There is no doubt that the MDL promotes efficiency. It allows hundreds of related cases to proceed smoothly by avoiding duplic...

Enacted in 1926 when federal courts could develop federal common law, Congress assumed the Federal Arbitration Act's scope of ...

A recent ruling added a significant limitation on the doctrine in class cases. ...

When the pessimist and optimist meet at mediation, the parties and their lawyers may bring a host of biases to the negotiation...

Or so observer Neil Sedaka tunefully commented, but sometimes it's better than allowing a failed attorney-client relationship ...

It is beyond rational debate that California's Assembly Bill 465 is preempted by the Federal Arbitration Act. ...

Obama's recently announced Clean Power Plan may just be the most important regulation you've never heard of. ...

When he shot the celebrated lion in Zimbabwe, did Dr. Walter Palmer violate U.S. law? And could he be extradited? ...

Most litigators have no trouble being aggressive. But they think being reasonable is the opposite of being aggressive. It isn'...

It's frustrating to work in a field of the law that very few understand and many others distort, like civil asset forfeiture. ...

How can individual appellate judges have the ability to issue controversial orders without the concurrence of at least one oth...

What if I couldn't see the attorneys making arguments in my court? It would likely erase any doubts about objectivity and fair...

The last few years have seen an explosion in focus on offshore filing compliance. Most non-U.S. financial institutions can han...

While teachers can obtain "workplace violence" protective orders against students who threaten them, other students may be lef...

Wherever you fall on the gun control issue, no remotely rational person can deny that we've had an extremely bad run of late. ...

Last week, a court said individuals whose credit card numbers were stolen by cyberthieves have standing to sue, even though th...

For years, state courts have languished as a jurisdiction for claims under the Securities Act of 1933, but unexpected developm...

The 9th Circuit recently heard argument in a case accusing a supplement maker of falsely advertising its beverage product as c...

Earn credit learning about common issues in business litigation, such as piercing the veil, sealing records and respondeat sup...

Are attorneys entitled to a do-over if the court denies their first request for relief from a default? The state high court re...

It may be time to scrap the centuries-old independent contract versus employee dichotomy and recognize intermediate categories...

On Monday, the California Supreme Court clarified once and for all whether a couple may be "living separate and apart" while t...

An op-ed piece last week expresses his displeasure with U.S. Supreme Court Justice Stephen Breyer's recent dissent that questi...

Most employment cases - whether wage and hour, discrimination, wrongful termination, etc. - produce taxable damages. But are t...

This week, California revised a law that had allowed citizens to be convicted of felonies for transporting personal-use amount...

If the moral clarity of "To Kill a Mockingbird" is slightly too perfect, narrated as it is through a child's eyes, then "Go Se...

Two recent Court of Appeal decisions are rare rulings addressing California's Costa-Hawkins Rental Housing Act. ...

Justice Breyer ignores the necessity of precedent or reference to the Constitution. ...

Should marijuana businesses pay tax on gross profits or net profits? The 9th Circuit grappled with the question last week. ...

S.D.N.Y. Judge Jed Rakoff recently authored an opinion in a 9th Circuit insider trading case. It's the latest by the influenti...