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Civil Litigation, California Supreme Court

A closely divided court decided that while the Song-Beverly Credit Card Act prohibits traditional retailers from collecting in...


Civil Litigation, Alternative Dispute Resolution

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

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

May 2, 2013
By Lawrence Waddington

Gov. Jerry Brown has commendably and justifiably challenged a federal court panel order to release inmates of California prisons.



Law Practice

Assessing your work life, part 1

May 1, 2013
By Timothy A. Tosta

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?

May 1, 2013
By Timothy D. Reuben

Sadly, a new court ruling affirms the problematic notion that if phrased incorrectly, lawyers can be sued for their words.



Judges and Judiciary, Criminal

Bail and O.R. release

MCLE
Apr. 29, 2013
By Henry J. Hall

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

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

Apr. 27, 2013
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

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

When love, law and money intersect, lawyers may lose their right to arbitrate malpractice claims against them. At least that i...


Law Practice

'Glee' misses the mark in gun episode

Apr. 25, 2013
By Michael Waterstone

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

Apr. 25, 2013
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

Apr. 25, 2013
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

Apr. 24, 2013
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

Apr. 24, 2013
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

Decisions handed down in 2012 have made "divisibility" more difficult to establish as a defense. ...


Environmental & Energy, Administrative/Regulatory

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?

Apr. 23, 2013
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

The "General Duty Clause" of the CAA has become a major EPA enforcement tool for responding to accidental releases and environ...



Law Practice

Beware 'Streisand Effect' in defamation suits

Apr. 20, 2013
By Kenneth P. White

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?

Apr. 19, 2013
By Sheldon Sloan

It boggles my mind to consider the ramifications of licensing nonlawyers.



Criminal

To testify or not to testify

Apr. 19, 2013
By Louis J. Shapiro

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

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

Apr. 18, 2013
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'?

Apr. 18, 2013
By Audrey A. Millemann

In Cephalon v. Watson Pharmaceuticals, the court held that experimentation is not "undue" even though it is "complicate...



Intellectual Property

Although the White House enthused that the AIA would offer new ways to avoid patent litigation, the law of unintended conseque...


Intellectual Property

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

Apr. 18, 2013
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

If the decision in Exela Pharma v. Kappos is reversed, then the district court will proceed to scrutinize the statutory...