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Constitutional Law

Mixed causes of action get mixed anti-SLAPP results

Feb. 17, 2015
By Stephen L. Raucher

The state Supreme Court should resolve the matter of to what actions the anti-SLAPP statute can be applied.


Law Practice

To focus on relatively minor fluctuations in recent years is to miss the forest for the trees. By David A. Lash, Scot Fishman ...


Lawyers who have tried virtual practice discuss how it worked out and the tech they used.


Law Practice, Government

Lawyer Lincoln's lesser-known lighter side

Feb. 13, 2015
By Michael L. Stern

Today, the 206th anniversary of the birth of Abraham Lincoln on Feb. 12, 1809, is a good time to reflect on some of the humoro...


Courts wrangling with contours of 'social host' liability

Feb. 11, 2015
By Brian S. Kabateck, Doug Rochen

Liability for selling, furnishing or causing to be sold alcohol to an "obviously intoxicated" minor is a strictly construed ex...


Appellate Practice

Legal system without appeals should raise eyebrows

Feb. 11, 2015
By Thomas F. Coleman

Our legal system presupposes a considerable number of contested hearings and a fair number of appeals. Appellate courts play a...


Government, Administrative/Regulatory

Internet regulation: full steam ahead?

Feb. 11, 2015
By Bennett L. Ross

Tom Wheeler is now poised to regulate the Internet under Title II of the Communications Act, which was enacted in 1934 but mod...


Letters, Labor/Employment

We're building jobs here, not a canal

Feb. 10, 2015
By Anthony J. Oncidi

James P. Gray's story in a recent column reminded me of an anecdote attributed to the late Milton Friedman.


Letters, Labor/Employment

Wage articles lack concrete examples

Feb. 10, 2015
By Frank Pray

Two recent guest columns were kindred, if not twins in argument. Abstractions aside, each argued that the minimum wage distort...


Alternative Dispute Resolution

Protect investigation integrity in mediation

Feb. 7, 2015
By Jan Frankel Schau

The tension between the confidentiality of workplace investigations and the litigation process they serve remains is a complic...


International Law

Cybersecurity or protectionism?

Feb. 7, 2015
By Pooja S. Nair

In the past few months, Chinese agencies have enacted several regulations that may impact U.S. corporations operating in China...


Civil Rights

You've come a long way, baby — Part III

Feb. 7, 2015
By Julie L. Kessler

"Never underestimate the power of a woman." That is truer today than perhaps at any other time in modern history. And sadly, n...


Health Care & Hospital Law

Reform long overdue for conservatorship process

Feb. 6, 2015
By Thomas F. Coleman

The conservatorship process for adults with developmental disabilities is broken. By Thomas F. Coleman ...


Government, Administrative/Regulatory

Looming FCC vote could shake up Internet regulation

Feb. 6, 2015
By Ara R. Jabagchourian

On Wednesday, Tom Wheeler, chairman of the Federal Communications Commission, proposed regulating Internet service as a public...


Labor/Employment, Government

Although government performs necessary services and provides an infrastructure that facilitates the production of wealth, it a...


Labor/Employment

Protect the value of human assets

Feb. 5, 2015
By John S. Claassen

The sustained automation of low- and middle-income wage jobs has given rise to a tension between the regulation of employment ...


Civil Litigation, Letters

Opposing a motion to compel arbitration

Feb. 4, 2015
By Joshua H. Haffner

I write in response to the article by the Judge William F. Highberger concerning arbitration. ...


Health Care & Hospital Law, Administrative/Regulatory

In 2000, the Centers for Disease Control announced the eradication of measles. But a decade later and a half later, measles ca...


Judges and Judiciary

Your sentence: public shame

Feb. 3, 2015
By Arthur Gilbert

I despise the aphorism, "There is more than one way to skin a cat," but it is my opening to discuss the au courant practice of...


The criminal defense attorney best known for his work on behalf of the notorious.


Law Office Management

Embrace Parentheticals

Feb. 2, 2015
By William Domnarski

Concise arguments may be made using the (oft-ignored) parenthetical. ...


Alarming self-inflicted mootness ruling

Jan. 31, 2015
By Amy P. Lally

A recent decision represents a minority approach to a common pleading defect but, should this approach become common practice,...


Government, Contracts

New laws change landscape for public projects

Jan. 31, 2015
By Michael J. Maurer

The expansion of the law shows a continued legislative policy to close any loops that may have enabled construction to proceed...


Buyer's remorse breeds buyer's recourse

Jan. 31, 2015
By Louie H. Castoria

Having consented to a settlement, a settling party who later develops buyer's remorse cannot simply back out of the agreement....


Civil Litigation

Vacating judgments when service fails

Jan. 31, 2015
By Daniel Brenner

When can a default judgment be vacated for claimed lack of service of the summons and complaint? By Daniel Brenner ...


These days, being a partner in a law firm may not mean what it used to mean. Specifically, in law firms, at least, being named...


Civil Litigation, Appellate Practice

Since at least the 1940s, companies have monitored telephone calls between their customers and customer-service employees. So ...


U.S. Supreme Court, Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals

The constant judicial struggle to resolve individual freedom and public safety continues endlessly in state and federal courts...


Mergers & Acquisitions

Private equity PIPE dreams in 2014

Jan. 28, 2015
By Jason Freedman, Eric Issadore

While 2014 started off with a bang for private equity, deal activity slowed after the first quarter as investors got spooked b...


Government, Administrative/Regulatory

Net neutrality's parallels to rock 'n' roll

Jan. 27, 2015
By Pantelis Michalopoulos

Net neutrality is to the millennial online community what rock 'n' roll was to the young in the 1960s: it has changed the worl...