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...
Government
Consumer advocates block tort reform legislation in the 2012 session
By Brian S. Kabateck
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
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. ...
Access to the judicial branch ensures that the government, in the person of a judge, will hear grievances and respond. By Davi...
Better listening is the key to being heard. ...
Statements made by Missouri Rep. Todd Akin last week ignited a firestorm of public comment in connection with of one of the mo...
A review of Crawford discussing the latest developments on the confrontation of witnesses.
U.S. Supreme Court, Civil Litigation
Concepcion's inconsistent application
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
By Polina F. Bernstein , Diana Friedland
Employers should tread softly when implementing criminal background check policies and procedures. ...
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
eDiscover(ing) the practice of law
The D.C. Bar is leading the charge as to whether eDiscovery vendors are practicing law. ...
Civil Litigation, Intellectual Property, Entertainment & Sports
From reality TV to virtual reality: expression is the name of the game
By Andrew J. Thomas
Prevailing on a copyright infringement claim based on similarities between reality shows may very well be impossible. ...
Tax
Tax law: is substance abuse an excuse for willful tax violations?
By Bruce Givner , Owen Kaye
Generally speaking, a claim of substance abuse is not greeted with much sympathy by our tax laws. ...
There is absolutely no basis for believing that John Roberts' vote to uphold the individual mandate was anything other than hi...
New law proposes to limit length of depositions in California
By Brian S. Kabateck
With only a limited amount of time, attorneys will be forced to jettison time-wasting practices and focus on proper deposition...
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
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...
Switch in time that blew everyone's mind: part two
By Ben Feuer
The parallels between Justice Roberts' vote to uphold a minimum wage law and Chief Justice John Roberts' vote to uphold the in...
Insurers often assert that the relief requested constitutes "disgorgement" or "restitution" not covered by their policies. The...
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'
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
By Robert L. Bastian Jr.
The closer rule making respects this basic, underlying structure, the greater the related event's integrity. ...
There appears to be a misconception that the more sophistication that is used in the commission of crime, the less likely that...
As all lawyers know, when witnesses are called to testify they must swear to tell the truth, the whole truth and nothing but t...
I am becoming convinced that you cannot truly learn to listen, until you have felt the power of what listening has done for you.
It is the collateral damage, in this instance, which is inexcusable. ...
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
By Julie Waterstone , Michael Waterstone
The Government Accountability Office just issued a report that demonstrated that children with disabilities are enrolled in ch...
With the government strained and labor unions squeezed, plaintiff lawyers are really the only avenue available for employees.
Letters, Labor/Employment
Setting the record for Duran straight
Responding to the Editor's Note from the Labor and Employment supplement. By Ellen Lake ...