Letters
The court's lack of understanding of ADR (alternative dispute resolution), currently known as CDR (consensual dispute resoluti...
When I am advising on a complex issue, I am wary of giving the "two-sentence answer" that is more often being asked of me.
Civil Litigation, Ethics/Professional Responsibility
eDiscovery: Unsuspecting waiver of attorney-client privilege
By A. Marco Turk
There are instances when we already have the "golden goose" in our hands, and it remains only for us to lose it.
California's civil justice system is closer to gridlock than many realize. By Michael L. Stern of the Los Angeles County Super...
Letters, Criminal, Constitutional Law
Misleading attack on death penalty proposition
By Stephen F. Rohde
A recent op-ed attacking Proposition 34, a measure to end the death penalty, among other things, does a disservice to voters.
The doctrine of "minimum contacts" takes on a new dimension when applied to a defendant who does business only over the Intern...
Cases on the U.S. Supreme Court's upcoming docket look to be as significant as those on last term's. ...
Contained within today's column is a solecism. Can you find it? ...
Alternative Dispute Resolution
Put up or shut up: the basics of economic based settlements
By Robert S. Mann
Sometimes the defendant simply doesn't have any more money, and the mediation becomes about an "economic based settlement."
Law Practice, Judges and Judiciary
Court closures warrant rethinking traditional trial practice
By Lawrence Waddington
Counsel must inevitably acknowledge the reality of changing times and conditions and consider modification of typical litigati...
Health Care & Hospital Law
Health care safety and the culture of silence
By Bruce G. Fagel
From their earliest days in training, both doctors and nurses are taught to not discuss or even question medical mistakes that...
Letters, Government, Criminal, Constitutional Law
Death penalty report author responds to accusations
By Paula M. Mitchell
It is wrong to ascribe a nefarious purpose to the timing of the publication of the law review article on the costs of the stat...
Judges and Judiciary, Government
High stakes in November election for the federal bench
By Eric B. Kingsley
An Obama victory this November with Clinton winning in 2016 could mean that by 2021 more than 50 percent of the active distric...
Constitutional Law
Injunction bars city from seizing poor folks property
By Gideon Kanner
Long story short, the 9th Circuit is not always opposed to private property rights. It evidently depends on whose property and...
Earn MCLE credit polishing your knowledge of evidence rules regarding the Sixth Amendment's right to confrontation as applied ...
Law Practice, Books, Alternative Dispute Resolution
Admit it: You’re in denial
By Robert S. Mann
An awareness of the existence and impact of denial on the part of lawyers and their clients is critical to successful resoluti...
Labor/Employment
General counsel’s highest concern? Cybersecurity
By Justine M. Phillips
A recent survey and found "data security" to be the highest concern to general counsel and corporate directors, even above ope...
International Law, Government
UN Security Council an untapped option in video fallout
By William Slomanson
The council could order its member states to, at least temporarily, bar global access to this video. ...
California Supreme Court
State high court to hear class sampling case
By George S. Howard Jr.
The court will decide whether statistical evidence can establish liability or damages when the employer has substantial eviden...
The 9th Circuit upheld a preliminary injunction preventing the city of LA from seizing property on Skid Row absent an objectiv...
Government, Criminal, Constitutional Law
Proposition to end death penalty an ill-conceived measure
By James R. Bozajian
There are many good reasons to retain the death penalty as a sentencing option in California for the worst of the worst.
For-profit schools preying on low-income communities
By Brian S. Kabateck , Lina B. Melidonian
Some of these schools are employing the same predatory practices that led to defaults and record high foreclosure rates during...
Corporate counsel -- and the businesses they represent -- run certain risks if they fail to investigate the credentials of the...
The business community shares the strong objections to court budget cuts that have been raised across the spectrum. By Kim Sto...
Judges and Judiciary
Temporary judges: critical asset during budget crisis
By Ralph Barat Saltsman , Stephen Warren Solomon
Did you know the number of calendars handled by temporary judges equates to the full time annual employment of 16 superior cou...
Successful litigators and musicians know there is a time to think, a time to let one's natural talent lead the way, and a time...
If the analysis of the constitutionality of a law is affected by the prosecutor's choice of whom to prosecute, does this influ...
Respected tennis referee Lois Goodman is charged with murdering her husband of 50 years with a coffee mug. ...
Civil Litigation, Ethics/Professional Responsibility
eDiscovery: new ABA ethics comment is 'game changer'
By A. Marco Turk
Under the new ABA Model Rules of Professional Conduct lawyers are required to make sure that they are current regarding "more ...
Civil Litigation, Letters, Intellectual Property
Apple v. Samsung result a no brainer
By Stanley K. Jacobs
A number of articles have been written attempting to explain why Apple won and Samsung lost the trial. It's so simple.