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Law Practice

The state Court of Appeal has held that a fee award to an insurance defense firm may be at market rates instead of the signifi...


The Consumer Attorneys of California blocked all of the so called "tort reform" bills introduced during the 2012 legislative s...



Alternative Dispute Resolution

Mediators: advocates for the settlement

Sep. 1, 2012
By Robert S. Mann

When a mediator becomes an advocate for a party, the mediator runs the risk of buying into that party's value of the case. ...


Law Practice

Lawyers' critical role in the war on poverty

Aug. 29, 2012
By David A. Lash

Access to the judicial branch ensures that the government, in the person of a judge, will hear grievances and respond. By Davi...



Law Practice

Listening practice

Aug. 29, 2012
By Timothy A. Tosta

Better listening is the key to being heard. ...


Criminal

Statements made by Missouri Rep. Todd Akin last week ignited a firestorm of public comment in connection with of one of the mo...



Criminal, Constitutional Law

Crawford update: Part One

Aug. 28, 2012
By Elia V. Pirozzi

A review of Crawford discussing the latest developments on the confrontation of witnesses.


U.S. Supreme Court, Civil Litigation

Concepcion's inconsistent application

Aug. 25, 2012
By Jeff E. Scott , Joseph R. Wetzel Jr.

Trial and appellate courts throughout California continue to struggle with the scope and breadth of the U.S. Supreme Court's d...



Labor/Employment

Caution in criminal background checks

Aug. 21, 2012
By Polina F. Bernstein , Diana Friedland

Employers should tread softly when implementing criminal background check policies and procedures. ...


Tax, Government

Repealing the income tax will create jobs

Aug. 18, 2012
By James P. Gray

Are you aware that for every dollar the federal government now spends, it borrows 43 cents? No company could possibly maintain...



Civil Litigation, Law Practice

The D.C. Bar is leading the charge as to whether eDiscovery vendors are practicing law. ...


Civil Litigation, Intellectual Property, Entertainment & Sports

Prevailing on a copyright infringement claim based on similarities between reality shows may very well be impossible. ...



Generally speaking, a claim of substance abuse is not greeted with much sympathy by our tax laws. ...


U.S. Supreme Court

Justice Roberts and federal power

Aug. 15, 2012
By Erwin Chemerinsky

There is absolutely no basis for believing that John Roberts' vote to uphold the individual mandate was anything other than hi...



With only a limited amount of time, attorneys will be forced to jettison time-wasting practices and focus on proper deposition...


9th U.S. Circuit Court of Appeals

Statute with limits?

Aug. 14, 2012
By Simon J. Frankel

A court ruled legislation purporting to address challenges faced by individuals seeking to recover stolen works of art., is pr...



Labor/Employment

Outdated handbook terms can foreclose arbitration

Aug. 11, 2012
By Ronald W. Novotny , Jonathan Judge

In the wake of Concepcion, there is an increasing need to review old agreements and policies contained in employee hand...


The parallels between Justice Roberts' vote to uphold a minimum wage law and Chief Justice John Roberts' vote to uphold the in...



Insurance

Insurance coverage for 'disgorgement' claims

Aug. 7, 2012
By Kirk A. Pasich

Insurers often assert that the relief requested constitutes "disgorgement" or "restitution" not covered by their policies. The...


Judges and Judiciary

Do not praise me... unless I truly deserve it

Aug. 7, 2012
By Arthur Gilbert

To be conscious of our choices makes it possible for judges and lawyers to win deserved medals of recognition with the public....



Entertainment & Sports, Contracts

'Modern Family' cast invokes 'seven-year rule'

Aug. 4, 2012
By David B. Stern

The cast is lucky to avoid judicial review, since Section 2855(a) only voids the term of services agreements "beyond seven yea...


Judges and Judiciary, Entertainment & Sports

Subjectivity in Olympic judging

Aug. 4, 2012
By Robert L. Bastian Jr.

The closer rule making respects this basic, underlying structure, the greater the related event's integrity. ...



Criminal

Common misconceptions on insanity defense

Aug. 3, 2012
By Louis J. Shapiro

There appears to be a misconception that the more sophistication that is used in the commission of crime, the less likely that...


Real Estate/Development, Government

Housing bust: Who is to blame?

Aug. 2, 2012
By Gideon Kanner

As all lawyers know, when witnesses are called to testify they must swear to tell the truth, the whole truth and nothing but t...



Law Practice

On being heard

Aug. 1, 2012
By Timothy A. Tosta

I am becoming convinced that you cannot truly learn to listen, until you have felt the power of what listening has done for you.


Law Practice

NCAA missed the mark with Penn State sanctions

Aug. 1, 2012
By Robert L. Bastian Jr.

It is the collateral damage, in this instance, which is inexcusable. ...



Constitutional Law

Judicial philosophies collide in Williams

Jul. 31, 2012
By Brian M. Hoffstadt

The decision in Williams and the cases leading up to it vividly illustrate the clash -- and, curiously, the overlap -- ...


Government, Civil Rights, Administrative/Regulatory

Educating all of our children

Jul. 28, 2012
By Julie Waterstone , Michael Waterstone

The Government Accountability Office just issued a report that demonstrated that children with disabilities are enrolled in ch...



U.S. Supreme Court, Labor/Employment

Be careful what you wish for

Jul. 27, 2012
By Eric B. Kingsley

With the government strained and labor unions squeezed, plaintiff lawyers are really the only avenue available for employees.


Letters, Labor/Employment

Responding to the Editor's Note from the Labor and Employment supplement. By Ellen Lake ...