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Labor/Employment, Government

Lessons for California's minimum wage proposal

Jul. 2, 2014
By Timothy J. O'Connell

Los Angeles officials considering raising the minimum wage to $15.37 an hour for workers in large hotels should heed lessons l...


Judges and Judiciary

Do daughters affect judges' rulings?

Jul. 2, 2014
By Michael P. Linfield

The results of a recent study were clear: "Judges with daughters consistently vote in a more feminist fashion on gender issues...


Civil Litigation, Judges and Judiciary

Small claims court: an underused tool

MCLE
Jun. 30, 2014
By Robert Steven Harrison

The object of this article and self-study test is to provide an introduction to small claims court.


U.S. Supreme Court, Labor/Employment, California Supreme Court

Iskanian: Arbitration's got a brand new bag

Jul. 1, 2014
By Steven B. Katz

It took a great deal of prompting from the nation's high court to make California fall in line.


Alternative Dispute Resolution

Top 10 blunders to avoid in mediation

Jun. 28, 2014
By Robert S. Mann

Here's a semi-satirical Top Ten list of the absolute best ways to destroy any chance of settling a case at mediation. ...


Taxpayer rights and selective disclosure

Jun. 28, 2014
By Robert W. Wood

Does the IRS "Taxpayer Bill of Rights" include a right to selectively disclose documents, such as emails? ...


Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals

The wage and hour plaintiffs' bar was recently faced with two potentially game-ending blows emanating from the state high court.


Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

Characters rights, not so elementary

Jun. 26, 2014
By Allison S. Brehm, Eric May

Why can Mickey Mouse, Rocky Balboa and Tarzan be copyrighted, but not Sam Spade of "The Maltese Falcon" or Regan from "The Exo...


Administrative/Regulatory

Mining for big data: What is next for data brokers?

Jun. 26, 2014
By Mary Ellen Callahan, Sabrina N. Guenther

Everyone is talking about data brokers. All seem to agree that some legislation is needed to regulate this already pervasive b...


Environmental & Energy

Legal risks of fracking bans are real

Jun. 25, 2014
By Jeffrey Dintzer, Nathaniel Johnson

Unfortunately, some parties are unsatisfied with the comprehensive system of fracking regulations developed under SB 4. By Jef...


U.S. Supreme Court

High court to consider what constitutes a true threat

Jun. 24, 2014
By Michael J. Raphael

The case may resolve a split between the 9th Circuit and the California Supreme Court as to whether proof of subjective intent...


U.S. Supreme Court, Civil Litigation, Labor/Employment

High court let ERISA split endure

Jun. 24, 2014
By Corbin K. Barthold

Some of the perdurable mysteries that make law a jealous mistress abide in terribly mundane places, like ERISA Section 502(a)(3).


Native Americans

A recent decision is the Supreme Court's most explicit endorsement of tribal sovereign immunity in almost two decades. ...


Constitutional Law

Free speech and community standards

Jun. 20, 2014
By Julie L. Kessler

Free speech advocate Julie L. Kessler on why Facebook's definition of acceptable speech has her puzzled. ...


California Supreme Court

The court has essentially closed the door on future attempts to shoehorn more claims under the seemingly broad term "disparage...


The legal battle over the definition of "all natural" foods is turning its attention from the courtroom to the farmland.


State laws fail to keep up with the billowing cloud

Jun. 18, 2014
By Brian S. Kabateck, Shant A. Karnikian

California's consumer protection laws are failing to keep up with the inevitable advances in data management and storage.


U.S. Supreme Court

Justices give cops too much deference

Jun. 18, 2014
By Erwin Chemerinsky

Erwin Chemerinsky on how the U.S. high court has made it extremely difficult to successfully sue police for their conduct in h...


Civil Litigation, 9th U.S. Circuit Court of Appeals

A recent signifies the increasing reluctance of the 9th Circuit to consider such claims barred or preempted by considerations ...


Letters, Judges and Judiciary

Simply stated, judges shouldn't be candidates

Jun. 17, 2014
By Richard C. Leonard

A judge should be appointed and should be allowed to remain on the bench as long as he or she appropriately does the job.


Call recording class actions

Jun. 17, 2014
By Edward D. Totino

Things are looking up for companies and businesses accused of violating Californians' privacy rights by recording telephone ca...


Criminal

One little word with a big stick: recidivism

Jun. 17, 2014
By Konrad Moore

The explosive growth of the state's prison population over the past two decades bolsters the maxim that prison is for those wh...


Government

Sex on campus: only 'yes' means yes

Jun. 14, 2014
By Barbara S. Bryant

To effectively address the serious and escalating problem of sexual assaults on college campuses, we must create a culture of ...


Alternative Dispute Resolution

The value of a hearty handshake in negotiations

Jun. 14, 2014
By Jan Frankel Schau

In modern day legal transactions, so much of the negotiation is done via Internet, that we may have lost the fine art of a gen...


Civil Litigation, Health Care & Hospital Law

Over the next five months leading up to the November election in California there will be a lot of myths and false information...


Government, Criminal

DOJ should expand recording 'presumption'

Jun. 13, 2014
By George B. Newhouse Jr.

Effective July 11, the FBI will begin to record, by video or audio, interrogations of suspects recently taken into custody. It...


Health Care & Hospital Law, Criminal, Administrative/Regulatory

Selling heroin's lethal cousin

Jun. 13, 2014
By Robert C. Fellmeth

OxyContin and related opioids have become their own vehicle for fatal addiction, an expansion stimulated by irresponsible mark...


Labor/Employment

High court ensures continued split on ERISA remedies

Jun. 12, 2014
By Michelle L. Roberts

Nothing about remedies under the Employee Retirement Income Security Act is well-settled and the U.S. Supreme Court recently d...


Judges and Judiciary, Constitutional Law

Are judicial elections a fraud on voters?

Jun. 12, 2014
By Aram B. James

Can judicial campaigns play a role in educating voters about our judicial system, or will they remain a pretext to defraud the...


Administrative/Regulatory

The unforeseen privacy issues of wearable tech

Jun. 12, 2014
By Hsiao C. Mao, Jonathan H. Yee

Users are likely unaware that personal wearables are being used to help spearhead the next generation of consumer behavioral s...