The decision in Kirby is being touted as an employer victory because of its potential chilling effect on contigency fee...

Waxing poetic on 24 years and 200 columns, as well as my brief encounter with jury duty. ...

I am talking Watergate, Ellsberg, President Richard Nixon. ...

Predictive coding is picking up support in a few jurisdictions. ...

Sometimes, the case's merits are simply too intertwined with the requirements for certification to be set aside. By Sharon Kir...

Life lessons learned from my hospice work.

The networks say the FCC's current policy is too hard to figure out and penalizes the use of particular words in some instance...

The government prosecutes tabloid-worthy cases while ignoring those with important, real implications.

California focuses on a comparative approach to class certification instead of simply whether there are common questions "cent...

The most important thing to understand about the dynamics of efficiently negotiating a settlement is that both parties almost ...

Brinker and Wal-Mart illustrate different approaches to appellate review: one rooted in deference, the other ref...

Brinker seems to suggest that courts should "protect" employers by ignoring the merits of a claim when certifying a cla...

Writing a separate concurrence serves the function of identifying what the Court's opinion does not resolve. By John R....

Law firms are increasingly turning to new business models. ...

My journey to the Supreme Court.

If more jurors were fully informed, they would be more reluctant to convict defendants under morally repugnant and discriminat...

I sat at my computer at 7:00 a.m. repeatedly hitting the refresh button on my browser, until, there it was: Christopher...

Mediators have a few new tricks up their sleeves after Brinker. By Joan B. Kessler, JD, PhD ...

The act of production becomes testimonial when an individual is compelled "to use 'the contents of his own mind' to explicitly...

Controversial Arizona immigration law heads to the US Supreme Court. By Erwin Chemerinsky ...

Viacom's battle against YouTube forges on, despite a claim that barely passes muster.

Brinker emphasizes the importance of workers' rights, especially low wage workers. By Fernando Flores of the egal Aid S...

Brinker puts employers on alert to draft clear and concise policies, and to ensure that they are uniformly implemented ...

Difficult questions arise when litigants attempt to unmask anonymous Internet users in order to assert legal claims based on t...

Two things happen in mediation: the mediator influences the parties, and the parties influence the mediator. ...

It's often claimed that you cannot insure for punative damages, but that's not the truth of the matter. ...

It is misleading to talk about the pay gap absent a more holistic discussion including other factors. ...

It is important to remember that at 6 months we are already developing a style of interaction and way of thinking about oursel...

Like Titanic's owners, corporations today benefit from an artificial limitation of liability.

Predictive coding will continue to be a hot topic, and litigants will use it to the extent that it makes fiscal sense.