Constitutional Law
Mixed causes of action get mixed anti-SLAPP results
By Stephen L. Raucher
The state Supreme Court should resolve the matter of to what actions the anti-SLAPP statute can be applied.
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
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
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
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?
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...
James P. Gray's story in a recent column reminded me of an anecdote attributed to the late Milton Friedman.
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
By Jan Frankel Schau
The tension between the confidentiality of workplace investigations and the litigation process they serve remains is a complic...
In the past few months, Chinese agencies have enacted several regulations that may impact U.S. corporations operating in China...
"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
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
By Ara R. Jabagchourian
On Wednesday, Tom Wheeler, chairman of the Federal Communications Commission, proposed regulating Internet service as a public...
Labor/Employment, Government
Minimum wages: you can't fake reality (forever)
By James P. Gray
Although government performs necessary services and provides an infrastructure that facilitates the production of wealth, it a...
The sustained automation of low- and middle-income wage jobs has given rise to a tension between the regulation of employment ...
I write in response to the article by the Judge William F. Highberger concerning arbitration. ...
Health Care & Hospital Law, Administrative/Regulatory
It's time to limit vaccine exemptions for personal beliefs
By Dorit Reiss
In 2000, the Centers for Disease Control announced the eradication of measles. But a decade later and a half later, measles ca...
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.
Concise arguments may be made using the (oft-ignored) parenthetical. ...
Alarming self-inflicted mootness ruling
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
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
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....
When can a default judgment be vacated for claimed lack of service of the summons and complaint? By Daniel Brenner ...
Who, me? Law firm partners, profits and payroll taxes
By Robert W. Wood
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
The line between wiretapping and quality assurance
By Donald M. Falk
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
Fourth Amendment searches: It's about security, not privacy
By Lawrence Waddington
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
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
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...