Civil Litigation, Insurance
Song Beverly Act Violations: Don’t Forget About Insurance
By Linda D. Kornfeld
To reduce exposure to privacy-related litigation, retailers should review their current insurance policies and update them if ...
An action should qualify as "discriminatory" if the main motivation behind it is unlawful.
Constitutional Law
The Best Antidote to Hate Speech Is More Speech
By Stephen F. Rohde
Staying true to the First Amendment requires that we allow all kinds of speech, even those which society deems offensive. ...
The objective test set by the Supreme Court for Confrontation Clause cases actually opens the door to greater subjectivity fro...
If the legal system had it's version of the Academy Awards, who would win the honor of Best Picture?
Alternative Dispute Resolution
Old Civil Discovery Act Versus New e-Discovery Rules
By A. Marco Turk
The need to preserve "electronically stored information" has created new duties for lawyers. ...
Civil Rights, Books
Honoring the True Heroes of the Civil Rights Movement
By Michael Waterstone
A recount of the African American struggle for voting rights that focuses on the real heroes of this movement. By Michael Wate...
Civil Litigation, Law Practice
Professional Tools for Litigators: Settlement Conferences
By James P. Gray
Tips for steering a case toward a settlement.
Do not underestimate the importance of building trust in your professional relationships. ...
California Supreme Court, Alternative Dispute Resolution
Mediation in California, Now Officially A Safe Haven for Attorney Malpractice
By J. Daniel Sharp
The judiciary has adopted an interesting interpretation of legislative intent as it applies to California's mediation confiden...
California Supreme Court, Alternative Dispute Resolution
Mediation, Confidentiality and Anarchy: The California Nightmare
By Jeff Kichaven
California's mediation confidentiality statute is a recipe for disaster.
Recent ethical concerns regarding certain U.S. Supreme Court justices call for change in law. By Erwin Chemerinsky of UC Irvin...
Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals
Appealability of Anti-SLAPP Orders In California and the 9th Circuit
By Alana H. Rotter
Do the current anti-SLAPP provisions strike the right balance? ...
The recent spike in disability-related claims should motivate all employers to review their legal obligations.
Politicians should be willing to sacrifice their personal careers for the sake of rebuilding America. ...
How to exclude income earned overseas from your U.S. taxes. ...
Civil Litigation, Health Care & Hospital Law
Will Tort Reform Reduce Health Care Costs?
By Bruce G. Fagel
The reality of tort reform is that it would have little impact on reducing health care costs.
A lesson learned about the corrosive effect of impatience. ...
How today's technological capabilities can launch tomorrow's courtroom. ...
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. ...