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Military Law, Civil Rights

You've come a long way, baby

Nov. 27, 2013
By Julie L. Kessler

Last week three women became the first ever to successfully complete the punishing U.S. Marine Corps infantry course.


Can the IRS come along and claim that a "loan" you received isn't a loan at all and was actually income? Yes, it can.


Criminal

The rules of restitution valuation

MCLE
Nov. 25, 2013
By Malcolm V. Venolia

Earn MCLE credit reviewing the rules for calculating restitution for victims of crimes.


Alternative Dispute Resolution

An honest broker's approach to mediated settlements

Nov. 22, 2013
By Jan Frankel Schau

When I sat down to read Dwight Golann's "Sharing a Mediator's Powers: Effective Advocacy in Settlement," I was struggling to r...


Law Practice

How well do you really know your partners?

Nov. 21, 2013
By Julie L. Kessler

Sometimes people simply are not who they say they are.


Insurance

The state high court recently held that an insured can maintain a suit for violations of the unfair competition law based on c...


International Law, Intellectual Property

The landscape of trade secrets in China is fraught with contradictions.


Law Practice, California Supreme Court

Peter Principle and the story of Stephen Glass

Nov. 14, 2013
By Julie L. Kessler

As the state high court seemed to be indicating in their comments at the hearing, Glass will in all likelihood remain a parale...


Civil Litigation, Law Office Management, Intellectual Property

A not-so-elementary copyright case

Nov. 13, 2013
By Andrew J. Thomas

When it comes to literary characters - including Sherlock Holmes - it's not so easy to detect when something enters the public...


U.S. Supreme Court, Environmental & Energy

Climate change redux at high court

Nov. 13, 2013
By Richard M. Frank

States are divided when it comes to the greenhouse gas cases pending before the U.S. high court. ...


Alternative Dispute Resolution

I recently had the pleasure of participating in a panel discussion on the topic of stresses on our courts and how they may inc...


Family, Alternative Dispute Resolution

Should divorcing spouses who mediate their case have the right to opt out of procedural requirements that are an integral part...


VIDEO: An NSA-made defense

Nov. 9, 2013
By Edward D. Totino

The NSA's sweeping phone surveillance programs may have just sounded the death-knell for lawsuits brought under California's I...


The changes between 2013 and 2014 tax rates and rules - let alone the entire economy - make it rough. ...


Civil Litigation, Law Practice, Alternative Dispute Resolution

Mediators call for voluntary certification

Nov. 8, 2013
By Barbara Brown

Some mediators are unhappy that persons with minimal or no training can hold themselves out as mediators.


Criminal

The horticulture of rape

Nov. 7, 2013
By Julie L. Kessler

A Kenyan court recently sentenced several gang rapists to cut the grass at the local police station. I wish I could say this s...


Insurance

Sizing up agent authority

Nov. 6, 2013
By Rex Heeseman

Actual authority is the easy part; ostensible authority is where it gets tricky. ...


Litigation & Arbitration, Alternative Dispute Resolution

Returning arbitration to its roots

Nov. 6, 2013
By Lawrence Waddington

The time has come to rethink arbitration in order to retain the merits of an expeditious and inexpensive method of dispute res...


Law Practice

A devilish inquiry

Nov. 5, 2013
By Arthur Gilbert

All of us in the legal profession make legal decisions. But like everyone else, we also are compelled to make moral decisions ...


Tax

Death is not the only capital gains loophole

Nov. 2, 2013
By Bruce Givner

What if Mom and Dad are a healthy 85 and 80, and they do not wish to wait that long to liquidate their investment? ...


Litigation & Arbitration, U.S. Supreme Court, Alternative Dispute Resolution

Arbitration's slow, continuing expansion

Nov. 1, 2013
By Lawrence Waddington

Since the enactment of the FAA in 1925, the role and scope of arbitration has slowly evolved. ...


Alternative Dispute Resolution

'Desmodromic' settlements

Oct. 31, 2013
By Robert S. Mann

There's no reason a "good settlement" has to mean that both sides leave a little unhappy.


Special Coverage

$14 million whistle-blower award is a game changer

Oct. 30, 2013
By Thomas A. Zaccaro, Eleanor K. Mercado

On Oct. 1, the SEC announced the largest whistle-blower award yet since launching its whistle-blower program in 2011.


International Law

Doing business behind the Great Firewall of China

Oct. 30, 2013
By Pooja S. Nair

Pressure from the U.S. government to curb corrupt business practices and China's privacy laws have created collision course, w...


Can you pay your lawyer in bitcoins?

Oct. 30, 2013
By Robert W. Wood

There is confusion whether transactions in bitcoin should be treated as property, barter, foreign currency, or a financial ins...


International Law

Saudi women get law licenses, not allowed to drive

Oct. 30, 2013
By Julie L. Kessler

In a historic groundbreaking move by the Kingdom of Saudi Arabia's Ministry of Justice, last week four Saudi women were grante...


Letters, Health Care & Hospital Law, Civil Rights

Soon enough justices will challenge MICRA's vitality

Oct. 29, 2013
By Nathaniel J. Friedman

Re: "Offsetting Damages in a Nonallocated Settlement," Oct. 21. ...


Judges and Judiciary

Interpreters in California courts

MCLE
Oct. 28, 2013
By Kristin K. Eriksson-Embree

Earn MCLE credit learning the basic rules and cases that govern the use of spoken language interpreters in California courts.


Labor/Employment

Bay Area takes lead on family friendly work

Oct. 29, 2013
By Kari Erickson Levine

A new ordinance aims to "reduc[e] family flight" from San Francisco. ...


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

Sonic-Calabasas the hedgehog

Oct. 26, 2013
By Steven B. Katz

The court is poised in Iskanian to overrule Gentry. Whether the majority can hold onto their sole long-term idea...