Intellectual Property
In fair use analysis, market harm is not merely academic
By Andrew J. Thomas
The publishing industry in May received a harsh lesson in the unpredictability of copyright law's fair use doctrine in an acad...
How much impact should defendants' finances have on punitive damage awards? ...
Labor/Employment, California Supreme Court
Minimizing risks in the post-Brinker environment
By Arthur F. Silbergeld , Christine D. DeBretteville
The decision is a win for employers, but does not close the door on potential meal and rest break claims. ...
Civil Litigation, Labor/Employment, California Supreme Court
Duran, due process and PAGA
By Fraser A. McAlpine
Duran will likely provide guidance on the proper way to construct a viable trial plan for class action and PAGA claims.
U.S. Supreme Court
Williams v. Illinois: signed, sealed -- testimonial
By Erwin Chemerinsky
The plurality seems to place importance on trivial issues--like whether a lab report is signed and notarized. By Erwin Chemeri...
Contracts, Alternative Dispute Resolution
Complying with mediation requirements can help avoid a “Pyrrhic victory”
By Dan D. Nabel
Some victories come with a great price, so be sure to read the fine print. ...
Environmental & Energy
Environmental criminal investigations: differences, dos and don’ts
By Davina Pujari , Marc S. Katz
Environmental criminal investigations present unique challenges to businesses. ...
In 2005, the state Legislature acknowledged that, for the past 20 years, California led the nation in the number of innocent b...
Recent scientific research has proven that children's brains, especially boys', develop at a much later age than originally th...
U.S. Supreme Court, Constitutional Law
Eminent domain and the Obamacare decision
By Gideon Kanner
What Congress determines to be a "public use" is "well-nigh conclusive" to the same court that ignored repeated legislative de...
What deadlines must the federal government meet when performing privilege reviews concerning computer data it has collected in...
Very slight differences in mechanics can yield huge tax differences for one or both spouses.
U.S. Supreme Court, Health Care & Hospital Law
Affordable Care Act survives
By Eugenia L. Liu
A rundown of Thursday's monumental decision. ...
As bad as the Great Depression may have been, at least the courts were still open.
Constitutional Law, Administrative/Regulatory
High court punts free speech issues in FCC v. Fox
By John F. Stephens
The court essentially handed the hot potato back to the FCC by staying silent the free speech issues in the case.
Labor/Employment
Can businesses demand your social media passwords?
By Michelle Lee Flores
States are cracking down on employers who ask for employee user names and passwords to social networking sites.
There are many ways to spotlight the weaknesses in a lawyer's performance without public bullying that interferes with the law...
U.S. Supreme Court, Criminal, Constitutional Law
Williams: a strange end to what Crawford began
By Craig E. Countryman
Last week's ruling in William leaves a messy picture for lawyers to sort out.
The luxury bag maker recently lost a dispute over whether knock-offs featured in "The Hangover: Part II" damage the brand. ...
Immigration, Government, Criminal
Prosecutorial indiscretion: marijuana and immigration
By James Raza Lawrence , Allison B. Margolin
The DOJ is walking back guns and promises not to prosecute medical marijuana cases; is Obama's new immigration policy next? By...
Last Term, the U.S. Supreme Court decided two cases implicating a debate that has divided the justices for nearly 50 years. ...
Brush up on the proper procedures for making and responding to criminal motions. By Thomas Rubinson of the Los Angeles County ...
Humor in judicial opinions takes many forms, ranging from tired jokes to sly wit to satire so powerful as to make us laugh. By...
U.S. Supreme Court, Constitutional Law
Kelo and the shrinking approval of the Supreme Court
By Gideon Kanner
Recent polls suggest that only 44 percent of Americans approve of the job the Supreme Court is doing.
In the decade since Hope v. Pelzer, the Supreme Court repeatedly has found qualified immunity based on the absence of a...
Civil Litigation
eDiscovery: Eaton v. Frisby, discovery’s first Watergate scandal?
By A. Marco Turk
A lengthy, ongoing dispute in Mississippi has the judge sorting through a predecessor's lapse of judgment. ...
Letters, Judges and Judiciary, Alternative Dispute Resolution
'You can lead a horse to water...': the pros and cons of mandatory mediation
By Scott Slater Markus
"Court-ordered mediation often fails to deliver" (June 8) generalizes and oversimplifies the issue. ...
Letters, Judges and Judiciary, Alternative Dispute Resolution
Denouncing the fables of forced mediation
By Joseph DiMonda
Lawyers don't need to be told that alternative dispute resolution methods are available.
The 50-employee requirement is outdated and too inflexible. ...
Recently issued guidance on electronic discovery practices in criminal cases doesn't even mention the discovery database optio...