Call recording class actions
By Edward D. Totino
Things are looking up for companies and businesses accused of violating Californians' privacy rights by recording telephone ca...
The explosive growth of the state's prison population over the past two decades bolsters the maxim that prison is for those wh...
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
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
MICRA myths about keeping the current damages cap
By Bruce G. Fagel
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'
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
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
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?
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
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...
Letters, Constitutional Law
The First Amendment applies to students, too
By Stephen F. Rohde
Students have every right to exercise their First Amendment by peacefully protesting against their colleges bestowing valuable...
Intellectual Property
Federal Circuit increases burden on copyright trolls
By Ben Depoorter
Last week the U.S. Court of Appeal for the Federal Circuit dealt a severe blow to this Joe Doe lawsuit approach to file-sharin...
The RESPECT Act is the recording industry's latest attempt to have its cake and eat it too, applying only the provisions of co...
Civil Litigation, Health Care & Hospital Law, Government, Administrative/Regulatory
Health care fraud remains a key focus for DOJ
By Thomas P. O'Brien, John J. O'Kane IV
The Medtronic settlement is yet another in a series of examples of the DOJ's continuing efforts to zero in on health care frau...
Constitutional Law, Books
The stakes for Scalia in Bush v. Gore
In "Scalia: A Court of One," Bruce Allen Murphy, author of three previous Supreme Court biographies, provides the most compreh...
How, when to address taxes in mediation
By Robert W. Wood
If a complete settlement agreement must be signed before the parties have the time or expertise to consider tax issues, proble...
Can California cities stop patients from growing marijuana in their own homes? ...
Bond v. United States is an encouraging, though not definitive, sign that the high court will not allow treaties to ser...
Labor/Employment, California Supreme Court
Guidance on statistics in class actions
By Enzo Der Boghossian, Laura Reathaford
The decision in Duran v. U.S. Bank provided guidance regarding the use of statistical or representative evidence in employment...
I do not personally know anyone who has been invited to speak at a university or college commencement. Which is probably a goo...
It was 1960 when I wandered into a bookstore on the Rive Gauche to purchase a copy of "Tropic of Cancer."
In my mediation practice I see many examples, all of them negative, of what happens when parties refuse to give up the fight.
It has been only 16 months since the horrors of Sandy Hook where 20 little children and eight adults were killed, including th...
Law Practice, Government, Corporate, Banking
Capitalism and law in the 21st century
By Robert L. Bastian Jr.
The mere cover is audacious. Thomas Piketty's "Capital," appears in red letters, with the rest of the title - "in the Twenty-F...
Judges and Judiciary
Rules for stipulating to a commissioner
By Maria Theresa Jauregui
The objective of this article and self-study test is to review issues surrounding the validity of stipulations to commissioner...
The only people who truly benefit from the current law are insurance companies and big-time medical practitioners like hospitals.
Intellectual Property
Who really won Apple v. Samsung redux?
The outcome of the second "patent trial of the century" between Apple and Samsung has been described as a "mixed verdict" for ...
When is 50-50 not half? Exploring the ramifications of a recent divorce case. ...
Judges and Judiciary
Judicial elections: educate, don't eliminate
By Randolph M. Hammock
Once again, public debate has begun about the appropriateness of electing our judges.
U.S. Supreme Court, Intellectual Property
Laches defense takes a hit in Petrella
By Robert Magee
Last week, the U.S. Supreme Court issued a ruling that may alter the assertion of intellectual property rights in unforeseen w...