Litigation & Arbitration, U.S. Supreme Court, Alternative Dispute Resolution
Arbitration's slow, continuing expansion
By Lawrence Waddington
Since the enactment of the FAA in 1925, the role and scope of arbitration has slowly evolved. ...
There's no reason a "good settlement" has to mean that both sides leave a little unhappy.
Special Coverage
$14 million whistle-blower award is a game changer
By Thomas A. Zaccaro, Eleanor K. Mercado
On Oct. 1, the SEC announced the largest whistle-blower award yet since launching its whistle-blower program in 2011.
Pressure from the U.S. government to curb corrupt business practices and China's privacy laws have created collision course, w...
Can you pay your lawyer in bitcoins?
By Robert W. Wood
There is confusion whether transactions in bitcoin should be treated as property, barter, foreign currency, or a financial ins...
International Law
Saudi women get law licenses, not allowed to drive
By Julie L. Kessler
In a historic groundbreaking move by the Kingdom of Saudi Arabia's Ministry of Justice, last week four Saudi women were grante...
Letters, Health Care & Hospital Law, Civil Rights
Soon enough justices will challenge MICRA's vitality
By Nathaniel J. Friedman
Re: "Offsetting Damages in a Nonallocated Settlement," Oct. 21. ...
Judges and Judiciary
Interpreters in California courts
By Kristin K. Eriksson-Embree
Earn MCLE credit learning the basic rules and cases that govern the use of spoken language interpreters in California courts.
A new ordinance aims to "reduc[e] family flight" from San Francisco. ...
U.S. Supreme Court, Labor/Employment, California Supreme Court
Sonic-Calabasas the hedgehog
By Steven B. Katz
The court is poised in Iskanian to overrule Gentry. Whether the majority can hold onto their sole long-term idea...
Banking
Unintended consequences of Dodd-Frank and other reform laws
By Brian S. Kabateck
The revised legislation has not had quite as big an impact as the public expected from such publicized regulatory changes. B
Intellectual Property, Administrative/Regulatory
Washington stirs as India undermines patents
By David Weller, Himanshu Singh
India's approach to pharmaceutical patents is garnering increased attention in Washington, with recent high-level pressure on ...
Civil Rights, Appellate Practice
Appeals, writs and summary judgment
By Alana H. Rotter
The rules for obtaining appellate review of a summary adjudication ruling can be a trap for the unwary. ...
Civil Litigation, Health Care & Hospital Law, Administrative/Regulatory
Offsetting damages in a nonallocated settlement
By Craig A. Roeb, Garrett M. Fahy
A recent case shows that attorneys need not make an effort to apportion medical malpractice settlement awards into economic an...
As a result of FATCA, many long-term expats are facing the heart-wrenching decision to give up their U.S. citizenship.
Labor/Employment
Employment protection for abuse victims
By Sharon A. Terman, Rachael Langston
The governor recently signed a bill which provides employment protections for victims of domestic and sexual violence.
Securities, Government, Administrative/Regulatory
$14 million whistle-blower award is a game changer
By Thomas A. Zaccaro, Eleanor K. Mercado
On Oct. 1, the SEC announced the largest whistle-blower award yet since launching its whistle-blower program in 2011. ...
On Oct. 4 Gov. Jerry Brown signed into law Assembly Bill 1412, a bill that reinstates a controversial California tax break. ...
There are several different species of "consequential" arguments, and many of them will likely be on display in a case current...
Government, Environmental & Energy
A powerful new tool for brownfield cleanup
By Christopher D. Jensen, Nicole M. Martin
Gov. Jerry Brown signed AB 440, which gives local government agencies broad authority to remediate contaminated property in "b...
Civil Litigation, Appellate Practice
Pandora kicks down door to music licenses
By Donald M. Falk
A court recently ruled that ASCAP - which provides blanket licenses for music performance rights - can't strip down licenses f...
Civil Litigation, Insurance
New decision clarifies insurers' duty to provide a defense
By Linda D. Kornfeld, Julia K. Holt
A new decision clarifies when an insurer's duty to defend arises.
Law Practice, State Bar & Bar Associations
We take care of our own
By Diane L. Karpman
The State Bar does not seem to be considering the crushing burden that a plan it is proposing would impose on law students. ...
I checked the 2012 Court Statistics Report. In fiscal year 1993 our Supreme Court depublished 109 cases. God knows what percen...
With the recent statement by Attorney General Eric Holder, it is simply a question of time.
U.S. Supreme Court
Justices to decide tax treatment of severance pay
By Robert W. Wood
The U.S. high court has agreed to decide whether severance pay to workers who have been laid off is subject to federal payroll...
Alternative Dispute Resolution
I can't hear you: stress and communication
By Robert S. Mann
The physiological and psychological reactions of individuals to stress can stand in the way of successful settlement negotiati...
Fly fishers have a way of noting the ruminations of fellow enthusiasts and so this enthusiast offers some thoughts on fly fish...
Lawyers and judges do extraordinary things and demonstrate a wide range of talents. But there are constraints. ...
In "Democracy and Political Ignorance: Why Smaller Government Is Smarter," author Ilya Somin discusses the serious problem tha...