Military Law, Criminal
Bowe Bergdahl has been punished enough already
By William W. Bruzzo
Last year's trade of Bergdahl for five Taliban detainees set off a firestrom.
Drawing different conclusions from the same basic facts is not good for the law.
Labor/Employment
Equal pay will benefit us all, so get on board
By Arthur F. Silbergeld
The California Fair Pay Act becomes effective Jan. 1, 2016.
Seven concrete ways to improve your performance at a mediation. By Shirish Gupta ...
It is often unclear whether a court will exclude a party's experts on timeliness grounds if the party makes a belated disclosu...
Attorney-mediator Frederick Hertz reviews "Then Comes Marriage: United States v. Windsor and the Defeat of DOMA." ...
Timothy Sandefur of the Pacific Legal Foundation discusses Robert Scheer's "They Know Everything About You: How Data-Collectin...
Oral argument was once unquestionably necessary because briefs were exactly what their name implies: "a short abstract of the ...
Law Practice
SMICASPA, the privacy ninja, in the marketplace of ideas
By Rafael Chodos
A battle to save privacy is underway in our hyper-commercialized world. By Rafael Chodos ...
Mergers & Acquisitions, Corporate
The battle of business judgment and entire fairness
By Marc Boiron
A discussion of the the Delaware Supreme Court's Corwin decision.
Law Practice, Law Office Management, Ethics/Professional Responsibility
Ethically navigate law firm downsizing
By J. Randolph Evans, Shari L. Klevens
Every termination should be treated with the same level of formality to protect the law firm from any issues arising out of it...
Insurance
Insurers may want to think twice about delaying defense
By Joan Marie M. Cotkin
Trial courts fortunately are starting to confirm that a delayed defense is a breach of the duty to defend, by which the insure...
Civil Litigation, Alternative Dispute Resolution
Mediation confidentiality, good news and bad news
By A. Marco Turk
At their Oct. 8 meeting, the California Law Revision Commission again conducted a series of votes and arrived at a number of d...
The phrase "go set a watchman" is a directive to have someone serve as the moral compass for society. It is clear that Atticus...
Assembly Bill 555 creates new rules for expedited jury trials, while Senate Bill 383 creates a new meet-and-confer requirement...
California's Fair Pay Act is a windfall to lawyers more so than a landmark law for pay equity at this point. By Steve L. Herná...
Twenty years later, what did we learn? A few things.
Two trends are conspiring to create an epochal challenge to American privacy law.
Intellectual Property, 9th U.S. Circuit Court of Appeals
Batmobile ruling not new, but the test is.
By Andrew J. Thomas
The 9th Circuit's ruling finding that the Batmobile is a protectable 'character' is not all that groundbreaking, but what is n...
Criminal VW case may get messy
By Davina Pujari, Christopher D. Jensen
Can the government bring a criminal case against Volkswagen? Some say VW's conduct may not violate the Clean Air Act. By Davin...
Concussion crisis persists despite rules
By Alexander T. Robertson IV
In January, a state law took effect placing certain duties on high school football coaching staff in an effort to limit head-t...
Judges and Judiciary, Criminal, Constitutional Law
Justice illuminates criminal discovery
By Laurie L. Levenson
There is a desperate need for guidance on discovery obligations for both prosecutors and defense lawyers. Justice Brian M. Hof...
U.S. Supreme Court, 9th U.S. Circuit Court of Appeals
High court and 9th Circuit at odds
By Lawrence Waddington
When it comes to federal habeas corpus, it is the 9th Circuit vs. the U.S. Supreme Court.
U.S. Supreme Court, International Law
Eurail suit first of high court term
By Chimene Keitner
In the first U.S. Supreme Court case of the term, the court will consider the commercial activity exception to the Foreign Sov...
Ethics/Professional Responsibility
When your co-counsel is disbarred
By David M. Majchrzak, Heather L. Rosing
What are the ethical considerations in situations when your co-counsel is either suspended or disbarred? ...
This term, the Supreme Court will consider two significant labor law policy issues with broad ramifications. ...
Transportation, Administrative/Regulatory
Drone on in California, at least for now
By Douglas E. Mirell
If the Legislature had its way, California would have the greatest protection against conduct by drone operators that endanger...
Civil Litigation, Letters, Alternative Dispute Resolution
Keep mediation fully confidential
By Fern Topas Salka
Another point of view on the California Law Revision Commission's proposal to limit confidentiality in mediation in the event ...
Intellectual Property, 9th U.S. Circuit Court of Appeals
Batmobile captures copyright protection
By Ashley R. Yeargan, Edward A. Klein
A recent 9th Circuit ruling should help creators of entertainment properties secure copyright protection in their characters. ...
Labor/Employment
When courts fail to explain denial of class certification
By Gene F. Williams
Not all denials of class certification are treated equally, as one defendant in recently learned. ...