A review of Crawford discussing the latest developments on the confrontation of witnesses.
U.S. Supreme Court, Civil Litigation
Concepcion's inconsistent application
By Jeff E. Scott, Joseph R. Wetzel Jr.
Trial and appellate courts throughout California continue to struggle with the scope and breadth of the U.S. Supreme Court's d...
Labor/Employment
Caution in criminal background checks
By Polina F. Bernstein, Diana Friedland
Employers should tread softly when implementing criminal background check policies and procedures. ...
Are you aware that for every dollar the federal government now spends, it borrows 43 cents? No company could possibly maintain...
Civil Litigation, Law Practice
eDiscover(ing) the practice of law
The D.C. Bar is leading the charge as to whether eDiscovery vendors are practicing law. ...
Civil Litigation, Intellectual Property, Entertainment & Sports
From reality TV to virtual reality: expression is the name of the game
By Andrew J. Thomas
Prevailing on a copyright infringement claim based on similarities between reality shows may very well be impossible. ...
Tax
Tax law: is substance abuse an excuse for willful tax violations?
By Bruce Givner, Owen Kaye
Generally speaking, a claim of substance abuse is not greeted with much sympathy by our tax laws. ...
There is absolutely no basis for believing that John Roberts' vote to uphold the individual mandate was anything other than hi...
New law proposes to limit length of depositions in California
By Brian S. Kabateck
With only a limited amount of time, attorneys will be forced to jettison time-wasting practices and focus on proper deposition...
A court ruled legislation purporting to address challenges faced by individuals seeking to recover stolen works of art., is pr...
Labor/Employment
Outdated handbook terms can foreclose arbitration
By Ronald W. Novotny, Jonathan Judge
In the wake of Concepcion, there is an increasing need to review old agreements and policies contained in employee hand...
Switch in time that blew everyone's mind: part two
By Ben Feuer
The parallels between Justice Roberts' vote to uphold a minimum wage law and Chief Justice John Roberts' vote to uphold the in...
Insurers often assert that the relief requested constitutes "disgorgement" or "restitution" not covered by their policies. The...
To be conscious of our choices makes it possible for judges and lawyers to win deserved medals of recognition with the public....
Entertainment & Sports, Contracts
'Modern Family' cast invokes 'seven-year rule'
By David B. Stern
The cast is lucky to avoid judicial review, since Section 2855(a) only voids the term of services agreements "beyond seven yea...
Judges and Judiciary, Entertainment & Sports
Subjectivity in Olympic judging
By Robert L. Bastian Jr.
The closer rule making respects this basic, underlying structure, the greater the related event's integrity. ...
There appears to be a misconception that the more sophistication that is used in the commission of crime, the less likely that...
As all lawyers know, when witnesses are called to testify they must swear to tell the truth, the whole truth and nothing but t...
I am becoming convinced that you cannot truly learn to listen, until you have felt the power of what listening has done for you.
It is the collateral damage, in this instance, which is inexcusable. ...
The decision in Williams and the cases leading up to it vividly illustrate the clash -- and, curiously, the overlap -- ...
Government, Civil Rights, Administrative/Regulatory
Educating all of our children
By Julie Waterstone, Michael Waterstone
The Government Accountability Office just issued a report that demonstrated that children with disabilities are enrolled in ch...
With the government strained and labor unions squeezed, plaintiff lawyers are really the only avenue available for employees.
Letters, Labor/Employment
Setting the record for Duran straight
Responding to the Editor's Note from the Labor and Employment supplement. By Ellen Lake ...
Intellectual Property
In fair use analysis, market harm is not merely academic
By Andrew J. Thomas
The publishing industry in May received a harsh lesson in the unpredictability of copyright law's fair use doctrine in an acad...
How much impact should defendants' finances have on punitive damage awards? ...
Labor/Employment, California Supreme Court
Minimizing risks in the post-Brinker environment
By Arthur F. Silbergeld, Christine D. DeBretteville
The decision is a win for employers, but does not close the door on potential meal and rest break claims. ...
Civil Litigation, Labor/Employment, California Supreme Court
Duran, due process and PAGA
By Fraser A. McAlpine
Duran will likely provide guidance on the proper way to construct a viable trial plan for class action and PAGA claims.
U.S. Supreme Court
Williams v. Illinois: signed, sealed -- testimonial
By Erwin Chemerinsky
The plurality seems to place importance on trivial issues--like whether a lab report is signed and notarized. By Erwin Chemeri...
Contracts, Alternative Dispute Resolution
Complying with mediation requirements can help avoid a “Pyrrhic victory”
By Dan D. Nabel
Some victories come with a great price, so be sure to read the fine print. ...