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. ...
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...