Perspective
Justices appear to seek limiting principle in FCA case
By Matthew W. Turetzky
On Tuesday, the U.S. Supreme Court heard oral argument in a case that has the potential to change the pervasiveness and cost o...
Civil Litigation, Law Practice, Ethics/Professional Responsibility, Alternative Dispute Resolution
Mediation confidentiality still uncertain
By A. Marco Turk
Cassel v. Superior Court (2011) supposedly settled the issue of mediation confidentiality in California. Of course, it ...
Perspective
Federal Circuit limits estoppel's reach, but extent not yet known
By Matthew I. Kreeger
In a pair of decisions issued in March and April, the Federal Circuit limited what was thought to be the extremely broad reach...
Intellectual Property, Entertainment & Sports
Suit may leave jurors dazed and confused
By Deborah Drooz
This year's most talked-about music infringement case, Skidmore v. Led Zeppelin, hinges on the same copyrightability issue and...
Law Practice, Ethics/Professional Responsibility
Bar switches up theories in fee dispute case
By Samuel C. Bellicini
The State Bar inexplicably retreated from its winning argument, and made a new argument at the 9th Circuit in a recent case in...
An open letter to the California Supreme Court on deunification and compliance with federal law. ...
Perspective
Mayor Lee expected to sign new parental leave ordinance
By Michelle Barrett Falconer
On April 12, the San Francisco Board of Supervisors passed what has been dubbed the Paid Parental Leave ordinance, continuing ...
As California's laws change, firms must be ever vigilant in their compliance efforts. By Garret Fahy ...
The U.S. Environmental Protection Agency has selected new national enforcement initiatives that will direct inspection and enf...
Patrick Murphy and John Carnevale recently completed a report that explores the approach Washington and Colorado have taken to...
Administrative/Regulatory
Turning point for marijuana regulation in California?
By Ryan Lowther
The landscape of 2016 looks a lot different than the landscape of 2010. By Ryan Lowther ...
U.S. Supreme Court
US Supreme Court will consider class certification appellate jurisdiction
By Sonya D. Winner
May a plaintiff whose effort to obtain class action treatment is rejected obtain immediate appellate review of that decision s...
Perspective
Resale Royalty Act decision is a defeat for fine artists
By Melissa K. Dagodag
A federal court in California recently held that that the California Resale Royalty Act is preempted by federal copyright law....
U.S. Supreme Court, Constitutional Law
Attacks on minority voting will continue
By Charles S. Doskow
The U.S. Supreme Court's recent decision sustaining the use of total population as the basis for apportionment of legislative ...
The U.S. Supreme Court recently declined to hear a challenge to the Securities and Exchange Commission's use of its in-house j...
Constitutional Law, California Supreme Court
Where does the right to obtain evidence prior to trial fall?
By Brian M. Hoffstadt
Harmonizing competing legal rights is a little like playing the card game "War": Whichever card or right has the highest rank ...
A Delaware court recently considered disclosure obligations of the general partner of a limited partnership where the limited ...
Political junkies and "House of Cards" fans across the country are salivating at the possibility of an "open" Republican Natio...
Civil Litigation, Labor/Employment, Alternative Dispute Resolution
Uber arbitration unquestionably unenforceable
By Chris D. Baker
The big question on appeal in the ongoing Uber litigation is whether the trial judge was right to find Uber's mandatory arbitr...
Education
Vergara reversed: Reform requires funding, not making teachers at-will
By Catherine L. Fisk
Professor Catherine L. Fisk gives her take on the recent decision in California's landmark teacher-tenure case. ...
Perspective
Vergara reversed: Unions can now rejoice at the expense of our children
By Michele M. Goldsmith
Attorney Michele M. Goldsmith gives her take on the recent decision in California's landmark teacher-tenure case. ...
One of the government's principal sources of financial recovery is at risk in a case the U.S. Supreme Court will hear oral arg...
My guest column "Veterans, disabled lacking on the bench" (April 14) was written based on data obtained from the governor's of...
Appellate Practice
Oral argument: if not necessary, waive it goodbye
By Myron Moskovitz
Here's how most diligent lawyers deal with oral argument.
Administrative/Regulatory
Efforts to rein in Proposition 65 abuse have gone awry
By Thomas H. Clarke
The lofty goal of Proposition 65 was to incentivize manufacturers, importers, distributors, wholesalers and retailers to refor...
Environmental
Grizzly ruling highlights rise in bear mortality rates
By Andrea Santarsiere
Last month, a judge ruled that the U.S. Fish and Wildlife Service got it wrong when it failed to consider the broader conseque...
The Supreme Court left some questions unanswered in a recent case — questions that may have greater significance for the rest ...
When Alameda County approved a moratorium on juvenile probation fees, it became the first in the state to hit the pause button...
In the context of resolving cases at mediation, the rules of the dance are these: Every dance must start with a demand. Every ...
California Supreme Court
Applying provisional remedies without waiving arbitration
By Todd B. Scherwin
Recently, the California Supreme Court unanimously held that a clause in an arbitration agreement permitting a party to seek p...