos D. Sasso

In a pending case, the state high court is mulling over whether an unnamed class member must first intervene, rather than simp...


Constitutional Law, 9th U.S. Circuit Court of Appeals

Don't buy my product!

Apr. 18, 2017
By Cory L. Andrews

The First Amendment protects the right to not speak, as much as it protects the right to speak, argues beverage manufacturers ...


Books

How American law can make mothers legal targets

Apr. 17, 2017
By Linda C. Fentiman

In her new book "Blaming Mothers," law professor Linda Fentiman explores how pregnant women are stripped of their right to mak...


U.S. Supreme Court, Law Practice, Constitutional Law

The elephant in the originalism room

Apr. 17, 2017
By Dan Lawton

I am no constitutional lawyer, but even I know that originalism depends on a large conceit. The conceit is that we can rightly...


Judicial Profile

Jeffrey Harkavy

Apr. 17, 2017
By Arin Mikailian

Superior Court Commissioner Los Angeles County (San Fernando) ...


Appellate Practice

Statement of Facts: Part I

Apr. 17, 2017
By Myron Moskovitz

Don't burden the appellate judge with every date or fact — stick to what matters in the appeal.


Ethics/Professional Responsibility

When judges are behaving badly, don't forget the CJP

Apr. 15, 2017
By Jonathan A. Goldstein

The Commission on Judicial Performance is only a complaint form away if a judge is treating you or your client unfairly. By Jo...


Law Practice

Some fee fights simply mean more litigation

Apr. 15, 2017
By Ken Moscaret

Defense arguments that ask a judge to disallow the majority of a winning plaintiff's claimed fees often fly in the face of rea...


Administrative/Regulatory

California is bound to play an integral role in spurring continued state-by-state legalization and in chipping away at federal...


Judges and Judiciary

De-unifying California's integrated bar

Apr. 14, 2017
By Mark L. Tuft

Relegating the proactive functions of the organized bar to a voluntary bar association might endanger the State Bar's most imp...