Under the pressures of judicial questioning, lawyers too often fail to stop and think during oral arguments, writes Benjamin G...
Litigation Might Be Evolving at the Expense of Vulnerable Clients
By Rafael Chodos
Litigation has become a full-blown industry - so what does that mean for the vulnerable clients who need sound legal advice, a...
It is now settled that only the named plaintiffs asserting a representative Unfair Competition Law claim are required to meet ...
"Libel tourism" - when suits are filed in plaintiff-friendly Britain - is a direct threat to Americans' right of free speech, ...
It remains a mystery why a 2nd Circuit panel that includes Judge Sonia Sotomayor has yet to rule on an important environmental...
Some of the upcoming significant U.S. Supreme Court decisions on punitive damages will focus on jury instructions. ...
Keeping close tabs on your physical well-being can actually make you a better lawyer. ...
The state high court was right to preserve the class action as a crucial device for remedying harms suffered by large numbers ...
California Supreme Court
Point: Class Action Satisfaction
By Jeffrey A. LeVee, Christopher J. Lovrien
The California Supreme Court's decision in In re Tobacco II Cases destroys Proposition 64 even as it purports to implem...
There are long-standing splits on what principles separate a criminal deprivation of one's "honest services" from a civil or e...
A recent ruling addressing the Stringfellow Acid Pits process that insurance policies involving pollution clauses can get quit...
A New Information Superhighway
By Jennifer R. Bush
The Patent Prosecution Highway, a pilot program between the U.S. and Japan, was created to speed up prosecutions for internati...
Environmental & Energy
A Potentially Game-Changing Ruling on CERCLA Liability
By Jeffrey Dintzer
Gibson, Dunn & Crutcher lawyers dissect a U.S. Supreme Court Decision they say has both sharpened and added powerful arrow...
Taking the concept of transferability of intellectual property rights too far has the potential to cause problems. ...
In Tough Times, the Tale of One of Literature's Toughest Mothers Endures
By Joseph H. Cooper
Joseph H. Cooper finds lessons for these tough times in the Joad family saga from John Steinbeck's "The Grapes of Wrath." ...
Erwin Chemerinsky implores employed lawyers to help their colleagues who have been laid off because of the economic downturn.
What Shakespeare had to say about law and language - language he largely shaped - applies today with extra force.
Judges and Judiciary
How to Secure Yourself a Spot on the Road to Infamy
By Arthur Gilbert
Justice Arthur Gilbert ponders how to go about getting various L.A. landmarks named after himself. ...
Judges and Judiciary, Books
From Day-to-Day Realities to Core Values, a Lesson in 'Wearing the Robe'
By Andrew J. Guilford
More than just a how-to book, "Wearing the Robe" can instruct and inspire judges and lawyers, writes Judge Andrew Guilford. ...
Law Practice
Is Law Bringing Meaning to Your Life? Then Call It a Calling
By Timothy A. Tosta
Lawyers should take the time to survey whether they're getting all they can out of their careers. ...
The California Supreme Court should not determine the fate of Proposition 8 with a decision that treats ballot initiatives as ...
A recent Supreme Court ruling creates a legal loophole whereby governments could engage in viewpoint discrimination. ...
At no time in history has valuing IP assets been so crucial, writes John F. Stephens. ...
Lawyers must analyze words as much as legal concepts before deducing legal conclusion.
The early signs from the Obama administration seem promising for a new era of cooperative federalism in environmental policyma...
Civil Rights
Whatever the Prop. 8 Outcome, Some Families Will Be Stuck in Legal Limbo
By Mary Ellen Waller
Questions will remain surrounding the many people who entered into same-sex marriages during the window when it was legal. ...
The right to appeal becomes a hollow one if counsel does not follow the correct protocol for obtaining a stay.
In a distressing economy, lawyers should walk a line between groundless optimism and paralyzing fear. ...
Recent decisions pulling back on the genuine dispute doctrine are an apparent response to insurers' over-utilization of this d...
Searching for Possible Madoff Punishments That Fit the Crime
By Joseph H. Cooper
Incarcerated prisoners offer a unique perspective on what fate should await pyramid schemer Bernard Madoff. ...