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Alternative Dispute Resolution

Business students and young entrepreneurs who have been raised in the age of the Internet are well trained to think fast and a...


Labor/Employment, Entertainment & Sports

They knew what they were getting into - and they never complained. Nobody pulled the wool over their eyes; nobody defrauded th...


Law Practice

10(ish) commandments for 1Ls

Jul. 20, 2013
By Ira L. Shafiroff

So, you're about to start law school in August? Keep reading.


Insurance

Another win for insurance brokers

Jul. 19, 2013
By Rex Heeseman

In litigation between the policyholder and the broker, over the years many decisions have resulted in a "win" for the latter. ...


Law Practice

Becoming a stress reducing agent in your workplace

Jul. 19, 2013
By Timothy A. Tosta

If you decided simply to "upgrade" your own behavior to a higher standard, what would you anticipate as the reaction from your...


Labor/Employment

Mid-year review of wage and hour trends in 2013

Jul. 18, 2013
By Tamara I. Devitt

The U.S. high court just issued several decisions that seemingly settle significant wage and hour questions. Yet, there are no...


U.S. Supreme Court, Labor/Employment, California Supreme Court

The life and times of Gentry v. Superior Court

Jul. 18, 2013
By Steven B. Katz

The last six years have not been kind to the state high court's landmark arbitration ruling, and the court is poised to revers...


Criminal

What happened to a jury of our peers?

Jul. 17, 2013
By Aram B. James

What happened to the requirement that juries represent a cross-section of the community, particularly in a case dripping with ...


Judges and Judiciary, Criminal

Why defend criminals you know to be guilty?

Jul. 17, 2013
By James P. Gray

So many times we in the legal profession hear the question asked: "How can you defend those criminals - particularly if you kn...


Criminal

'Not guilty’ was the jurors’ only option

Jul. 17, 2013
By Louis J. Shapiro

My intention here is not to celebrate the tragic death of a 17-year-old boy. Rather, it is to explain why the jurors were left...


Is severance pay "wages" or not? Circuits are split, and the IRS has petitioned the Supreme Court to get an answer. ...


U.S. Supreme Court, Constitutional Law

Between a rock and zero liability

Jul. 17, 2013
By Erwin Chemerinsky

Since generic drugs are regulated by the Food and Drug Act, the U.S. high court has ruled that design defect and failure to wa...


You're not entitled to appeal an order to pay attorney fees when you choose not to disclose evidence of your financial circums...


Alternative Dispute Resolution

A different vocabulary for mediation

Jul. 13, 2013
By Robert S. Mann

In a recent mediation, the plaintiff's lawyer had a pained expression on his face as he reviewed a document, and as I walked i...


Civil Litigation, 9th U.S. Circuit Court of Appeals

Returning some removal control to defendants

Jul. 12, 2013
By Erin L. Burke, Jason C. Wright

A recent 9th Circuit decision rejected a narrow interpretation of the statutorily imposed restrictions on when a defedant can ...


IP malpractice claims rising

Jul. 11, 2013
By J. Randolph Evans, Shari L. Klevens

Legal malpractice lawsuits arising from intellectual property disputes are on the rise in California, and throughout the count...


While supporters describe the bill as closing a loophole in California law, in truth the bill would tear asunder far more fami...


Government, Administrative/Regulatory

Legislation key in battle to unlock cellphones

Jul. 11, 2013
By John F. Stephens

The new chairman of the Federal Communications Commission, Tom Wheeler, thinks that it should be legal to unlock your cellphon...


Law Practice

Trouble remembering your password?

Jul. 10, 2013
By Paul R. Kiesel

One of the banes of our existence in 2013 is the need to remember - if you are following the rules - dozens and dozens of pass...


Civil Litigation, Appellate Practice

The good news is that attorney disqualification orders are immediately reviewable. And two recently published decisions show t...


Letters

Have you ever heard a judge say the ABCs?

Jul. 9, 2013
By Ira L. Shafiroff

Re: "Plan to shave bar exam down to two days makes headway," July 2.


Letters, Constitutional Law

Re: "Narrow holdings with huge implications for couples," June 27. By Joel Drum ...


Special Coverage, Labor/Employment

VIDEO: Pushing Brinker to the limit

Jul. 6, 2013
By Steven B. Katz

The decision harbored a dark cloud on the edge of its rosy resolution, and a brand-new decision from the Court of Appeal seize...


Labor/Employment

Employers should prepare for impact of same-sex marriage rulings

Jul. 3, 2013
By Todd B. Scherwin, Andrew J. Hoag

And they will need to do so soon - Gov. Jerry Brown ordered all 58 counties to issue marriage licenses. ...


Law Practice

Crowd sourcing as a source?

Jul. 2, 2013
By Brian M. Hoffstadt

In recent years, lawyers and judges have cited Wikipedia and Urban Dictionary to define everything from Buddhism to "booty mus...


U.S. Supreme Court, Labor/Employment

Thinking through Concepcion, Oxford Health and Iskanian

Jun. 29, 2013
By Arthur F. Silbergeld

While management lawyers lauded result in Concepcion, several statements in the opinion have limited validity, appear result-o...


U.S. Supreme Court

Real progress emanates from the political process

Jun. 29, 2013
By Lawrence Rosenthal

In the long run, the cause of equal rights for gays and lesbians may not be advanced if gay marriage is imposed on unwilling s...


U.S. Supreme Court, Constitutional Law

Narrow holdings, huge implications

Jun. 28, 2013
By Erwin Chemerinsky

The Supreme Court did not go that far Wednesday in its rulings on marriage equality, but there is now no doubt that ultimately...


Tax, Health Care & Hospital Law

Most lawyers can reel off a few laws that are not uniformly interpreted, much less uniformly enforced. Take, for example, the ...


Insurance

Words and insurance policies

Jun. 26, 2013
By Rex Heeseman

A trend emerging in courts shows that the occasional absence (or presence) of words can be outcome determinative. ...