Civil Litigation
Anti-SLAPP motions — still appealing in federal court?
By Andrew J. Thomas
Over the past decade, defendants increasingly have invoked the anti-SLAPP statute in federal courts.
New federal guidelines promote uniform treatment of eDiscovery in criminal proceedings.
U.S. Supreme Court
To object or not to object: What is the consequence?
By Brian M. Hoffstadt
The contemporaneous objection rule is neither ubiquitous nor absolute. ...
Limiting government intervention in the marketplace may be the only solution to saving our economy. ...
Constitutional Law, Administrative/Regulatory
Halftime glitch: Giving the FCC the finger— literally
By John F. Stephens
M.I.A.'s gesture steals the spotlight away from Madonna's halftime show. ...
Civil Litigation, Alternative Dispute Resolution
eDiscovery: Hard drives, hard decisions on data
By A. Marco Turk
When an eDiscovery mediation breaks down, the consequences are severe.
The Proposition 8 ruling raises issues that the U.S. Supreme Court will likely take up. By Erwin Chemerinsky of the University...
Improve your parenting capabilities by understanding your narrative, moods and emotions. ...
Understanding why cases don't settle can help a mediator find the right solutions.
Insurance
The cooperation clause: Rarely a successful defense to coverage
By Kirk A. Pasich
Even if an insured does not honor the cooperation clause, it does not necessarily lose coverage.
Letters, Constitutional Law
Congress: Reining in the federal courts
By Richard A. Nixon
A reader comments on "Newt Gingrich and the evisceration of the rule of law." ...
Real Estate/Development, Government, Administrative/Regulatory
Redevelopment’s swan song: more affordable housing
By Catherine A. Rodman
Are successor agencies equipped to catch up on redevelopment's affordable housing obligations? ...
U.S. Supreme Court, Constitutional Law
The other majority opinion in the US Supreme Court's GPS case
By Brian M. Hoffstadt
There may be a new exception to the Fourth Amendment's privacy protections on the horizon. B
Corporate, Civil Litigation, 9th U.S. Circuit Court of Appeals
7th, 9th Circuit cases to affect federal equity receiverships
By Ted G. Fates, Joshua A. del Castillo
Two decisions may significantly alter the law governing federal equity receiverships. ...
Judges and Judiciary
Justice Paul Coffee – Division 6’s very own pick-me-up
By Arthur Gilbert
In a world of change, there are some constants that keep us grounded. ...
Civil Litigation
eDiscovery: Suggested philosophy for solos and small firms
By A. Marco Turk
A look at what options are available for those with a tight budget. ...
Debate over telecommunications projects reopened
By Gail A. Karish
There's a new twist in the battle over who should conduct environmental review of telecommunications projects. By Jennifer M. ...
A change in court procedure has brought stalkers face-to-face with their celebrity obsessions. ...
Be aware of who you are, because this is what you present to your child. ...
Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals
Copyright fair use: courts poised to seek limiting principles amid the labels
By Andrew J. Thomas
Two federal appellate courts will soon reconsider an element of the copyright fair use test.
Know what factors may expose brokers to greater liability. ...
U.S. Supreme Court, Letters
Justices got religious case exactly right
A reader writes in response to "The justices' decision that ministers cannot sue churches spell trouble." ...
Using boilerplate provisions in marital settlement agreements can result in unintended consequences. ...
Real Estate/Development, Government, Administrative/Regulatory
The state of eminent domain for the new year
By Bradford B. Kuhn, Rick E. Rayl
2011 ended with a bang - how might these major decisions impact 2012? ...
U.S. Supreme Court, Civil Litigation
Collateral estoppel: Benefits of class certification denials may be elusive
By Eric B. Kingsley
Why 2012 is looking up for plaintiff-side class action attorneys. ...
Constitutional Law
FCC broadcast indecency case: Which gets protected — First Amendment or children?
By John F. Stephens
Does policing curse words and nudity on broadcast television make sense in the cable era? ...
Books, Alternative Dispute Resolution
Restorative justice: a movement that looks beyond our current legal system
By Jan Frankel Schau
Rather than focusing on the offense, restorative justice puts victims and the larger community first.
The U.S. Supreme Court's decision that ministers cannot sue churches could spell trouble. By Erwin Chemerinsky of the Universi...
Civil Litigation, Intellectual Property, Entertainment & Sports
Kanye West and his copyright infringement woes
By Dan D. Nabel
Do those copyright lawsuits that do not kill Kanye West only make him "stronger?"
A review of last year's court decisions dealing with important insurance issues.