Jay Kasner and Peter Morrison of Skadden provide an overview of securities litigation cases decided by courts in the 9th Circu...
Civil Litigation, California Supreme Court
Supreme Court SLAPPS for Lawyers
By Timothy D. Reuben
The anti-SLAPP statute has become a huge factor in litigation over the past 15 years and its applicability continues to be deb...
Civil Litigation
What Mediation Agreements are 'Enforceable Or Binding' Through the Arbitration Process?
By A. Marco Turk
Since the underlying concept behind mediation is the voluntary nature of the process, how does one enforce the settlement agre...
Building the Patent Prosecution Highway
By Jennifer R. Bush
Jennifer Bush of Fenwick & West says a pilot program for patent prosecution has expanded into a full-fledged system of pat...
A lawyer's right to run against a judge is not the equivalent of an entitlement to do so. ...
Alternative Dispute Resolution
The Confidentiality SanctityOf Settlement 'Tactics'
By A. Marco Turk
Marco Turk asks whether the confidential sanctity of settlement negotiations includes settlement "tactics."
Litigation & Arbitration, Contracts, Alternative Dispute Resolution
Arbitration: Altering the Legal Landscape
By Lawrence Waddington
Judge Lawrence Waddington (Ret.) concludes his discussion on arbitration's legislative and legal developments as an alternativ...
Despite best efforts, sometimes the courts just get it wrong.
Missed in much of the media commentary about Elena Kagan is that her advantage and disadvantage as a nominee are the same: the...
Litigation & Arbitration, Alternative Dispute Resolution
Arbitration: Altering the Legal Landscape
By Lawrence Waddington
Judge Lawrence Waddington (Ret.) follows arbitration's legislative and legal developments as an alternative to litigation.
U.S. Supreme Court, Alternative Dispute Resolution
Will Mediation Become a Safe Haven for Attorney Malpractice?
By J. Daniel Sharp
J. Daniel Sharp of Crowell & Moring examines the history of mediation confidentiality and how courts have shaped this conc...
Richard Frank of U.C. Berkeley School of Law says a key and often overlooked part of Justice John Paul Stevens' judicial legac...
Opposition to financial reform is, in all its iterations, bankrupt. ...
Los Angeles Superior Court judge Rex Heeseman addresses the topic of calculating the punitive damages ratio. ...
Dehumanizing immigrants and questioning their patriotism does nothing to further the debate.
U.S. Supreme Court, Labor/Employment
The Future of Class Action Arbitrations
By Eric B. Kingsley
A recent Supreme Court decision may have eradicated class action arbitration in employment, consumer, and civil rights arenas,...
With an over abundance of lawyer-mediators, AB 2475 emerged as an attempt to penetrate the concept of "absolute quasi-judicial...
Joseph Cooper of Quinnipaic University presents a short story themed to honor the memory of mothers. ...
Moe Keshavarzi of Sheppard Mullin argues in support of the new rule requiring federal courts to allow citation of unpublished ...
Constitutional Law
National Day of Prayer Violates Establishment Clause
By Stephen F. Rohde
Today, as mandated by federal law, is the National Day of Prayer and it may be the last, writes Stephen Rohde of Rohde & V...
Letters, Immigration
Failure to Enforce Federal Law Root of Immigration Problem
By Don Wagner
Everyone appreciates the backbreaking labor preformed by the migrant workers.
The "Amazon tax's" seductive scheme may tempt Californians, but Kenneth Lee of Jenner & Block cautions that it is too good...
Darren Cohen and Eric Kingsley of Kingsley & Kingsley discuss concerns over settlement of class actions that have become m...
Presiding Justice Arthur Gilbert pays tribute to a good friend who was one of the nation's great jazz critics and lyricists. ...
Did you know that work without pay may violate federal and California wage and hour laws? Arthur Silbergeld and Jessica Boar o...
U.S. Supreme Court, Intellectual Property
The Peculiarities of Pleading in Patent Cases
By Craig E. Countryman
Examining the effect that two recent Supreme Court decisions about pleading requirements may have on patent cases. ...
Labor/Employment
Harassment in The Workplace: Leveling thePlaying Field
By Wendy L. Patrick
Male on male sexual harassment claims have doubled between the years of 1992 and 2008, writes Wendy Patrick of the San Diego D...
Wendy Patrick of the San Diego District Attorney's Office says technology now allows a crafty cyber stalker to acquire persona...
Statutes do not appear to be designed to provide protection to lawyers who may be sued by their clients for legal malpractice....