Civil Litigation
e-Discovery: Better Watch Out, Santa Claus Could Be Coming to Town...for Your Opponent
By A. Marco Turk
Battling out e-discovery disputes in the courtroom can end up doing more harm than good. ...
Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
State Supreme Court Needs to Calendar Meal Break Case Now
By Eric B. Kingsley
One appellate court sidesteps the state Supreme Court and calls the shots in dispute over the meal break standard.
Not even the government, when it invokes national security, is above the law. By Erwin Chemerinsky of UCI School of Law ...
California Supreme Court, Alternative Dispute Resolution, 9th U.S. Circuit Court of Appeals
Class Arbitration Case Questions Jurisdictional Scope of US Supreme Court
By Lawrence Waddington
The current term of the U.S. Supreme Court overturns the 9th Circuit for the 15th time.
Are the Dodgers' financial problems a case of delayed retribution for how Dodger Stadium came about? ...
How to manage electronically stored information without getting involved in a time consuming and costly discovery war. ...
Bridge Loans and the Future of Financing Startups
By Thomas M. Klein
The latest case out of Delaware tackling the issue of bridge loans threatens to shrink financing for startup companies. By Tho...
Labor/Employment, Government, Administrative/Regulatory
Congress Needs to Amend the Federal Arbitration Act
By Eric B. Kingsley
The U.S. Supreme Court's approval of class arbitration waivers will likely lead to abusive labor practices. ...
Civil Litigation, Law Practice
Professional Tools for Litigators: Direct and Cross-Examination
By James P. Gray
When it comes to direct and cross-examination, the better you prepare, the luckier you usually are. By James P. Gray, a retire...
Intellectual Property, Entertainment & Sports
Sink or Swim: Can Grooveshark Maneuver the Ocean of Copyright Laws?
By Nickolas B. Solish
Recognized as one of the top music Web sites, will Grooveshark's bite be backed by copyright law? ...
Have we reached the point where judges are unable to resolve their own disputes within the judiciary? ...
Alternative Dispute Resolution
Should Mediation Confidentiality Extend to Lawyer-Client Communications?
By A. Marco Turk
Recent decisions affecting mediation confidentiality are contrary to the goal of alternative dispute resolution.
Before becoming a well-known vintner, Jess S. Jackson was a land-use lawyer for some of the most interesting taking cases.
The combative nature of practicing law can taint an attorney's emotional state and ultimately, affect work performance.
U.S. Supreme Court ruling stacks the odds against victims seeking retribution for deliberate prosecutorial misconduct. ...
Constitutional Law
A Distorted System of Constitutional Remedies
By Robert L. Bastian Jr.
The U.S. Supreme Court has made a disturbing pattern of mistakes when interpreting civil rights legislation.
Real Estate/Development
Should the Courts Help Los Angeles Commit Fiscal Suicide?
By Gideon Kanner
Should the Courts Help Los Angeles Commit Fiscal Suicide By Mistreating Property Owners?
Constitutional Law
A Distorted System of Constitutional Remedies
By Robert L. Bastian Jr.
Federal courts have undermined prosecution of civil rights violations commited by public employees under color of law.
Staying within the ethical bounds of e-mediation requires technical knowledge and moral restraint. ...
Civil Litigation, Appellate Practice
Obtaining and Challenging Appellate Cost Awards
By Alana H. Rotter
Two state appellate court decisions disagree on when a cost award is appealable.
Government
The Filibuster Rule: Past Practice Should Not Preclude Proper Process
By Charles S. Doskow
The Senate's filibuster requirement flouts the Constitution's intention that matters be decided by majority rule. ...
Labor/Employment, Civil Rights
We’re All Individuals With Disabilities Now
By D. Gregory Valenza
New amendments to the Americans With Disabilities Act zeroes in on employers who question whether their employees have disabil...
Letters, Judges and Judiciary
AB 1208 Embraces Necessary Judicial Reform
By W. Kent Hamlin
Judge W. Kent Hamlin of the Fresno County Superior Court responds to "Prematurely Attending One's Own Funeral." ...
Civil Litigation, Law Practice
Professional Tools For Litigators: Opening Statements
By James P. Gray
If delivered well, opening statements can be key to convincing a jury.
Law Practice
Anthony Pellicano Strikes Again and Lawyers Are the Losers
By Timothy D. Reuben
Lawyers may be held responsible for their client's illegal actions even if they were not directly complicit. ...
What's the connection between Freemasons, Mozart's funeral music and the courts?
For many, managing e-discovery is like learning a new language. ...
Judges and Judiciary
Proposed Bill Major Setback for the State’s Courts
By Erwin Chemerinsky
Enactment of AB1208 would reverse the benefits of centralization that our court system has achieved. By Erwin Chemerinsky of U...
Stephen Rohde responds to "Jewish Bar Examines Nazi Judges' Blind Eye." ...
Seeking declaratory relief can help a company avoid the damage that comes from being sued.