California Supreme Court, Alternative Dispute Resolution
Mediation in California, Now Officially A Safe Haven for Attorney Malpractice
By J. Daniel Sharp
The judiciary has adopted an interesting interpretation of legislative intent as it applies to California's mediation confiden...
California Supreme Court, Alternative Dispute Resolution
Mediation, Confidentiality and Anarchy: The California Nightmare
By Jeff Kichaven
California's mediation confidentiality statute is a recipe for disaster.
Recent ethical concerns regarding certain U.S. Supreme Court justices call for change in law. By Erwin Chemerinsky of UC Irvin...
Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals
Appealability of Anti-SLAPP Orders In California and the 9th Circuit
By Alana H. Rotter
Do the current anti-SLAPP provisions strike the right balance? ...
The recent spike in disability-related claims should motivate all employers to review their legal obligations.
Politicians should be willing to sacrifice their personal careers for the sake of rebuilding America. ...
How to exclude income earned overseas from your U.S. taxes. ...
Civil Litigation, Health Care & Hospital Law
Will Tort Reform Reduce Health Care Costs?
By Bruce G. Fagel
The reality of tort reform is that it would have little impact on reducing health care costs.
A lesson learned about the corrosive effect of impatience. ...
How today's technological capabilities can launch tomorrow's courtroom. ...
Civil Litigation
E-mail Communication May Waive Attorney-Client Privilege
By A. Marco Turk
Delineations of privileged conversations become even more blurred. ...
Lawyers can enrich their professional relationships by just listening. ...
Alternative Dispute Resolution
Is the Mediation 'Privilege’ the Last Bastion of Confidentiality?
By Michael H. Leb
For a sobering glimpse at how little privacy an individual really has, look no further than the Internet.
A house bought on unfulfilled promises can be costly in a divorce.
Recent court decision expands consumer standing in unfair-competition law claims. By Eric B. Kingsley and Kelsey Peterson-More...
Appellate Practice
There Is No Silver Lining to an Untimely Appeal from a Post-Judgment Attorney Fee Award
By James C. Martin , David J. de Jesus
What to know when appealing an attorney fee award. By James C. Martin and David J. de Jesus of Reed Smith. ...
Law Practice, Ethics/Professional Responsibility
How to Safely Withdraw From a Case
By Diane L. Karpman
Breaking up legal representation can be hard to do. ...
Originalism is a flawed constitutional doctrine that leads to unacceptable results. By Erwin Chemerinsky of UC Irvine School o...
California Supreme Court, Alternative Dispute Resolution
Mediating Behind Closed Doors
By Michael D. Marcus
Have we paid too high a price to preserve mediation confidentiality? ...
Litigation & Arbitration, Alternative Dispute Resolution
Arbitration on Trial
By Lawrence Waddington
Arbitration continues to face challenges as an alternative to litigation. ...
Civil Litigation
Lively and Spirited Debate: No Place for Personal Attacks
By A. Marco Turk
Resorting to anger, prejudice or bigotry to make a point seems to have become the American way. ...
Intellectual Property
Intellectual Ventures Lawsuits May Change the Face of Patent Law
By Stuart Meyer
Litigation brought by Intellectual Ventures could shift the balance of interests involved in patent law. ...
Our welfare system should promote self-improvement, not dependency.
Takings law rulings by the U.S. Supreme Court show that access to federal courts is difficult for ordinary folks. By Gideon Ka...
Valiant examples of courage can be found in the most unusual of places. ...
Alternative Dispute Resolution
Arbitration, No Longer a Clear Cut Choice
By A. Marco Turk
The current state of arbitration leaves its participants to contemplate just where and when unintended results will occur. ...
Civil Litigation, Appellate Practice
Have You Filed Your Appeal on Time?
By Alana H. Rotter
If a court order is stamped "filed" but no one sees it, is it really filed? ...
U.S. Supreme Court, Constitutional Law, Books
The Legacy of Justice William J. Brennan, Jr.
By Stephen F. Rohde
Why Justice William J. Brennan, Jr. is considered the most influential justice of the 20th century. ...
A review of the state Supreme Court's multiple approaches to interpreting insurance policies in environmental disputes. ...
Challenging a fee award just got a little trickier.