In his new book, "Left to the Mercy of a Rude Stream: The Bargain That Broke Adolf Hitler and Saved My Mother," Loyola Law Sch...
Law Practice, Alternative Dispute Resolution
The zen of mediating difficult issues with emotional parties
By Stacy La Scala
Mediation can be an extremely constructive and fulfilling process resulting in a mutually agreeable resolution. However, resol...
Law Practice, Judges and Judiciary, International Law
Sitting down with the Bailiff of the Bailiwick of Guernsey
By Julie L. Kessler
Attorney-at-large Julie Kessler spoke to the Bailiff, Sir Richard John Collas, in his chambers in the Bailiwick earlier this ...
U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
Supreme Court adds to growing list of 9th Circuit reversals
By Lawrence Waddington
Judge Waddington runs through some of the most recent 9th Circuit cases that have been reversed by the U.S. Supreme Court.
Percentage-based legal representation has long-been an accepted method by which most ordinary consumers obtain legal represent...
New DOJ guidance may curb the appointment of compliance monitors
By Justin Givens
During a speech delivered last month at the NYU School of Law Program on Corporate Compliance and Enforcement, Assistant Attor...
International Law, Intellectual Property
Enforcing intellectual property rights in China: challenges and surprises
By Kory Christensen
In recent years, the number of foreign companies litigating in China has surged with progressively more positive outcomes. The...
Alternative Dispute Resolution
Lessons in communication through mediation you didn’t learn in law school
By Jan Frankel Schau
Unfortunately, lawyers are seldom taught or trained in how best to communicate (other than with a jury or judge in the ultimat...
Civil Litigation
Northern District releases guidance for class action settlements
By Michael W. Scarborough, Nadezhda Nikonova
The Northern District of California comprehensively updated its Procedural Guidance for Class Action Settlements on Nov. 1, 20...
U.S. Supreme Court, Environmental & Energy
Only an actual habitat can be designated a ‘critical’ habitat
By Michael M. Berger
In one of its early decisions this term, the U.S. Supreme Court decided to give us all a lesson in the proper use of the Engli...
A recent appellant ruling is a good review for both civil and criminal practitioners of the nuances of admissibility of docume...
On Nov. 21, the Internal Revenue Service and Department of Treasury issued Proposed Regulations Section 20.2010-1 to provide g...
Health Care & Hospital Law, Education Law, Appellate Practice
Appellate court ruling got it right on immunization exemptions
By Dorit Reiss
Last week, the California Court of Appeal rejected a challenge to California’s new immunization law. In June 2015, California’...
Law Practice
Apple’s new iPad Pro can help bring your law firm out of the paper age
By Paul R. Kiesel
It has been quite a long time since I reviewed the iPad Pro. With the recent introduction of iPad Pro 12.9 and 11-inch, it is ...
Entertainment & Sports, Contracts
Entertainment contracts with minors: clarification needed
By Neville L. Johnson, Douglas L. Johnson
While significant steps have been taken to protect both the interests of the entertainment industry and of the minors employed...
California Supreme Court, Appellate Practice
Issue and claim preclusion in the wake of Samara
By Sarah Hofstadter
In a unanimous opinion issued earlier this year, the California Supreme Court made a major change in our state’s law in the ar...
Labor/Employment, California Supreme Court, California Courts of Appeal
As easy as “ABC,” but not exactly in California
By Kevin D. Whittaker, Lara F. Graham
A recent ruling demonstrates that multiple tests for independent contractor status continue.
While the cause of natural disasters is beyond our control, and stopping foreign governments’ malicious cyberattacks is daunti...
Civil Litigation, Appellate Practice
Stay what?
By James C. Martin, David J. de Jesus
Notices of appeal can get you less than you might think
Ethics/Professional Responsibility
Restoring civility in divisive times
By A. Marco Turk
Welcome to the brave new world of legal ethics and professional responsibility.
Legal services tend to fall into three general categories when it comes to estimating fees: the “almost certainly” predictable...
With apologies for various maritime metaphors, here are some examples of mediation buzzkill and ways to avoid it.
Law Practice, Ethics/Professional Responsibility
What not to do when receiving a legal malpractice claim
By Shari L. Klevens, Alanna G. Clair
Emotionally charged decisions made in response to the receipt of a claim rarely end well.
The July 2018 California bar exam overall pass rate of 40.7 percent, the lowest in 60 years, has renewed intense discussion of...
Social media has revolutionized the way people communicate, socialize and stay in touch. In terms of users, the social media r...
Government
Everything you’ve been dying to know about cemetery districts
By Jolena E. Grider
A little-known subset of local government law is the law that applies to special districts, like cemeteries.
Finding a fit
By Myron Moskovitz
Past retirement age and still talking about growing up.
The reform law, as written, appears to repeal the second-degree felony-murder rule altogether.
U.S. Supreme Court, Civil Litigation, Alternative Dispute Resolution
By looking at this column readers agree to arbitrate everything
By Eric B. Kingsley
For those of us who thought it couldn’t get much worse for consumers and employees, the 11th Circuit just decided to kick it u...
State Bar & Bar Associations, Law Practice
Public protection demands a diverse and inclusive legal system
By Jason P. Lee, Leah Wilson
The State Bar of California is embarking on a comprehensive review of the discipline system for bias, including racial, ethnic...