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Letters

Re: "Legislation to Prevent Workplace Bullying Is Long Overdue," Dec. 31. ...


Administrative/Regulatory

On Dec. 27, Sen. Diane Feinstein wrote a letter to President Barack Obama, urging him to re-evaluate the FDA's policy on the i...


Books

Justice for all

Jan. 7, 2014
By Arthur Gilbert

"To Establish Justice for All: The Past and Future of Civil Legal Aid in the United States," by retired Court of Appeal Justic...


Alternative Dispute Resolution

The narcissism of small distinctions

Jan. 4, 2014
By Robert S. Mann

Sometimes, they have about as much importance as the number of angels that could be doing the cha-cha-cha on the head of the p...


California Courts of Appeal, Appellate Practice

Appellate attorneys, flailing in the dark

Jan. 4, 2014
By Paul S. Berger

The notion of tentative appellate opinions still strikes most appellate justices as seditious, if not treasonous. Why? ...


Tax

What every lawyer should know about FATCA

Jan. 3, 2014
By Robert W. Wood

Every lawyer should know the Foreign Account Tax Compliance Act, enacted in 2010, finally takes effect this year. ...


Law Practice, Ethics/Professional Responsibility

Here are a few things to consider this year in order to help you survive New Year's Eve without making a fool of yourself or j...


Labor/Employment

Workplace bullying legislation is overdue

Jan. 1, 2014
By William M. Crosby

There remains a major problem in the American workplace for which further statutory reform is overdue - workplace bullying.


Alternative Dispute Resolution

Optimal success through artful negotiation

Dec. 28, 2013
By Jan Frankel Schau

For litigators, it is undeniably worth investing some time into studying how to achieve best results through negotiation.


Whether you are a plaintiffs' lawyer or defense lawyer, you should know the basics of structured settlements. ...


Every lawyer should know what a structured fee is and what it is not. ...


Entertainment & Sports, Constitutional Law

Paparazzi law limits our First Amendment rights

Dec. 25, 2013
By Nary Kim, Andrew J. Thomas

The Legislature has a love-hate relationship with freedom of the press, depending on who's advocating for change.


Labor/Employment

You don't need a weatherman to know it's wrong

Dec. 24, 2013
By Thomas L. Dorogi

I was stunned to read "Television station's decision to choose 'young attractive females' to fill vacant weather anchor positi...


Government

The fact is that American cities built trolley car lines, then paid good money to destroy them, and now are spending more good...


Criminal

Discovery when deputies break bad

Dec. 24, 2013
By Konrad Moore

The LA Sheriff's Department hired dozens of deputies even though background investigations found they had committed serious mi...


Judges and Judiciary, Appellate Practice

Improve arguments with zero extra cost

Dec. 21, 2013
By Joshua M. Stein

Division 8 of the 2nd District Court of Appeal, at only 12 years old, is one of the youngest courts in California. As members ...


Entertainment & Sports

An incorrect holding has been the basis of five decades of determinations where personal managers - and now attorneys - lose t...


International Law, Government

Womenomics, Abenomics and some small talk

Dec. 19, 2013
By Julie L. Kessler

Japanese Prime Minister Shinzo Abe is seeking to promote the acceptance of more women in the workplace. ...


Government

The NSA's infiltration of video games

Dec. 19, 2013
By Nathan N. Lowenstein

The NSA deployed undercover spies to create characters and conduct surveillance in online games and virtual worlds such as "Wo...


Civil Litigation

Defamation in 2013 tests well-settled rules

Dec. 19, 2013
By Deborah Drooz

California jurists finally seem to "get" Internet defamation in 2113; they also sought intelligible limits to the anti-SLAPP s...


Intellectual Property

That is one of the lessons from one of the first district court decisions to assess, after Myriad, the question of what...


Judges and Judiciary, Government

Nuclear fallout and California nominees

Dec. 19, 2013
By Carl Tobias

Many observers will focus on California as ground-zero in the post-nuclear landscape because numerous Golden State nominees wi...


Government, Corporate, Administrative/Regulatory

California has once again received the dubious distinction of being named our nation's number one "judicial hellhole" by the A...


Labor/Employment

ERISA defense bar: The sky is not falling

Dec. 18, 2013
By Michelle L. Roberts

A recent case is no ordinary denial-of-benefits ERISA case; the court affirmed a precedential damages award based on the theor...


Labor/Employment

Since October, the 2nd District Court of Appeal has reversed three trial court orders that had denied class certification in t...


9th U.S. Circuit Court of Appeals

A camera in every appellate court

Dec. 18, 2013
By Erwin Chemerinsky

The 9th Circuit recently announced that it would begin live video streaming of its en banc proceedings, but this is far too li...


Government

You, me and the Senate nuclear precedent

Dec. 17, 2013
By Makan Delrahim

Much has been written since about the so-called "nuclear option" rules change in the Senate. Perhaps not enough has been writt...


Civil Litigation

Overview of cy pres in class actions

MCLE
Dec. 16, 2013
By Daryn Pakcyk

The objective of this article and self-study test is to familiarize readers with the cy pres doctrine. Earn MCLE. ...


Law Practice

Our dated ways of thinking about competition

Dec. 14, 2013
By Michael Waterstone

Orly Lobel has written an important book challenging the way we should think about human capital. We ignore her prescriptions ...


Law Practice

Standing naked: judges in Dylan's lyrics, pt. 2

Dec. 14, 2013
By Timothy B. Taylor

We know how Bob Dylan's poetry has fared in the eyes of lawyers and jurists. But what about the reciprocal view? ...