Civil Litigation
E-mail Communication May Waive Attorney-Client Privilege
By A. Marco Turk
Delineations of privileged conversations become even more blurred. ...
Lawyers can enrich their professional relationships by just listening. ...
Alternative Dispute Resolution
Is the Mediation 'Privilege’ the Last Bastion of Confidentiality?
By Michael H. Leb
For a sobering glimpse at how little privacy an individual really has, look no further than the Internet.
A house bought on unfulfilled promises can be costly in a divorce.
Recent court decision expands consumer standing in unfair-competition law claims. By Eric B. Kingsley and Kelsey Peterson-More...
Appellate Practice
There Is No Silver Lining to an Untimely Appeal from a Post-Judgment Attorney Fee Award
By James C. Martin, David J. de Jesus
What to know when appealing an attorney fee award. By James C. Martin and David J. de Jesus of Reed Smith. ...
Law Practice, Ethics/Professional Responsibility
How to Safely Withdraw From a Case
By Diane L. Karpman
Breaking up legal representation can be hard to do. ...
Originalism is a flawed constitutional doctrine that leads to unacceptable results. By Erwin Chemerinsky of UC Irvine School o...
California Supreme Court, Alternative Dispute Resolution
Mediating Behind Closed Doors
By Michael D. Marcus
Have we paid too high a price to preserve mediation confidentiality? ...
Litigation & Arbitration, Alternative Dispute Resolution
Arbitration on Trial
By Lawrence Waddington
Arbitration continues to face challenges as an alternative to litigation. ...
Civil Litigation
Lively and Spirited Debate: No Place for Personal Attacks
By A. Marco Turk
Resorting to anger, prejudice or bigotry to make a point seems to have become the American way. ...
Intellectual Property
Intellectual Ventures Lawsuits May Change the Face of Patent Law
By Stuart Meyer
Litigation brought by Intellectual Ventures could shift the balance of interests involved in patent law. ...
Our welfare system should promote self-improvement, not dependency.
Takings law rulings by the U.S. Supreme Court show that access to federal courts is difficult for ordinary folks. By Gideon Ka...
Valiant examples of courage can be found in the most unusual of places. ...
Alternative Dispute Resolution
Arbitration, No Longer a Clear Cut Choice
By A. Marco Turk
The current state of arbitration leaves its participants to contemplate just where and when unintended results will occur. ...
Civil Litigation, Appellate Practice
Have You Filed Your Appeal on Time?
By Alana H. Rotter
If a court order is stamped "filed" but no one sees it, is it really filed? ...
U.S. Supreme Court, Constitutional Law, Books
The Legacy of Justice William J. Brennan, Jr.
By Stephen F. Rohde
Why Justice William J. Brennan, Jr. is considered the most influential justice of the 20th century. ...
A review of the state Supreme Court's multiple approaches to interpreting insurance policies in environmental disputes. ...
Challenging a fee award just got a little trickier.
Legally Speaking: Antonin Scalia
Health Care & Hospital Law, Appellate Practice
Circuit Split on Free Speech And Drug Prescription Data
By Jonathan M. Rotter, Alana H. Rotter
The constitutional debate over the sale of prescriber-specific data for commercial use.
Should a sentence for manslaughter only reflect the crime, or should it consider the defendant's compassionate character?
Government, Environmental & Energy
The Legacy of Arnold Schwarzenegger
By Richard M. Frank
Contrary to popular opinion, a strong case can be made that Arnold Schwarzenegger was a remarkably successful governor.
U.S. Supreme Court, Government, 9th U.S. Circuit Court of Appeals
A New Obstacle to Civil Rights Relief
By Erwin Chemerinsky
The U.S. Supreme Court makes it more difficult for plaintiffs to sue their local governments. By Erwin Chemerinsky of UC Irvin...
The rent control war ends in the U.S. Supreme Court, but adversaries continue to squabble. ...
Family
Does a Spouse’s Waiver of Interest Trump the Beneficiary Designation?
By Mitchell A. Jacobs, Navid Moshtael
What happens when your client's beneficiary designation is inconsistent with the terms of the divorce decree?
From the legislature, to the governor, and then the ballot - opposition greets rent control at every stage.
David R. Henderson's "The Joy of Freedom: An Economist's Odyssey" shows us the enormous harm done by government intrusion.
The Great Rent Control War
By Myron Moskovitz
A play-by-play of the first battle waged in California's 20-year rent control war.