Labor/Employment
Outdated handbook terms can foreclose arbitration
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...
Switch in time that blew everyone's mind: part two
By Ben Feuer
The parallels between Justice Roberts' vote to uphold a minimum wage law and Chief Justice John Roberts' vote to uphold the in...
Insurers often assert that the relief requested constitutes "disgorgement" or "restitution" not covered by their policies. The...
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'
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
By Robert L. Bastian Jr.
The closer rule making respects this basic, underlying structure, the greater the related event's integrity. ...
There appears to be a misconception that the more sophistication that is used in the commission of crime, the less likely that...
As all lawyers know, when witnesses are called to testify they must swear to tell the truth, the whole truth and nothing but t...
I am becoming convinced that you cannot truly learn to listen, until you have felt the power of what listening has done for you.
It is the collateral damage, in this instance, which is inexcusable. ...
The decision in Williams and the cases leading up to it vividly illustrate the clash -- and, curiously, the overlap -- ...
Government, Civil Rights, Administrative/Regulatory
Educating all of our children
By Julie Waterstone, Michael Waterstone
The Government Accountability Office just issued a report that demonstrated that children with disabilities are enrolled in ch...
With the government strained and labor unions squeezed, plaintiff lawyers are really the only avenue available for employees.
Letters, Labor/Employment
Setting the record for Duran straight
Responding to the Editor's Note from the Labor and Employment supplement. By Ellen Lake ...
Intellectual Property
In fair use analysis, market harm is not merely academic
By Andrew J. Thomas
The publishing industry in May received a harsh lesson in the unpredictability of copyright law's fair use doctrine in an acad...
How much impact should defendants' finances have on punitive damage awards? ...
Labor/Employment, California Supreme Court
Minimizing risks in the post-Brinker environment
By Arthur F. Silbergeld, Christine D. DeBretteville
The decision is a win for employers, but does not close the door on potential meal and rest break claims. ...
Civil Litigation, Labor/Employment, California Supreme Court
Duran, due process and PAGA
By Fraser A. McAlpine
Duran will likely provide guidance on the proper way to construct a viable trial plan for class action and PAGA claims.
U.S. Supreme Court
Williams v. Illinois: signed, sealed -- testimonial
By Erwin Chemerinsky
The plurality seems to place importance on trivial issues--like whether a lab report is signed and notarized. By Erwin Chemeri...
Contracts, Alternative Dispute Resolution
Complying with mediation requirements can help avoid a “Pyrrhic victory”
By Dan D. Nabel
Some victories come with a great price, so be sure to read the fine print. ...
Environmental & Energy
Environmental criminal investigations: differences, dos and don’ts
By Davina Pujari, Marc S. Katz
Environmental criminal investigations present unique challenges to businesses. ...
In 2005, the state Legislature acknowledged that, for the past 20 years, California led the nation in the number of innocent b...
Recent scientific research has proven that children's brains, especially boys', develop at a much later age than originally th...
U.S. Supreme Court, Constitutional Law
Eminent domain and the Obamacare decision
By Gideon Kanner
What Congress determines to be a "public use" is "well-nigh conclusive" to the same court that ignored repeated legislative de...
What deadlines must the federal government meet when performing privilege reviews concerning computer data it has collected in...
Very slight differences in mechanics can yield huge tax differences for one or both spouses.
U.S. Supreme Court, Health Care & Hospital Law
Affordable Care Act survives
By Eugenia L. Liu
A rundown of Thursday's monumental decision. ...
As bad as the Great Depression may have been, at least the courts were still open.
Constitutional Law, Administrative/Regulatory
High court punts free speech issues in FCC v. Fox
By John F. Stephens
The court essentially handed the hot potato back to the FCC by staying silent the free speech issues in the case.
Labor/Employment
Can businesses demand your social media passwords?
By Michelle Lee Flores
States are cracking down on employers who ask for employee user names and passwords to social networking sites.