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Perspective

Communication is what it's all about

Oct. 31, 2015
By Robert H. Oliver

Over the course of my career, I have observed several common mistakes made by lawyers and judges, and they always revolve arou...


Ethics/Professional Responsibility

When an unhappy client knocks...

Oct. 31, 2015
By Louie H. Castoria

What to do when a client wants you to replace their former counsel. By Louie Castoria ...


Administrative/Regulatory

Cyber threat info-sharing bill advances

Oct. 31, 2015
By Mary Ellen Callahan, Nancy Libin

The Senate has finally passed CISA, but differences between the bill's versions still need to be reconciled.


Perspective

A recent 9th Circuit decision could have unintended consequences when it comes to securities fraud claims. By Charles Elder, C...


Earlier this month, the U.S. Supreme Court heard arguments in a case that could affect how class actions are litigated. By Cla...


Perspective

Even high tech companies with substantial in-house technical expertise may not be dealing with the most common type of cyber v...


Family

California's dependency courts are in crisis due to inadequate funding of child welfare attorneys. By Jill McInerney


It seems hard to argue otherwise. And yet the IRS makes a point of saying that these instructions aren't actually part of the ...


U.S. Supreme Court

Will the court follow Scalia or Holmes?

Oct. 29, 2015
By Eric B. Kingsley

This week, Justice Anton Scalia will surpass Oliver Wendell Holmes as the 15th-longest serving Supreme Court justice in Americ...


Perspective

No court reporter, no chance on appeal

Oct. 29, 2015
By Jens B. Koepke

A recent decision shows not having a court reporter at trial can doom your appeal. By Jens B. Koepke ...


California Neutrals



Perspective

Reasons why water can be the enemy

Oct. 28, 2015
By Alan N. Nevin

Water can be a source of joy but also puzzlement and problems. By Alan Nevin ...


Perspective

When a decades-old transaction shows up in your case

Oct. 28, 2015
By Wendi J. Berkowitz

Lessons from a case involving decades of complicated M&A transactions. By Wendi J. Berkowitz ...


Intellectual Property

Patent claim construction review post-Teva

Oct. 28, 2015
By Goutham Kondapalli

Earlier this year, the U.S. Supreme Court changed the standard of review for patent claim construction. By Goutham Kondapalli ...


Labor/Employment

PAGA not the panacea wage and hour plaintiffs hoped

Oct. 27, 2015
By Gene F. Williams

Another ruling has been issued that demonstrates that courts are acting to substantially limit the scope and effectiveness of ...


Litigation

A number of changes were made this year to California law affecting civil trial practice. By Chris Micheli ...


Civil Litigation, Judges and Judiciary, Family

Mental health professionals in family law

MCLE
Oct. 26, 2015
By Jaime R. Román

Learn about the professionals' requisite general qualifications, the myriad professionals that may be used, use of professiona...


GC Email

The Supreme Court recently heard oral arguments in a case about whether defendants can moot a class action by making an offer ...


Alternative Dispute Resolution

How to make a mediation effective and get a reasonable settlement.


Perspective

PAGA claims alive and well, for now

Oct. 24, 2015
By Robert S. Cooper

A recent 9th Circuit decision ensures the viability of PAGA actions, but seems at odds with lower court decisions. By Robert S...


Perspective

On Oct. 4, Gov. Jerry Brown signed a law extending the statute of limitations for civil claims brought by trafficking victims....


Perspective

When can courts enhance patent damages?

Oct. 24, 2015
By Ben M. Davidson

The Supreme Court has decided to review the standard for determining willfulllness and enhancing damages in patent cases. By B...


Criminal

Long way to go until 'legal' pot business

Oct. 23, 2015
By Matthew L. Schwartz

But hey, change is in the air. By next November's elections, as many as 10 states are on track to legalize or expand the legal...


Perspective

Shedding light on the nuances of immigration

Oct. 23, 2015
By Kevin R. Johnson

In eight tight chapters, John Tirman's "Dream Chasers: Immigration and the American Backlash" sparks a fresh look at an issue ...


Government

Torture rebuttal fails to convince

Oct. 23, 2015
By C. Dixon Osburn

On Sept. 9, a constellation of former senior CIA officials published the book "Rebuttal" in response to a Senate report critic...


Law Practice, Ethics/Professional Responsibility

Who owns unfinished business?

Oct. 23, 2015
By J. Randolph Evans, Shari L. Klevens

In mergers and firm dissolutions, who has rights to "unfinished business?"


That some of its member states have defaulted to xenophobic politics of the past — the very thing that the EU was created to p...


Military Law, Letters

As an Afghanistan and Iraq veteran, suggesting Sgt. Bowe Bergdahl has been punished enough already is premature. ["Bowe Bergda...


Criminal

Misplaced blame on Prop 47 creates risk

Oct. 22, 2015
By W. David Ball

Voters took a big step in reforming California's criminal justice system last November when they passed Proposition 47. But it...