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
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 ...
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
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,...
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
By Robert S. Mann
Communication in mediation is highly nuanced and physical presence has a huge impact upon the success of that communication.
Anthony Weiner, taxes and the state of California
By Robert W. Wood
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
By James B. Hardin, Tyler J. Woods
Trademark litigants often seek to present testimony from their own employees regarding customers' confusion; are such statemen...
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
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
Missouri lawmakers make last stand to void federal legislation
By Charles S. Doskow
A proposed law in the state would declare void any federal legislation that assumes powers not granted in the U.S. Constitutio...
Breaking down the IRS's new marriage position
By Robert W. Wood
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
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
By Kristin L. Oliveira
Certain financial incentives in the ACA will motivate employers to create or supplement work wellness programs. As they do so,...
The Internal Revenue Service may be taking a page from the books of defense lawyers as it simultaneously defends itself and go...
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
By Elia V. Pirozzi
Earn MCLE credit reviewing the basic principles regarding receivers.
Private equity firms may need to ratchet up 'passiveness'
By Robert W. Wood
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
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...
CEQA has evolved into an expensive, inefficient and burdensome mechanism for maintaining the physical "status quo." ...
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
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"
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
Obama takes surprising stance in establishment case briefs
By Erwin Chemerinsky
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
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
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...
A recent report by the IRS inspector general says the despite the agency's efforts, employers are still getting it wrong, leav...
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
eDiscovery: protect information stored on personal electronic devices
By A. Marco Turk
Where can we look for protection of potential intrusion on our individual privacy through unauthorized access to personal elec...
Criminal
Breaking down Prop. 35 for California's district attorneys
By Wendy L. Patrick
Propostion 35 changes the law to reflect the realities of human trafficking in California. ...