Innocent mistakes or leading indicators of a deeper problem? By William Domnarski ...
Malicious prosecution: taking exception Mr. Kaus' advice. By Richard C. Leonard of Leonard, Dicker & Schreiber LLP
Health Care & Hospital Law
Medical malpractice settlements: who benefits?
By Bruce G. Fagel
Protecting the public health is a critically important function of government. ...
Law Practice
Transformative listening: invigorating your life with each conversation
By Timothy A. Tosta
It is powerful, and can even prove career or life changing. ...
Anti-SLAPP: Why we need a federal counterpart
By Mark Goldowitz
Forum shopping among state courts remains a viable option for litigants seeking to avoid one state's anti-SLAPP protections. B...
Family
When is a premarital agreement unconscionable?
By Mitchell A. Jacobs , Navid Moshtael
Take caution when waiving certain rights in premarital agreement, no matter which side you're on. ...
Language cutting to the quick can crush a lawyer's ego when reading the appellate opinion of a case. By William Domnarski ...
Busy books, the decimation of the third branch and, of course, mediation.
Marin County residents won the battle against a Lucasfilm expansion project; now George is looking to sell to a low-cost housi...
Civil Litigation, Alternative Dispute Resolution
eDiscovery: Digital-age evidence facing off with Facebook
By A. Marco Turk
Lesson: winning at all costs is not the goal; playing the game by the rules must be the barometer.
Litigation & Arbitration, Letters, Alternative Dispute Resolution
Sun rises in the west
By Nathaniel J. Friedman
A response to Judge Waddington By Nathaniel J. Friedman ...
Law Practice
An object lesson in thinking twice before suing for malicious prosecution
By Steve Kaus
Anti-SLAPP is a powerful tool and can bite back if you're not careful pursuing malicious prosecution claims. By Stephen Kaus o...
Law Practice
Ten of the smartest things ever written about lawyers
By William Domnarski
They consider the tensions I have felt, tensions which I suspect many lawyers have felt. By William Domnarski ...
Litigation & Arbitration, Alternative Dispute Resolution
Statutorily approved arbitration clauses could provide relief
By Lawrence Waddington
Providing statutorily approved language could help end the flood of challenges to arbitration clauses. ...
It takes more than an in-migration of pseudo-hippie latte drinkers to revive a city.
The First Amendment applies only to state action, so can private employers restrict political banter in the office?
Real Estate/Development
Looming wave of debt maturities begs cautious foreclosure practices
By Fernando Landa
Foreclosure can further deteriorate collateral value; if done correctly, a receiver sale can greatly expedite litigation and r...
Dispatches from the reading room: movies and television
By William Domnarski
Judges watch TV and films too, and sometimes it shows. By William Domnarski ...
The first charges stemming from the BP oil spill provide a valuable lesson: don't delete images from your smart phone. ...
Labor/Employment, Civil Rights
ADAAA: broader protections for employees with disabilities
By Howard Fulfrost
Changes to the ADA focus on whether discrimination occurred, not whether an individual is "disabled." ...
Civil Litigation
Treble punitive damages for elder abuse: are you claiming them?
By Brian S. Kabateck , Joshua H. Haffner
California statutory law allows for recovery of treble damages for elder abuse in insurance bad faith actions. ...
The Court settled whether a defendant could claim ineffective assistance of counsel for rejected pleas; the proper remedy, how...
Labor/Employment
Legislative history: no fee-shifting in meal and rest break litigation
By Gerald G. Knapton , Kim Karelis
A closer look at the enactment of certain Labor Code sections reveals its intention not to permit fee-shifting. By Gera...
Government, Environmental & Energy, Administrative/Regulatory
SB 375 may result in state control of land use
By Nicki Carlsen , Rebecca S. Harrington
Notwithstanding language to the contrary in the bill itself, SB 375 potentially gives state control over local land use. ...
Environmental & Energy
Future is now (or is it?): minimizing CEQA litigation risk
By Donald E. Sobelman , Sherry E. Jackman
When performing an environmental impact report, choosing the proper baseline can be outcome determinative. ...
Constitutional Law, 9th U.S. Circuit Court of Appeals
Why the 9th Circuit got Padilla wrong
By Erwin Chemerinsky
Even if an American citizen detained as an enemy combatant doesn't have the same rights as a prisoner, surely they have the ri...
If passed, the Pregnant Workers Fairness Act will protect pregnant employees from being terminated for requesting modest accom...
Without the fear of mounting attorney fees, employers will feel less pressured to settle. By Maria C. Roberts and David E. Ama...
Books, Alternative Dispute Resolution
Tales of tragedy, revenge and ...mediation?
By Jan Frankel Schau
A collection of stories from mediators about the drama they witnessed while negotiating settlements. ...
Labor/Employment
Brinker’s unique impact on the health care industry
By Daniel J. McQueen
Commentary about the decision often ignores an important aspect of it: the IWA's authority to issue industry-related rules. By...