For a time, it seemed that 9th Circuit might make the circuit split on ascertainability so stark that the U.S. Supreme Court w...
Perspective
Cert denial leaves in place hostile-to-business decision
By William H. Weissman
What a recent California Supreme Court decision means from a political perspective is that the desire of the state to extract ...
The legislation, motivated in response to the 2015 balcony collapse in Berkeley, passed the Assembly and Senate with bipartisa...
Law Practice
California's uniform parentage laws bear little resemblance to original act
By Deborah H. Wald
Amendments to Family Code Section 7613 clarifies that a man or woman's parenting "intentions" determine whether he or she is a...
GC Email
Decision sharpens the teeth on an insurer's duty to settle
By Benjamin R. Fliegel
Where a primary insurer rejects a reasonable settlement demand within its policy limits, a recent case holds that it can be li...
On Oct. 6, the California Supreme Court heard oral argument in a case that, while seemingly far removed from the insurance fie...
California Supreme Court
Attorneys should support State Bar's special assessment
By Edward J. Mcintyre
Who wants to receive a dues bill? Honestly, none of us. But unless the California Supreme Court grants the State Bar's petitio...
Law Practice, Ethics/Professional Responsibility
Don't let your firm's digital assets walk out the door
By J. Randolph Evans, Shari L. Klevens
Whether it is a laptop, smartphone, tablet or some combination of those, attorneys' use of and dependency on these items raise...
Law Practice, Judges and Judiciary, Ethics/Professional Responsibility
Walking the thin zealous, ethical advocacy line
By Michele Trausch
Although there are fine ethical lines between the competing responsibilities of zealous advocacy and dishonesty -- fortunately...
Perspective
How to take an effective deposition
Deposition taking is a primary skill of most civil-practice lawyers. On the surface it appears simple and straightfor...
If you live or do business in California, state taxes are a big piece of what you pay. When you add the state's notoriously ag...
Photos of Pokémon alongside Mickey Mouse or Marilyn Monroe will create new and interesting trademark and copyright issues for ...
On Sept. 8, 2015, President Obama nominated Clare Connors, who has served as an assistant U.S. attorney for seven yea...
As we approach the November election, we find ourselves compelled to consider the clowns. And no, not either of the candidates...
If the California Supreme Court orders active California lawyers to fund some State Bar activities during the next year, those...
Lawsuits such as the one filed by Kerrie Campbell against Chadbourne & Park highlight the most important systemic and endu...
Government, Administrative/Regulatory
CFPB ruling ignores decades of Supreme Court precedent
By Erwin Chemerinsky
It was a stunning exercise of conservative judicial activism for the D.C. Circuit to declare unconstitutional a key provision ...
Once again, drone regulation legislation was a hot topic in the California Legislature, but the governor again voiced concerns...
Insurance companies have the right, and indeed the duty, to thoroughly investigate claims. And more and more often these days,...
Entertainment & Sports
A new way to revive a suspended corporation?
By Neville L. Johnson, Douglas L. Johnson
Recently, a 9th Circuit panel allowed a third-party beneficiary to bring an action even though the promisee corporation was su...
Although the court was right to reject the claim that a dreadlock-banning dress code must be discriminatory, the prevalence of...
U.S. Supreme Court, Intellectual Property
Lee v. Tam: a closer look
By Ben M. Davidson
Because refusing to register trademarks based on the message they convey amounts to viewpoint discrimination, it would not be ...
A leading politician recently complained that the laws had grown so numerous and complex that law students could not master th...
The current felony pimping charges leveled by Attorney General Kamala Harris against the CEO of online advertising website Bac...
U.S. Supreme Court
Standing to defend a ballot initiative
Proposition 60 will be on the Nov. 8 ballot in California, and it attempts to give its proponent standing in two ways, though ...
This coming Dec. 1, the word limit for briefs filed in federal appeals courts will be reduced — from 14,000 words down to 13,0...
Riverside County Commissioner Greg Olson makes an effort to relate to drug offenders.
In a move that caught some observers by surprise, Gov. Jerry Brown signed Assembly Bill 1785 last month that will effectively ...
Alternative Dispute Resolution
5 mediation rules you can't do without
By Robert S. Mann
At the risk of sounding like one of those hyperbolic sponsored internet sites "Five Reasons Why Your Body Needs Cottage Cheese...
It is bad enough that you have to pay your own taxes, let alone someone else's! Yet sometimes, the Internal Revenue Service ca...