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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Outdated handbook terms can foreclose arbitration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...


Real Estate/Development, Government

Housing bust: Who is to blame?

Aug. 2, 2012
By Gideon Kanner

As all lawyers know, when witnesses are called to testify they must swear to tell the truth, the whole truth and nothing but t...


Law Practice

On being heard

Aug. 1, 2012
By Timothy A. Tosta

I am becoming convinced that you cannot truly learn to listen, until you have felt the power of what listening has done for you.


Law Practice

NCAA missed the mark with Penn State sanctions

Aug. 1, 2012
By Robert L. Bastian Jr.

It is the collateral damage, in this instance, which is inexcusable. ...


Constitutional Law

Judicial philosophies collide in Williams

Jul. 31, 2012
By Brian M. Hoffstadt

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

Jul. 28, 2012
By Julie Waterstone, Michael Waterstone

The Government Accountability Office just issued a report that demonstrated that children with disabilities are enrolled in ch...


U.S. Supreme Court, Labor/Employment

Be careful what you wish for

Jul. 27, 2012
By Eric B. Kingsley

With the government strained and labor unions squeezed, plaintiff lawyers are really the only avenue available for employees.


Letters, Labor/Employment

Responding to the Editor's Note from the Labor and Employment supplement. By Ellen Lake ...


Intellectual Property

The publishing industry in May received a harsh lesson in the unpredictability of copyright law's fair use doctrine in an acad...


Insurance

'Finances’ and punitive damages

Jul. 20, 2012
By Rex Heeseman

How much impact should defendants' finances have on punitive damage awards? ...


Labor/Employment, California Supreme Court

Minimizing risks in the post-Brinker environment

Jul. 19, 2012
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

Jul. 19, 2012
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

Jul. 18, 2012
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

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

Jul. 13, 2012
By Davina Pujari, Marc S. Katz

Environmental criminal investigations present unique challenges to businesses. ...


Criminal

Police pursuits: apprehension versus public safety

Jul. 12, 2012
By Robert L. Bastian Jr.

In 2005, the state Legislature acknowledged that, for the past 20 years, California led the nation in the number of innocent b...


U.S. Supreme Court

Miller dissents inconsistent with research

Jul. 11, 2012
By Ellen L. Chaitin

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

Jul. 10, 2012
By Gideon Kanner

What Congress determines to be a "public use" is "well-nigh conclusive" to the same court that ignored repeated legislative de...


Civil Rights

What deadlines must the federal government meet when performing privilege reviews concerning computer data it has collected in...


Tax, Family

Five key tax rules to know about divorce

Jul. 6, 2012
By Robert W. Wood

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

Jul. 3, 2012
By Eugenia L. Liu

A rundown of Thursday's monumental decision. ...


Judges and Judiciary

Illusions of independence

Jul. 3, 2012
By Arthur Gilbert

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

Jul. 3, 2012
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?

Jun. 30, 2012
By Michelle Lee Flores

States are cracking down on employers who ask for employee user names and passwords to social networking sites.