Government
Rather serious question ignored in mortgage condemnation chatter
By Gideon Kanner
All this talk about whether the government can use eminent domain to take these "underwater" deeds of trust has diverted atten...
Clapper was rightfully indicted and resigned, and Snowden was feted as a hero for revealing the chicanery of an official who w...
Civil Litigation, Intellectual Property, Entertainment & Sports
EA flagged for roughing college athletes' rights of publicity
By Dan D. Nabel
This and other recent cases seem to be singing the same tune: It's not transformative to depict celebrities in a video game do...
Is it not likely that the next hapless group to be targeted for age-related cognitive impairment is ... judges? A person young...
A study found that 56 percent of people seeking an attorney in the past year used social media during their search.
Insurers typically ask their insureds to provide information about litigation. Insureds do so because they, and their insurers...
Erwin Chemerinsky reviews The Great Dissent: How Oliver Wendell Holmes Changed His Mind - and Changed the History of Free S...
Labor/Employment
Scandal highlights need to review sexual harassment policies
By Michelle Lee Flores, Andrew J. Hoag
The allegations against Bob Filner are a reminder of the pervasiveness of sexual harassment. Employers should pay heed.
Tax, Health Care & Hospital Law, Communications Law
Will firms have to provide health insurance for summer associates?
By Robert W. Wood
Call it Obamacare, the Affordable Care Act or the act. Love it or hate it. Either way, the changes start soon. And just about ...
U.S. Supreme Court, Labor/Employment
Amending the FAA essential to 'effectively vindicate' rights
By Eric B. Kingsley
In June the U.S. high court landed a blow to those opposed to mandatory arbitration. In order to be able to fully and "effecti...
Criminal
Hearsay exceptions for children in sexual assault cases
By Karla D. Kerlin, Renee F. Korn
Earn MCLE credit learning the basic principles governing the admission of children's hearsay statements is highly important to...
That may sound crazy, but sometimes the IRS has a memory like an elephant. And the IRS can come down like an elephant on top o...
Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals
Revived trademark doctrine creates uncertainty for entertainment brands
By Andrew J. Thomas, Lewis D. Russell
The 9th Circuit was the first to invoke "aesthetic functionality" in denying trademark protection. Over the years, the doctrin...
Civil Litigation
Passive court review and the proposed Facebook settlement
By Robert C. Fellmeth
Federal courts are passive officials sitting before contending parties. We assume that the proper precedent or ruling will com...
Alternative Dispute Resolution
Fast and roughly right: a new strategy for decision-making
By Jan Frankel Schau
Business students and young entrepreneurs who have been raised in the age of the Internet are well trained to think fast and a...
Labor/Employment, Entertainment & Sports
Unpaid internship suit could turn Hollywood on its head
By Edwin F. McPherson
They knew what they were getting into - and they never complained. Nobody pulled the wool over their eyes; nobody defrauded th...
So, you're about to start law school in August? Keep reading.
In litigation between the policyholder and the broker, over the years many decisions have resulted in a "win" for the latter. ...
If you decided simply to "upgrade" your own behavior to a higher standard, what would you anticipate as the reaction from your...
The U.S. high court just issued several decisions that seemingly settle significant wage and hour questions. Yet, there are no...
U.S. Supreme Court, Labor/Employment, California Supreme Court
The life and times of Gentry v. Superior Court
By Steven B. Katz
The last six years have not been kind to the state high court's landmark arbitration ruling, and the court is poised to revers...
What happened to the requirement that juries represent a cross-section of the community, particularly in a case dripping with ...
Judges and Judiciary, Criminal
Why defend criminals you know to be guilty?
By James P. Gray
So many times we in the legal profession hear the question asked: "How can you defend those criminals - particularly if you kn...
My intention here is not to celebrate the tragic death of a 17-year-old boy. Rather, it is to explain why the jurors were left...
IRS looks to US high court to resolve circuit split
By Robert W. Wood
Is severance pay "wages" or not? Circuits are split, and the IRS has petitioned the Supreme Court to get an answer. ...
U.S. Supreme Court, Constitutional Law
Between a rock and zero liability
By Erwin Chemerinsky
Since generic drugs are regulated by the Food and Drug Act, the U.S. high court has ruled that design defect and failure to wa...
Family
Want to pay your ex's attorney fees? Ignore discovery requests
By Navid Moshtael
You're not entitled to appeal an order to pay attorney fees when you choose not to disclose evidence of your financial circums...
In a recent mediation, the plaintiff's lawyer had a pained expression on his face as he reviewed a document, and as I walked i...
Civil Litigation, 9th U.S. Circuit Court of Appeals
Returning some removal control to defendants
By Erin L. Burke, Jason C. Wright
A recent 9th Circuit decision rejected a narrow interpretation of the statutorily imposed restrictions on when a defedant can ...
IP malpractice claims rising
By J. Randolph Evans, Shari L. Klevens
Legal malpractice lawsuits arising from intellectual property disputes are on the rise in California, and throughout the count...