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Labor/Employment

A court concluded that the Pregnancy Disability Leave Law provides additional remedies to employees with pregnancy-related dis...


U.S. Supreme Court, Criminal

Righteous outcome, constitutional hero

Mar. 18, 2013
By Konrad Moore

In prison, using a pencil Clarence Gideon drafted a petition challenging the judge's refusal to appoint him a lawyer - and end...



Alternative Dispute Resolution

Studies show that people have a tendency to overestimate the likelihood of positive events while discounting the possibility o...


Labor/Employment

Like stealing candy from a baby: ERISA offsets

Mar. 15, 2013
By Michelle L. Roberts

Dependent Social Security Disability benefits are neither for a parent's "loss of time" or "loss of income" that should be sub...



Choice of law under the governmental interest approach

Mar. 15, 2013
By Brian S. Kabateck , Douglas A. Rochen

Simply filing a case in California does not automatically mean the applicable legal authority is California.


Tesla, reinventing the car shopping experience

Mar. 14, 2013
By Paul R. Kiesel

When I read the first term in the purchase agreement, I knew I needed to opt out. When I read the second term, I hoped to be a...



Books

Sort through the health and fitness melee

Mar. 13, 2013
By Robert L. Bastian Jr.

Robert Henry provides a great start to finding what works for you in his e-book, "Age Re-Defined: Take Control of Your Health,...


U.S. Supreme Court, Family, Constitutional Law, Civil Rights

What began as a routine surrogate parenting arrangement in Connecticut has sparked a national debate over abortion rights.



Law Practice

Get that man a dog

Mar. 12, 2013
By Timothy A. Tosta

Dogs take you places that you wouldn't ordinarily go and, in so doing, open your awareness, stimulate your curiosity, and lead...


U.S. Supreme Court

Rights, but no remedies

Mar. 12, 2013
By Erwin Chemerinsky

In Clapper, the Supreme Court held that the plaintiffs lacked standing to challenge a secret wiretap because they had n...



U.S. Supreme Court, Securities

On Feb. 27, the U.S. Supreme Court issued an important ruling concerning the statute of limitations for enforcement actions in...


U.S. Supreme Court, Labor/Employment

Voting rights and arbitration at the US high court

Mar. 7, 2013
By Eric B. Kingsley

Last month I took a trip to Washington to hear oral arguments in two cases: American Express v. Italian Colors and S...



Intellectual Property, Government

DOJ revamps trade secret protection strategy

Mar. 6, 2013
By Thomas P. O'Brien , John J. O'Kane IV

Over the past several months there have been some significant developments in connection with federal trade secrets law.


U.S. Supreme Court, Constitutional Law

Methinks Justice Stevens protests too much

Mar. 5, 2013
By Gideon Kanner

In his latest article on Kelo, Justice John Paul Stevens doubles down and purports to tell us in three easy steps why h...



Insurance

Until recently, beyond occasional cases involving notice or cooperation clauses, few decisions addressed other aspects of cond...


Environmental & Energy

Bill to create environmental court lacks specificity

Mar. 5, 2013
By Donald E. Sobelman , Sherry E. Jackman

As presently drafted, SB 123 is a very brief piece of legislation that identifies a conceptual framework for the establishment...



Intellectual Property

Antitrust standing vs. patent standing

Mar. 4, 2013
By Audrey A. Millemann

ScanDisk leaves no doubt that the standing required to bring an antitrust claim based on the fraudulent procurement of ...


But first a caveat: In this, my 210th column, you will be exposed to bursts of effusive praise for one of California's and the...



Attorneys as Witnesses

Mar. 1, 2013
By Mark J. Hancock, Steven D. Wasserman

Lawyers are advocates and counselors, but on occasion they may be called upon to testify for a client. When that happens, ethi...


Intellectual Property

The first inventor to file system comes into effect March 16, bringing the U.S. more closely aligned with the rest of the world.



Corporate

Foreign corporations get better deal upon dissolution

Feb. 26, 2013
By Daniel Lee Jacobson

At the end of the day Greb is unfavorable to California corporations, which can be sued without time constraint after d...


Alternative Dispute Resolution

Finding a formula for settlements

Feb. 22, 2013
By Robert S. Mann

My real purpose isn't really to "model" a mathematical formula to help settle cases - it is to use the concept of a formula to...



U.S. Supreme Court, Criminal, Constitutional Law

Dog sniff ruling doesn't smell so bad after all

Feb. 22, 2013
By Allison B. Margolin

What may at first glance seem like a stake in the heart to the defense bar ultimately may provide us ideas for really challeng...


State Bar & Bar Associations

Although well meaning, these recommendations are at best superfluous; at worst, they will significantly burden students and ne...



Letters, Judges and Judiciary

Diversity concerns fail to acknowledge disabled

Feb. 19, 2013
By Peter A. Lynch

I began reading with great anticipation the article titled "Diversity Lacking on State Bench." However, the piece failed to in...


Labor/Employment, Constitutional Law

Will Obama tackle guns in the workplace?

Feb. 19, 2013
By Daniel H. Handman

Seventeen states have "parking lot" laws that prohibit an employer from banning employees from bringing guns to work, so long ...



Alternative Dispute Resolution

Sunk costs sink settlements

Feb. 15, 2013
By Robert S. Mann

The "sunk-cost effect" can be so powerful as to overcome logic in mediation - much like it did with the Jets' decision to keep...


U.S. Supreme Court, Bankruptcy

Is it permissible for the parties to consent to allowing a bankruptcy court to issue a final judgment that it otherwise would ...



Securities, Government, Administrative/Regulatory

SEC likely to ramp-up private equity scrutiny

Feb. 12, 2013
By Jonathan A. Shapiro

Initially, the SEC has moved deliberately, bringing relatively few of the threatened cases against private equity firms and pe...


U.S. Supreme Court

What do judges do?

Feb. 12, 2013
By Brian M. Hoffstadt

Metrish presents the question whether a decision abolishing the common-law defense of diminished capacity eliminates th...