An NSA-made defense
By Edward D. Totino
The NSA's sweeping phone surveillance programs may have just sounded the death-knell for lawsuits brought under California's I...
Books, Alternative Dispute Resolution
Explore the subtleties mediation
By Jan Frankel Schau
Dr. Debbie De Girolamo's new book illuminates how the practice of mediation has evolved into something dark, chameleon-like an...
Alternative Dispute Resolution
Perfection: not all it's cracked up to be
By Jan Frankel Schau
It's not necessarily a good idea to aim for an absolute win in litigation. By Jan Frankel Schau ...
Intellectual Property, Government
Libel tourism's trip cut short in federal appellate court
By Christina Avedissian, Andrew J. Thomas
"Libel tourism" is a form of forum shopping in which plaintiffs file libel suits against U.S. publishers in foreign jurisdict...
Ethics/Professional Responsibility
The ethical practice of law — a litigator's perspective
By James P. Gray
The very nature of our work brings a universal focus upon what we do and who we are. So ask yourself, what is the job descript...
Labor/Employment
New battleground for contractor vs. employee dispute
By Robert W. Wood
The examination of franchise arrangements is a comparatively new branch of the age-old independent contractor versus employee ...
These are not the moochers of society, but rather, the engines of commerce. These workers are the backbone of our economy.
Books
The speeches of Attorney General Edward H. Levi
"Restoring Justice," edited by Jack Fuller, is a collection of the speeches of Attorney General Edward H. Levi. Levi touched o...
Weekly Appellate Report, Civil Litigation
Court parses out protected activity
By Craig A. Roeb
If you are considering filing an anti-SLAPP motion, be prepared now for the possibility of trial courts dismissing some, all o...
In her new book, Samantha Geimer recalls what Polanski referred to as a "photo shoot" in 1977 at the Mulholland Drive home of ...
Securities, Government, Administrative/Regulatory
SEC, private plaintiffs turn heat up on municipal bond offerings
By Randall R. Lee, Michael A. Mugmon
In light of the recent wave of municipal meltdowns, the world of municipal securities regulation just got a lot more interesti...
State legislators have two choices: do nothing, leaving the status quo of weak regulation and never-ending battles with the fe...
Human trafficking continues to be an epidemic that can be addressed through education and acknowledgment.
Jackson estate case a thriller
By Robert W. Wood
Even after his death, Michael Jackson is keeping lawyers busy, and he could even make some important tax law. ...
Environmental & Energy
Last minute CEQA bill offers quick fixes to procedural rules
By Jeffrey Dintzer
At the last minute, the Legislature unexpectedly passed SB 743, which makes some minor corrections to the California Environme...
U.S. Supreme Court
Common thread in US high court's end-of-term decisions
By Lawrence Waddington
The legal thread of state and federal sovereignty wove through four cases at the end of the high court's 2012-2013 term. ...
For a while few decisions addressed "conditions"; insurer success changed that dynamic. ...
Alternative Dispute Resolution
The best way to win is to avoid a fight
By Jan Frankel Schau
It may surprise 21st century litigators to know that military strategist Sun Tzu famously said, "The supreme art of war is to ...
It might be helpful to show why the banks' putative legal claims in the Richmond mortgage seizure case have no merit. ...
Securities, Civil Litigation, Corporate
Litigation threat in sheep's clothing
By James N. Kramer, M. Todd Scott
Recently, activist shareholders have taken up an unexpected strategy of attack, one that is not only sanctioned by the courts,...
We all know that we have three branches of government, but where do judges really fit within that system, and what is it like ...
Alternative Dispute Resolution
The value of face-to-face negotiation
By Robert S. Mann
Communication in mediation is highly nuanced and physical presence has a huge impact upon the success of that communication.
Anthony Weiner, taxes and the state of California
By Robert W. Wood
Fortunately, California can at least boast state legislators who are too busy to be snapping "selfies" as they consider Senate...
Intellectual Property
Unravel the 'confusion' over hearsay in trademark litigation
By James B. Hardin, Tyler J. Woods
Trademark litigants often seek to present testimony from their own employees regarding customers' confusion; are such statemen...
I'm adopting those words, now let me explain to you why I am not a crook.
Criminal, Constitutional Law
States clash on warrantless searches of cellphones
By Scott A. Sugarman
Two state supreme courts -- Florida and California -- recently came to diametrically opposed conclusions on the matter.
U.S. Supreme Court, Government, Constitutional Law
Missouri lawmakers make last stand to void federal legislation
By Charles S. Doskow
A proposed law in the state would declare void any federal legislation that assumes powers not granted in the U.S. Constitutio...
Breaking down the IRS's new marriage position
By Robert W. Wood
Now it's official. The IRS says that anyone who is legally married is married for federal tax purposes. ...
Tax opinion just might make or break the case
By Robert W. Wood
Does an opinion get you out of penalties if the IRS disagrees with your treatment? It depends. ...
Labor/Employment
Genetic information and your workplace wellness programs
By Kristin L. Oliveira
Certain financial incentives in the ACA will motivate employers to create or supplement work wellness programs. As they do so,...