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Perspective

Who's in the 'ascertainable' putative class?

Oct. 22, 2016
By Rick L. Shackelford

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

Oct. 22, 2016
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 ...


Perspective

The legislation, motivated in response to the 2015 balcony collapse in Berkeley, passed the Assembly and Senate with bipartisa...


Amendments to Family Code Section 7613 clarifies that a man or woman's parenting "intentions" determine whether he or she is a...


GC Email

Where a primary insurer rejects a reasonable settlement demand within its policy limits, a recent case holds that it can be li...


Litigation

Are defense bills sent to insurers privileged?

Oct. 21, 2016
By Erica Villanueva

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

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

Oct. 21, 2016
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

MCLE
Oct. 21, 2016
By Michele Trausch

Although there are fine ethical lines between the competing responsibilities of zealous advocacy and dishonesty -- fortunately...


Perspective

Deposition taking is a primary skill of most civil-practice lawyers. On the surface it appears simple and straightfor...


Tax

California's scary tax limitations period

Oct. 20, 2016
By Robert W. Wood

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...


Perspective

Augmented reality serves up unique IP challenges

Oct. 20, 2016
By Anjali Moorthy

Photos of Pokémon alongside Mickey Mouse or Marilyn Monroe will create new and interesting trademark and copyright issues for ...


Perspective

On Sept. 8, 2015, President Obama nominated Clare Connors, who has served as an assistant U.S. attorney for seven yea...


Constitutional Law

Clowning around with the First Amendment

Oct. 20, 2016
By Jordanna Thi

As we approach the November election, we find ourselves compelled to consider the clowns. And no, not either of the candidates...


Law Practice

High court must support access to justice

Oct. 20, 2016
By Jack W. Londen

If the California Supreme Court orders active California lawyers to fund some State Bar activities during the next year, those...


Large Firms

Litigation's role in changing law firm culture

Oct. 20, 2016
By Lucy B. Ricca

Lawsuits such as the one filed by Kerrie Campbell against Chadbourne & Park highlight the most important systemic and endu...


Government, Administrative/Regulatory

It was a stunning exercise of conservative judicial activism for the D.C. Circuit to declare unconstitutional a key provision ...


Perspective

Keeping up with the latest drone legislation

Oct. 19, 2016
By Chris Micheli

Once again, drone regulation legislation was a hot topic in the California Legislature, but the governor again voiced concerns...


Insurance

Insurers turn to drones

Oct. 19, 2016
By Robert J. McKennon

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?

Oct. 19, 2016
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...


GC Email

Can you ban a hairstyle from the office?

Oct. 19, 2016
By Richard Thompson Ford

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

Oct. 19, 2016
By Ben M. Davidson

Because refusing to register trademarks based on the message they convey amounts to viewpoint discrimination, it would not be ...


Law Practice

Tunc Pro Nunc

Oct. 18, 2016
By David M. Balabanian

A leading politician recently complained that the laws had grown so numerous and complex that law students could not master th...


Criminal

Backpage arrest next assault on immunity

Oct. 18, 2016
By Daniel T. Rockey

The current felony pimping charges leveled by Attorney General Kamala Harris against the CEO of online advertising website Bac...


U.S. Supreme Court

Proposition 60 will be on the Nov. 8 ballot in California, and it attempts to give its proponent standing in two ways, though ...


Appellate Practice

You don't need 14,000 words

Oct. 18, 2016
By Myron Moskovitz

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...


Judicial Profile

Greg Olson

Oct. 18, 2016
By Arin Mikailian

Riverside County Commissioner Greg Olson makes an effort to relate to drug offenders.


Perspective

Hands off your cellphones

Oct. 15, 2016
By Chris Micheli

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

Oct. 15, 2016
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...


Perspective

On the hook for someone else's taxes?

Oct. 15, 2016
By Robert W. Wood

It is bad enough that you have to pay your own taxes, let alone someone else's! Yet sometimes, the Internal Revenue Service ca...