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Criminal

2012 criminal cases, a look back

Dec. 29, 2012
By Louis J. Shapiro

2011 was the year of captivating criminal cases. We had Dr. Conrad Murray, Casey Anthony and Lindsay Lohan to name a few. 2012...


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

Dec. 22, 2012
By Brian S. Kabateck

The Federal Trade Commission, which has a duty to prevent anticompetitive, deceptive or unfair business practices, filed charg...


Labor/Employment

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

In both cases in which review was granted, there are difficult jurisdictional questions that may keep the court from reaching ...


Tax

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

Dec. 19, 2012
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...


Law Practice

Paying it forward

Dec. 18, 2012
By Timothy A. Tosta

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

Protecting a client's digital fortress has never been more difficult, and technology and Internet companies must consider the ...


Alternative Dispute Resolution

With increasing frequency, lawyers call before a mediation is scheduled (or sometimes after it's on calendar) to ask for assis...



Law Practice

Protecting a client's digital fortress has never been more difficult, and technology and Internet companies must consider the ...


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

Dec. 11, 2012
By Samuel C. Bellicini

Prohibiting legitimate discovery into discipline actions tends to increase the public perception that the State Bar is impenet...


Civil Litigation

eDiscovery: sex, lies and social media

Dec. 8, 2012
By A. Marco Turk

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

Dec. 8, 2012
By Robert S. Mann

Why is cynicism so endemic and trust so painfully lacking in the mediation context?


Agencies to scrutinize worker classification

Dec. 4, 2012
By Robert W. Wood

A recent U.S. Government Accountability Office report claims the IRS is losing billions on worker misclassification. ...



Law Practice

An international incident

Dec. 4, 2012
By Arthur Gilbert

It sure is funny the way things turn out.


Labor/Employment

ERISA not likely to preempt state pregnancy leave law

Dec. 1, 2012
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

Learn the nuts and bolts of dealing with a mediator's proposal. By By Michael D. Marcus ...


Tax

Expect more prosecutions for offshore accounts

Nov. 30, 2012
By Robert W. Wood

More prosecutions against offshore account holders are likely in the works - even where there has been no indication that the ...



Alternative Dispute Resolution

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

Nov. 27, 2012
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

Rebutting "Six Happy Jurors."


Law Practice, Ethics/Professional Responsibility

When non-clients attack

Nov. 20, 2012
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...



Alternative Dispute Resolution

The skeptic's guide to mediation

Nov. 17, 2012
By Robert S. Mann

For lawyers who fear the settlement process, there's a simple answer: evaluate your case realistically and be painfully honest...


Civil Litigation, Law Practice

Six happy jurors, pt. 2

Nov. 17, 2012
By Kirk H. Nakamura

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?

Nov. 17, 2012
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...


Civil Litigation, Law Practice

Six happy jurors, pt. 1

Nov. 16, 2012
By Kirk H. Nakamura

In light of the demands placed upon the court system, this article explores the possibility of reducing the size of civil and ...



Law Practice

Three kinds of friendship

Nov. 13, 2012
By Timothy A. Tosta

At its broadest reach, it encompasses three different types - casual, opportunistic and intimate. Of these, only intimate cont...


U.S. Supreme Court

Limiting Citizens United's ill effects

Nov. 13, 2012
By Erwin Chemerinsky

The focus on amending the Constitution is diverting attention from what might be done to lessen the effects of Citizens Uni...