Ethics/Professional Responsibility, Alternative Dispute Resolution
Your mediation reputation matters
By Rosemarie Chiusano Aubert
While mediation techniques can be taught, a lawyer's reputation as a negotiator--shaped by professionalism, preparation, and c...
State Bar & Bar Associations, Alternative Dispute Resolution, Administrative/Regulatory
Navigating the complexities of SB 940: The debate over voluntary certification and its challenges
By John Derrick
As the State Bar struggles to implement SB 940's vague mandate for ADR certification, philosophical divisions and practice cha...
Alternative Dispute Resolution
Meet mass arbitration's new manager: The process arbitrator
By Janice L. Sperow
As mass arbitration cases multiply, a new approach to managing procedural complexities offers potential benefits to all parties.
Alternative Dispute Resolution
Your case, your call: Rethinking mediator's proposals
By Jeff Kichaven
A Mediator's Proposal can be a powerful settlement tool if used thoughtfully and collaboratively, but mishandling it - especia...
Insurance, Alternative Dispute Resolution
Want a better settlement? Play nice, win big
By Steven M. Sepassi
When a plaintiff's attorney works cooperatively with an insurance company, they create an atmosphere of transparency and open ...
Judges and Judiciary, Alternative Dispute Resolution
How ditching the gavel helps settle the score
By Geoffrey A. Goodman
The art of disrobing: how one retired judge balances judicial authority with approachability to maximize settlement results.
International Law, Alternative Dispute Resolution
Inside China's rapidly evolving arbitration landscape
By Xinying Huang
China's arbitration system has rapidly evolved into a key mechanism for domestic and international dispute resolution, marked ...
LA Fires, Alternative Dispute Resolution
Fires, lawsuits and the Olympic clock: Can ADR save LA?
By Howard B. Miller
Los Angeles' future depends on ADR as fire-related lawsuits threaten massive disruptions.
Law Practice, Alternative Dispute Resolution
Choosing the right partner: Tips for lawyers, entrepreneurs and business leaders
By Bill VanDeWeghe
Choosing the wrong business partner can lead to costly and frustrating mistakes, but by paying close attention to their behavi...
Contracts, Alternative Dispute Resolution
Arbitration or litigation: Making sure your agreement doesn't miss the mark
By Ellen S. Robbins, Scott Allbright
In California, businesses must ensure their arbitration provisions are clearly written, explicitly consented to, and compliant...
Choosing the right arbitrator is critical in commercial arbitration; key factors to consider include the arbitration agreement...
Tax, LA Fires, Insurance
Insurance payments, bad faith claims and taxes
By Robert W. Wood
Insurance payments, including those for wildfire-related damages or bad faith claims, can be tax-free under certain conditions...
Tax
Tax-exempt advocacy under pressure: The diverging paths of 501(c)(3) and 501(c)(4) organizations
By Roberto Escobar
Amid rising political scrutiny and legal uncertainty, California nonprofits must navigate shifting rules and rising risks arou...
Civil Procedure
Why AB 1189 is shortsighted when new court reporter licensee numbers are surging
By Stephanie Leslie
AB 1189 pushes an unnecessary and costly shift to digital recording in court reporting, ignoring rising enrollment, proven lic...
Criminal
The boomerang of lawfare: Letitia James faces her own legal reckoning
By Baruch C. Cohen
Letitia James, the New York AG who vowed to "get Trump," is now facing a potential federal criminal probe after the FHFA accus...
Immigration, Government
A constitutional crisis in our legal system
By Nanci E. Nishimura, David Hollenberg
The illegal deportation and continued imprisonment of Kilmar Abrego García--despite court orders and government admissions of ...
Attorneys often struggle with character evidence frequently overlooking objections. This article introduces a practical, memo...
Government, Constitutional Law
Do the El Salvador deportations leave due process in the dust?
By Paul Stanton Kibel
The El Salvador deportations highlight how the Trump Administration may have manufactured foreign entanglements to bypass dome...
Entertainment & Sports, Contracts
How women athletes can harness NIL's momentum for long-term wealth
By Frank N. Darras
As professional salaries in women's sports remain underwhelming, female college athletes are uniquely positioned to maximize ...
Criminal
The Menendez case: Rethinking justice through trauma and adolescent development
By Christopher Hawthorne
In 1989, the shocking murders of Jose and Kitty Menendez sparked immediate public reaction, yet their sons, Lyle and Erik Mene...
Laws have largely failed to prevent AI generated impersonations and technology companies aren't helping.
California Supreme Court
'Unfairness' in consumer protection cases: the latest from the California Supreme Court
By David M. Axelrad
In Capito v. San Jose Healthcare, the California Supreme Court addressed the scope of "unfair" business practices un...
When divorcing couples attempt to mediate property division after a natural disaster, they face heightened uncertainty around ...
Judges and Judiciary, Government
Let the sunshine in: a bipartisan push for transparency in federal courts
By Laura W. Halgren
The Sunshine in the Courtroom Act and related bills aim to increase public understanding and trust in the federal judiciary by...
LA Fires, Insurance
Navigating the complex insurance landscape of Los Angeles wildfires
By John Petzold
In the aftermath of Los Angeles wildfires, policyholders must navigate complex insurance challenges to secure fair compensatio...
Tax, Securities
Trump repeals crypto reporting rule: What it means for IRS tax compliance and privacy
By Robert W. Wood
President Trump's repeal of a 2024 rule halts mandatory crypto transaction reporting to the IRS, but crypto remains taxable as...
Business Law
How empowering junior associates drives success in high-stakes business disputes and trial outcomes
By Anika M. Prednis
By providing junior associates with hands-on trial experience and meaningful roles in high-stakes business disputes, firms can...
Enjoin some, enjoin all
By David A. Carrillo, Brandon V. Stracener
Concerns about single federal judges issuing nationwide injunctions are overstated as they are a necessary tool for ensuring ...
As lawyers, we should be ashamed that so many in our profession have capitulated to authoritarianism, choosing silence and sel...
A settlement may feel like the end of conflict, but without careful planning, enforcement mechanisms, and foresight, it can ...