Securities, Corporate, Constitutional Law, Administrative/Regulatory
SEC ALJs continue to draw scrutiny
By Thomas A. Zaccaro, Nicolas Morgan
While early constitutional challenges to the SEC's use of in-house judges appeared promising for respondents, more recent deci...
Education
Vergara facts meet the test
The California Supreme Court has the opportunity to safeguard the rights of millions of schoolchildren if it agrees to hear th...
Litigation
Lawyers often need information and help from third-party witnesses over whom they have no power and who have no reason to coop...
Civil Litigation, Law Practice
Prosecutors-turned-defense lawyers: a primer
By Carolyn F. Mcniven
The move into private practice as a defense attorney requires a change in attitude. Here are some things I wish I knew when I ...
Insurance
High court to weigh in on 'other insurance'
The 2nd Circuit recently certified two issues to the California Supreme Court which could have a significant and long-lasting ...
Constitutional Law
Local police power-based mobile billboard bans are legal in California so long as the restrictions don't regulate viewpoint. B...
Environmental
Air board proposes amendments to cap-and-trade program
The release of this extension and amendment package is happening concurrently with a long-running legal challenge against the ...
A recent decision gives additional life to the doctrine after its scope was limited by the state Supreme Court in 2007.
Perspective
Bar might follow ABA on attorney-client sex rules
The State Bar of California is considering new rules that prohibits sex with clients unless it is consensual and pre-dates the...
Appellate Practice
Superior brief writing doesn't always win the day
Every litigator is familiar with the experience of receiving a brief from the other side that is — to speak bluntly — garbage....
Intellectual Property
Farewell bare bones patent complaints
Seven months after the new rules took effect requiring plaintiffs to plead specific facts to support a direct infringement all...
Civil Litigation, Intellectual Property
What's on deck for IP at the high court
By Michael Hawes, Bryant C. Boren Jr.
The Supreme Court's changes to the IP landscape over the past several years have left patent and copyright holders with assets...
Labor/Employment
Bill threatens choice of law, venue provisions
Out-of-state companies doing business in California would be well-advised to look closely at Senate Bill 1241. By Christine Sa...
Ethics/Professional Responsibility
The State Bar is in the midst of developing comprehensive amendments to the rules, which were last fully revised in 1987. By L...
Perspective
Ruling is an important lesson for CalPERS employers
A Court of Appeal decision is a reminder to ensure that all employee base salaries are reported on a "publicly available pay s...
Perspective
FTC remains committed as ever to challenging deals
Half way into 2016, it is clear that the Federal Trade Commission and Department of Justice Antitrust Division is as committed...
Constitutional Law
Does government regulation of a distinctive ethnic and cultural food item — shark fin soup — amount to unconstitutional race-b...
Administrative/Regulatory
HIPAA enforcement reaches historic level
By Mary Ellen Callahan, David P. Saunders
In the first half of the year, regulators collected more than $9 million in HIPAA fines, a number that surpasses the previous ...
The Supreme Court did not address arguments related to the contracts clause and bankruptcy clauses of the Constitution in the ...
Supreme Court commentator Dahlia Lithwick said it best, "This is Anthony Kennedy's world and we are all just living in it."
Appellate Practice
Successful oral arguments require a little clairvoyance
By Myron Moskovitz
Oral argument gives you an opportunity to discover what concerns the judges, so instead of covering all the arguments in your ...
Intellectual Property
Biotech's hopes for answers dashed by the Supreme Court
For much of 2016, many in the biotech industry hoped that the court would revisit the issue — and presumably modify the standa...
Administrative/Regulatory
Federal Circuit clarifies the 'on-sale bar'
A recent ruling overturns an earlier panel decision that made waves by invalidating two pharmaceutical patents under the on-sa...
A recent decision ratifies a rule that had been percolating through the district courts for some time. By Sebastian Kaplan
Law Practice
How was the Fenugreek?
We can learn a lot from internet restaurant reviews when it comes to our legal memos and opinions. By David M. Balabanian
Administrative/Regulatory
SB 837: It's cannabis, not marijuana
Regulation of California's medical marijuana industry is here, and new state laws are establishing a slew of unprecedented cha...
Perspective
Keep clients out of data breach headlines
Lessons learned from recent data breach litigation about employee personal information. By Nabeel Ahmad
Corporate
The most successful startup businesses stay abreast of the expanding options for raising funds. By Murray Indick and Mark Thom
It can depend on numerous variables. Does it amount to a compensatory recovery for physical injuries or physical sickness (tax...
Perspective
Eradicate pay inequality in your firm
Gender disparities continue to plague law firms, yet pay discrimination claims against law firms are relatively rare. By Jeffr...