Civil Litigation
E-Discovery: Production of documents in plastic bags scores low on 'bell curve’
By A. Marco Turk
Those who still treat the discovery process as a nuisance only to be tolerated will pay. ...
Environmental & Energy
Strict environmental laws for thee, but not for me
By Gideon Kanner
Depending on who you are, California's strict environmental laws may not apply.
Ethics/Professional Responsibility
Be tech smart: Protecting your client communications
By Alison Buchanan
What sounds like a typical day for many lawyers may actually be riddled with professional conduct violations. ...
Appellate Practice
Power to disagree: The authority of lower courts in new trial motions
By Alana H. Rotter
Trial courts do not always realize how much power they have when ruling on new trial motions. ...
Law Practice, Ethics/Professional Responsibility
State Bar discipline: disbarment and suspension
By Diane L. Karpman
The most common reasons for disbarment and suspension by the State Bar. ...
Are lawyers too close to their profession to see outside the box? ...
Criminal
Ten years later: Will we ever hold torturers accountable?
By Stephen F. Rohde
The U.S. government's impact on human rights, civil liberties and the rule of law in the name of fighting terrorism. ...
U.S. Supreme Court, Intellectual Property
Copyright injunctions after eBay
By Andrew J. Thomas
The U.S. Supreme Court's restriction on injunctive relief may present one benefit to major content creators. ...
With Labor Day weekend behind us, some thoughts on professional growth and satisfaction. ...
Civil Litigation
E-Discovery: New gadgets may put employers in hot seat
By A. Marco Turk
Certain risks that technology-junky employees can present to unwary employers. ...
Family
Switched before birth: The strange case of in vitro fertilization mishaps
By Judith Daar
It's stunning to realize we haven't yet mastered how to keep track of embryos. ...
Don't be cavalier in thinking that proving liability against a bank is a snap. ...
Ethics/Professional Responsibility
Beyond inadvertent production: Attorney disqualification and privileged information
By Amy L. Bomse
A 4th District ruling on attorney disqualification goes against an established line of California cases.
U.S. Supreme Court, Constitutional Law
The roles of judge and jury: Is the US Supreme Court of two minds?
By Brian M. Hoffstadt
The Supreme Court's treatment of the "harmless error doctrine" blurs the lines between what judges and juries may do. ...
Law Practice
Continuous partial attention and the fear of missing something
By Timothy A. Tosta
Are you "on" all the time? Here's why that can be a harmful state of mind. ...
Civil Litigation, California Courts of Appeal
Court clarifies class certification issue for insurance industry
By Fletcher C. Alford, Douglas A. Scullion
The court lends a hand to class action defendants, particularly those who sell insurance and annuities. ...
As St. Augustine said, "Life is a book, and people who don't travel read only one page."
Law Practice, Ethics/Professional Responsibility
State Bar discipline: Public reprovals can hurt you
By Diane L. Karpman
Don't be fooled - a public reproval for attorney misconduct can tarnish your image and hurt your business. ...
Letters, Health Care & Hospital Law, Government, Constitutional Law
When it comes to constitutional interpretation — it’s always political
By Michael H. Leb
A reader responds to "Health care law should be upheld." ...
Civil Litigation
E-Discovery: Delay in filing motion for spoliation sanctions could leave moving party at starting gate
By A. Marco Turk
It's better to file motions for spoliation sanctions during, rather than after, the discovery phase. ...
How insureds can push back when insurers overstep their boundaries in legal disputes.
Health Care & Hospital Law, Government, Constitutional Law
Health care law should be upheld
By Erwin Chemerinsky
As a matter of established law, the individual health care mandate is clearly constitutional.
Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit says no to 'picking off’ class members
By Eric B. Kingsley
Big news for the plaintiffs' bar that levels the playing field and ensures a fair fight.
Another scandal for reproductive law--is it time to stop the commercial baby-making?
Civil Litigation, Law Practice, Ethics/Professional Responsibility
Professional tools for litigators: results with diplomacy
By James P. Gray
How to respond when you feel that your trial judge is adversely affecting your ability to try your case effectively.
Civil Litigation
E-Discovery: Orwellian world (and more) arrives for lawyers and their clients
By A. Marco Turk
Newly developed e-discovery software seeks to monitor and interpret human behavior. ...
California passes the newest and toughest law on state sales and use taxes. ...
When it comes to indemnity agreements, we're stuck with terms that the courts have been telling us for decades to stop using. ...
Civil Litigation
The final word on mediation confidentiality in California
By A. Marco Turk
Now that the issue of mediation confidentiality is settled, how can mediators, counsel and parties protect themselves? ...
Judges and Judiciary
Time on my hands: The illusion of absolute certainty
By Arthur Gilbert
What the law allows or disallows is all about educated guesses. ...