Civil Litigation, California Supreme Court
The final word: civil law developments in the state Supreme Court
By Joseph M. Lipner , Bj Ard
A closely divided court decided that while the Song-Beverly Credit Card Act prohibits traditional retailers from collecting in...
Civil Litigation, Alternative Dispute Resolution
Mediator-turned-arbitrator: be careful what you wish for
By Steven H. Kruis
As a recent case shows, if a mediator-turned-arbitrator is only authorized to interpret and, if necessary, amend a settlement ...
Health Care & Hospital Law
Legislators should up damages cap to improve patient care
By Bruce G. Fagel
Physicians are far more likely to improve patient care if the Legislature increases the cap on noneconomic damages (adopted in...
Government, Criminal
Why Brown is right to challenge prison order
By Lawrence Waddington
Gov. Jerry Brown has commendably and justifiably challenged a federal court panel order to release inmates of California prisons.
Since most of us will spend almost two-thirds of our life's waking hours in some sort of "work," it's a shame to think of just...
Civil Litigation, Law Practice
When does a demand letter become extortion?
By Timothy D. Reuben
Sadly, a new court ruling affirms the problematic notion that if phrased incorrectly, lawyers can be sued for their words.
The objective of this article and accompanying self-study test is to familiarize readers with the law of bail and O.R. release.
U.S. Supreme Court, Immigration, Criminal
US high court: mandatory deportation not triggered by 'social sharing' of marijuana
By Allison B. Margolin
Last week, the US high court ruled that "social sharing of marijuana" did not justify mandatory deportation because such condu...
Books, Alternative Dispute Resolution
Insights emanate from chronicles of mediation
By Joe W. Hilberman , Jan Frankel Schau
Finding a talented mediator is good fortune. Finding a talented author is good fortune, too. Finding both in the same person i...
Alternative Dispute Resolution
Is disclosure still required if there is no there, there?
By Alan Ribakoff
The California Arbitration Act requires an arbitrator to "disclose all matters that could cause a person aware of the facts to...
Litigation & Arbitration, Civil Litigation, Law Practice
Lawyers lose right to arbitrate despite clear contract terms
By Timothy D. Reuben
When love, law and money intersect, lawyers may lose their right to arbitrate malpractice claims against them. At least that i...
The show created a link between mental and developmental disabilities and gun violence.
Civil Litigation, Intellectual Property, Entertainment & Sports
'Lost' idea-theft claim goes down the hatch
By Jens B. Koepke
The recent California appellate court decision illustrates how hard it actually is to maintain and win an idea-theft claim. ...
Labor/Employment
Health plans get a free-ride roadmap from US high court
By Michelle L. Roberts
Personal injury attorneys who represent injured workers covered by employer-sponsored health plans should be wary. Injured wor...
Law Practice, Judges and Judiciary
Personal injury: survive the changing court environment
By Paul R. Kiesel , Matthew A. Young
One of the most daunting changes is the transfer of all personal injury cases, countywide, to just three specifically designat...
U.S. Supreme Court, Labor/Employment
Imaginary rulings at the US high court
By Eric B. Kingsley
The high court's decision in Genesis Health Care is part of larger trend - a trend to limit procedural rights so that g...
Environmental & Energy
Fact or fiction: apportionment and divisibility under CERCLA
By Earl Hagstrom
Decisions handed down in 2012 have made "divisibility" more difficult to establish as a defense. ...
Environmental & Energy, Administrative/Regulatory
California's Green Chemistry initiative has a long REACH
By Chris M. Amantea
For those companies doing business nationally and internationally, the initiative reach is global. ...
Environmental & Energy
CEQA reform: the 'Lord's Work' or a fool's errand?
By Michelle Ouellette
Approximately 30 bills have been introduced this year in the name of CEQA reform or modernization. But which, if any, of these...
Government, Environmental & Energy
EPA's enforcement of the Clean Air Act: rhyme, reason or random?
By Davina Pujari
The "General Duty Clause" of the CAA has become a major EPA enforcement tool for responding to accidental releases and environ...
Ten years ago, actress and singer Barbara Streisand taught the legal profession a lesson about how the Internet works. Many at...
Letters, Law Practice, State Bar & Bar Associations
Why should lawyers pay for nonlawyers?
By Sheldon Sloan
It boggles my mind to consider the ramifications of licensing nonlawyers.
On April 11, a jury convicted infamous con man Christian Gerhartsreiter for the 1985 murder of John Sohus, despite no direct e...
Intellectual Property, Alternative Dispute Resolution
Challenges in 'soft' intellectual property mediation
By Denise Madigan
Clients in the "soft" IP cases pose special challenges because certain concepts, such as "fair use" and "substantial similarit...
Intellectual Property
Equitable estoppel case out of touch with reality
By Rebecca Clifford
Equitable estoppel is a well-established doctrine, but its fact-specific application often is hard to predict. This is exempli...
Intellectual Property
Patent enablement: What is 'undue experimentation'?
By Audrey A. Millemann
In Cephalon v. Watson Pharmaceuticals, the court held that experimentation is not "undue" even though it is "complicate...
Intellectual Property
New patent office proceedings: preventing collateral damage
By Vernon M. Winters
Although the White House enthused that the AIA would offer new ways to avoid patent litigation, the law of unintended conseque...
Intellectual Property
Don't just patent everything, you need to have a strategy
By Antonia L. Sequeira
Just because something is novel and potentially patentable does not mean that you should expend your technical staff's time an...
International Law, Intellectual Property
Doing business in China? Beware trademark hijackers
By Kimberly A. Eckhart
True or false: If you are not selling your product in China, but merely sourcing or manufacturing there, you cannot be held li...
Intellectual Property
Just when you thought it was safe to revive patent applications again
By Joe Liebeschuetz
If the decision in Exela Pharma v. Kappos is reversed, then the district court will proceed to scrutinize the statutory...