2011 was the year of captivating criminal cases. We had Dr. Conrad Murray, Casey Anthony and Lindsay Lohan to name a few. 2012...
Insurance
A good decision for reviewing parol evidence and policy Interpretation
By Rex Heeseman
Minkler v. Safeco Ins. Co. of America unanimously declared that the "existence of a material ambiguity in the terms of an insu...
A rent-to-own computer spying case
By Brian S. Kabateck
The Federal Trade Commission, which has a duty to prevent anticompetitive, deceptive or unfair business practices, filed charg...
Labor/Employment
California employers rack up 'wins' in 2012 decisions
By David B. Ezra
While Brinker received the most attention, it was not the only pro-employer decision that was handed down this year. By...
U.S. Supreme Court, Constitutional Law
Don't be so sure the court will decide marriage equality this term
By Erwin Chemerinsky
In both cases in which review was granted, there are difficult jurisdictional questions that may keep the court from reaching ...
Distinguish purely personal from investment expenses. Legal fees paid to help the client's business reputation could be busine...
U.S. Supreme Court
Dog sniffs and that new Fourth Amendment smell
By Brian M. Hoffstadt
The decision to hear Jardines may be additional evidence that the U.S. Supreme Court is in the midst of reconsidering and rede...
Sometimes we get so caught up in our own "stuff" that we forget how many people genuinely care for us, just the way we are. ...
Law Practice
Litigators and in-house counsel: get to know CFAA civil actions, Part 2
By Marc Lewis , Jesse Koehler
Protecting a client's digital fortress has never been more difficult, and technology and Internet companies must consider the ...
Alternative Dispute Resolution
Pre-mediation conversations expedite settlement process
By Robert S. Mann
With increasing frequency, lawyers call before a mediation is scheduled (or sometimes after it's on calendar) to ask for assis...
Law Practice
Litigators and in-house counsel: get to know CFAA civil actions, Part 1
By Marc Lewis , Jesse Koehler
Protecting a client's digital fortress has never been more difficult, and technology and Internet companies must consider the ...
There's still time to make year-end deductible gifts to charity
By Robert W. Wood
Although tax rates are rising in 2013, that doesn't mean you'll get more from making charitable contributions next year. ...
Letters, Law Practice, Ethics/Professional Responsibility
State Bar action bolsters public perception
By Samuel C. Bellicini
Prohibiting legitimate discovery into discipline actions tends to increase the public perception that the State Bar is impenet...
Imagine how much exposure the average citizen faces when the CIA director was snared in the FBI's spider web.
Alternative Dispute Resolution
Trust: making a leap of faith in mediation
By Robert S. Mann
Why is cynicism so endemic and trust so painfully lacking in the mediation context?
Agencies to scrutinize worker classification
By Robert W. Wood
A recent U.S. Government Accountability Office report claims the IRS is losing billions on worker misclassification. ...
It sure is funny the way things turn out.
Labor/Employment
ERISA not likely to preempt state pregnancy leave law
By Michelle L. Roberts , Mia Munro
California demonstrated leadership in passing SB 299 to close a gap in health care coverage impacting women workers when they ...
Alternative Dispute Resolution
Just what exactly is a mediator's proposal (and when can one help)?
By Michael D. Marcus
Learn the nuts and bolts of dealing with a mediator's proposal. By By Michael D. Marcus ...
More prosecutions against offshore account holders are likely in the works - even where there has been no indication that the ...
Alternative Dispute Resolution
Client relations: a new approach for greater success at mediation
By Robert S. Mann
The relationship of lawyer and client and the process of reaching a settlement at mediation is difficult because of the fundam...
Government, Corporate, Administrative/Regulatory
FCPA is here to stay, now here's how to comply
By Debra Wong Yang
The long awaited Resource Guide to the U.S Foreign Corrupt Practices Act was released on Nov. 14, by the U.S. Department of Ju...
Letters, Law Practice
Savings from smaller juries not enough to justify change
By Stanley K. Jacobs
Rebutting "Six Happy Jurors."
Law Practice, Ethics/Professional Responsibility
When non-clients attack
By Julian Y. Waldo , Amy L. Bomse
Business deals sometimes disappoint, and when they do, disappointed investors may be inclined to look to hold the other side's...
For lawyers who fear the settlement process, there's a simple answer: evaluate your case realistically and be painfully honest...
Are 12 jurors really necessary? Explore the possibility of reducing the size of civil and misdemeanor juries in California.
U.S. Supreme Court, Securities
What's behind the US high court's reenergized focus on securities cases?
By William S. Freeman , John C. Tang
Since 2010 alone, the court has decided five major cases, and two more cases are on the docket for the current term. This surp...
In light of the demands placed upon the court system, this article explores the possibility of reducing the size of civil and ...
At its broadest reach, it encompasses three different types - casual, opportunistic and intimate. Of these, only intimate cont...
The focus on amending the Constitution is diverting attention from what might be done to lessen the effects of Citizens Uni...