The California Law Revision Commission wants to amend state law to pierce the veil of mediation confidentiality in cases where...

In a recent case, the state high court fell in line with most of the rest of the country when it comes to the enforceability o...

The sooner the courts can help themselves to a clearer "self-help" doctrine under Brady, the better off prosecutors and...

Is there a way for a judge to "look up" the ordinary meaning of a word in a statute other than by using a dictionary? The acad...

Does California, for all its pride in our supposedly progressive legal history, have much to boast about? By Dan Lawton ...

Last week, the state high court issued a long-awaited decision involving independent counsel in insurance litigation - and com...

Judge Lucy Koh recently issued a ruling finding the Fourth Amendment requires a warrant prior to collecting cell data. A week ...

This last term, the U.S. Supreme Court decisively rejected Justice Antonin Scalia's restrictive approach to interpreting the C...

Adults with developmental disabilities are receiving deficient legal services in limited conservatorship proceedings. By Thoma...

Is the price we pay for the privilege of free speech that we have no control whatsoever over our Internet presence? ...

Asserting tax merely based on the law license wasn't allowed in one recent case, but it may not be a stretch to consider the a...

A federal Court of Appeals recently said victims of data breaches need not allege that their money or their identity were stol...

Two recent decisions embrace the "pro-insurer" trend in connection with "what is an accident." ...

Recent federal court challenges to SEC administrative proceedings have had mixed results. ...

This week, the state high court said that an insurance company can sue independent counsel directly for reimbursement of "unre...

Last week, the California Law Revision Commission voted to draft a recommendation removing our current confidentiality protec...

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...