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Government

The business community shares the strong objections to court budget cuts that have been raised across the spectrum. By Kim Sto...


Judges and Judiciary

Temporary judges: critical asset during budget crisis

Sep. 13, 2012
By Ralph Barat Saltsman, Stephen Warren Solomon

Did you know the number of calendars handled by temporary judges equates to the full time annual employment of 16 superior cou...


Judges and Judiciary

A time to improvise

Sep. 11, 2012
By Arthur Gilbert

Successful litigators and musicians know there is a time to think, a time to let one's natural talent lead the way, and a time...


Constitutional Law

Stolen valor and prosecutorial discretion

Sep. 11, 2012
By Brian M. Hoffstadt

If the analysis of the constitutionality of a law is affected by the prosecutor's choice of whom to prosecute, does this influ...


Criminal

Lois Goodman: safe or out?

Sep. 8, 2012
By Louis J. Shapiro

Respected tennis referee Lois Goodman is charged with murdering her husband of 50 years with a coffee mug. ...


Civil Litigation, Ethics/Professional Responsibility

Under the new ABA Model Rules of Professional Conduct lawyers are required to make sure that they are current regarding "more ...


Civil Litigation, Letters, Intellectual Property

Apple v. Samsung result a no brainer

Sep. 6, 2012
By Stanley K. Jacobs

A number of articles have been written attempting to explain why Apple won and Samsung lost the trial. It's so simple.


Law Practice

The state Court of Appeal has held that a fee award to an insurance defense firm may be at market rates instead of the signifi...


The Consumer Attorneys of California blocked all of the so called "tort reform" bills introduced during the 2012 legislative s...


Alternative Dispute Resolution

Mediators: advocates for the settlement

Sep. 1, 2012
By Robert S. Mann

When a mediator becomes an advocate for a party, the mediator runs the risk of buying into that party's value of the case. ...


Law Practice

Lawyers' critical role in the war on poverty

Aug. 29, 2012
By David A. Lash

Access to the judicial branch ensures that the government, in the person of a judge, will hear grievances and respond. By Davi...


Law Practice

Listening practice

Aug. 29, 2012
By Timothy A. Tosta

Better listening is the key to being heard. ...


Criminal

Statements made by Missouri Rep. Todd Akin last week ignited a firestorm of public comment in connection with of one of the mo...


Criminal, Constitutional Law

Crawford update: Part One

Aug. 28, 2012
By Elia V. Pirozzi

A review of Crawford discussing the latest developments on the confrontation of witnesses.


U.S. Supreme Court, Civil Litigation

Concepcion's inconsistent application

Aug. 25, 2012
By Jeff E. Scott, Joseph R. Wetzel Jr.

Trial and appellate courts throughout California continue to struggle with the scope and breadth of the U.S. Supreme Court's d...


Labor/Employment

Caution in criminal background checks

Aug. 21, 2012
By Polina F. Bernstein, Diana Friedland

Employers should tread softly when implementing criminal background check policies and procedures. ...


Tax, Government

Repealing the income tax will create jobs

Aug. 18, 2012
By James P. Gray

Are you aware that for every dollar the federal government now spends, it borrows 43 cents? No company could possibly maintain...


Civil Litigation, Law Practice

The D.C. Bar is leading the charge as to whether eDiscovery vendors are practicing law. ...


Civil Litigation, Intellectual Property, Entertainment & Sports

Prevailing on a copyright infringement claim based on similarities between reality shows may very well be impossible. ...


Generally speaking, a claim of substance abuse is not greeted with much sympathy by our tax laws. ...


U.S. Supreme Court

Justice Roberts and federal power

Aug. 15, 2012
By Erwin Chemerinsky

There is absolutely no basis for believing that John Roberts' vote to uphold the individual mandate was anything other than hi...


With only a limited amount of time, attorneys will be forced to jettison time-wasting practices and focus on proper deposition...


9th U.S. Circuit Court of Appeals

Statute with limits?

Aug. 14, 2012
By Simon J. Frankel

A court ruled legislation purporting to address challenges faced by individuals seeking to recover stolen works of art., is pr...


Labor/Employment

Outdated handbook terms can foreclose arbitration

Aug. 11, 2012
By Ronald W. Novotny, Jonathan Judge

In the wake of Concepcion, there is an increasing need to review old agreements and policies contained in employee hand...


The parallels between Justice Roberts' vote to uphold a minimum wage law and Chief Justice John Roberts' vote to uphold the in...


Insurance

Insurance coverage for 'disgorgement' claims

Aug. 7, 2012
By Kirk A. Pasich

Insurers often assert that the relief requested constitutes "disgorgement" or "restitution" not covered by their policies. The...


Judges and Judiciary

Do not praise me... unless I truly deserve it

Aug. 7, 2012
By Arthur Gilbert

To be conscious of our choices makes it possible for judges and lawyers to win deserved medals of recognition with the public....


Entertainment & Sports, Contracts

'Modern Family' cast invokes 'seven-year rule'

Aug. 4, 2012
By David B. Stern

The cast is lucky to avoid judicial review, since Section 2855(a) only voids the term of services agreements "beyond seven yea...


Judges and Judiciary, Entertainment & Sports

Subjectivity in Olympic judging

Aug. 4, 2012
By Robert L. Bastian Jr.

The closer rule making respects this basic, underlying structure, the greater the related event's integrity. ...


Criminal

Common misconceptions on insanity defense

Aug. 3, 2012
By Louis J. Shapiro

There appears to be a misconception that the more sophistication that is used in the commission of crime, the less likely that...