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Insurance

The continuing relevance of 'conditions'

Sep. 14, 2013
By Rex Heeseman

For a while few decisions addressed "conditions"; insurer success changed that dynamic. ...


Alternative Dispute Resolution

The best way to win is to avoid a fight

Sep. 14, 2013
By Jan Frankel Schau

It may surprise 21st century litigators to know that military strategist Sun Tzu famously said, "The supreme art of war is to ...


Government, Banking

Sham suits and securitizers

Sep. 14, 2013
By Robert Hockett

It might be helpful to show why the banks' putative legal claims in the Richmond mortgage seizure case have no merit. ...


Securities, Civil Litigation, Corporate

Litigation threat in sheep's clothing

Sep. 13, 2013
By James N. Kramer, M. Todd Scott

Recently, activist shareholders have taken up an unexpected strategy of attack, one that is not only sanctioned by the courts,...


Judges and Judiciary

Wearing the robe: judging in today's courts

Sep. 12, 2013
By James P. Gray

We all know that we have three branches of government, but where do judges really fit within that system, and what is it like ...


Alternative Dispute Resolution

The value of face-to-face negotiation

Sep. 11, 2013
By Robert S. Mann

Communication in mediation is highly nuanced and physical presence has a huge impact upon the success of that communication.


Fortunately, California can at least boast state legislators who are too busy to be snapping "selfies" as they consider Senate...


Intellectual Property

Unravel the 'confusion' over hearsay in trademark litigation

Sep. 10, 2013
By James B. Hardin, Tyler J. Woods

Trademark litigants often seek to present testimony from their own employees regarding customers' confusion; are such statemen...


Law Practice

I am not a crook (quotes omitted)

Sep. 10, 2013
By Arthur Gilbert

I'm adopting those words, now let me explain to you why I am not a crook.


Criminal, Constitutional Law

States clash on warrantless searches of cellphones

Sep. 7, 2013
By Scott A. Sugarman

Two state supreme courts -- Florida and California -- recently came to diametrically opposed conclusions on the matter.


U.S. Supreme Court, Government, Constitutional Law

A proposed law in the state would declare void any federal legislation that assumes powers not granted in the U.S. Constitutio...


Now it's official. The IRS says that anyone who is legally married is married for federal tax purposes. ...


Tax opinion just might make or break the case

Aug. 31, 2013
By Robert W. Wood

Does an opinion get you out of penalties if the IRS disagrees with your treatment? It depends. ...


Labor/Employment

Genetic information and your workplace wellness programs

Aug. 28, 2013
By Kristin L. Oliveira

Certain financial incentives in the ACA will motivate employers to create or supplement work wellness programs. As they do so,...


Insurance

Latest IRS targeting scandal may hit lawyers

Aug. 26, 2013
By Robert W. Wood

The Internal Revenue Service may be taking a page from the books of defense lawyers as it simultaneously defends itself and go...


Books

A rare glimpse of LA law in the 19th century

Aug. 26, 2013
By Michael L. Stern

Paul Bryan Gray's biography of Francisco P. Ramirez, one of the few concerning any Los Angeles attorney, traces the tumultuous...


Judges and Judiciary, Civil Rights

The basic principles of receivers

MCLE
Aug. 26, 2013
By Elia V. Pirozzi

Earn MCLE credit reviewing the basic principles regarding receivers.


In light of a recent circuit court decision, private equity firms may start to be - either in reality or at least in presentat...


Intellectual Property

USPTO pro bono program eases 'game of kings' patent concerns

Aug. 15, 2013
By Stuart Meyer, Robert Pimm

The America Invents Act sought to make the patent system more accessible to small inventors of modest means, and the results a...


Law Practice

Rethinking CEQA

Aug. 15, 2013
By Timothy A. Tosta

CEQA has evolved into an expensive, inefficient and burdensome mechanism for maintaining the physical "status quo." ...


Government, Bankruptcy

Detroit and the decline of American cities

Aug. 15, 2013
By Gideon Kanner

The vaunted return to cities is no more than a trickle of increasingly elderly empty nesters and childless yuppies - hardly a ...


Decision stings insureds, though impact overstated

Aug. 14, 2013
By Kurt W. Melchior

It has been widely reported that this June the 2nd Circuit overruled a seminal decision regarding excess insurance. That turns...


Entertainment & Sports, Criminal

Poker, so the argument goes, is a game of "skill," not "chance"

Aug. 14, 2013
By Dennis M.P. Ehling, Stephen Schrier

A debate has been ongoing in law enforcement and gaming circles over whether operators of online poker sites could be prosecut...


U.S. Supreme Court, Constitutional Law

In two cases, the Obama administration has taken a position strongly favored by the religious right and opposed by civil liber...


Corporations, elections and buy-sells, oh my

Aug. 13, 2013
By Robert W. Wood

It all depends, of course, but what should be your default corporate form? ...


U.S. Supreme Court, Labor/Employment

On your marks, get set, time's up

Aug. 10, 2013
By Michelle L. Roberts

The U.S. high court will hear arguments this fall on when the limitations period for ERISA claims begins to run - yet it is we...


Tax

IRS still hunting for misclassified workers

Aug. 9, 2013
By Robert W. Wood

A recent report by the IRS inspector general says the despite the agency's efforts, employers are still getting it wrong, leav...


Alternative Dispute Resolution

Pivot towards settlement

Aug. 9, 2013
By Robert S. Mann

Have you ever noticed how important the "pivot" is in a multitude of athletic endeavors? Golf, basketball, baseball, and a sle...


Civil Litigation, Alternative Dispute Resolution

Where can we look for protection of potential intrusion on our individual privacy through unauthorized access to personal elec...


Criminal

Propostion 35 changes the law to reflect the realities of human trafficking in California. ...