It sure is funny the way things turn out.
Labor/Employment
ERISA not likely to preempt state pregnancy leave law
By Michelle L. Roberts, Mia Munro
California demonstrated leadership in passing SB 299 to close a gap in health care coverage impacting women workers when they ...
Alternative Dispute Resolution
Just what exactly is a mediator's proposal (and when can one help)?
By Michael D. Marcus
Learn the nuts and bolts of dealing with a mediator's proposal. By By Michael D. Marcus ...
More prosecutions against offshore account holders are likely in the works - even where there has been no indication that the ...
Alternative Dispute Resolution
Client relations: a new approach for greater success at mediation
By Robert S. Mann
The relationship of lawyer and client and the process of reaching a settlement at mediation is difficult because of the fundam...
Government, Corporate, Administrative/Regulatory
FCPA is here to stay, now here's how to comply
By Debra Wong Yang
The long awaited Resource Guide to the U.S Foreign Corrupt Practices Act was released on Nov. 14, by the U.S. Department of Ju...
Letters, Law Practice
Savings from smaller juries not enough to justify change
By Stanley K. Jacobs
Rebutting "Six Happy Jurors."
Law Practice, Ethics/Professional Responsibility
When non-clients attack
By Julian Y. Waldo, Amy L. Bomse
Business deals sometimes disappoint, and when they do, disappointed investors may be inclined to look to hold the other side's...
For lawyers who fear the settlement process, there's a simple answer: evaluate your case realistically and be painfully honest...
Are 12 jurors really necessary? Explore the possibility of reducing the size of civil and misdemeanor juries in California.
U.S. Supreme Court, Securities
What's behind the US high court's reenergized focus on securities cases?
By William S. Freeman, John C. Tang
Since 2010 alone, the court has decided five major cases, and two more cases are on the docket for the current term. This surp...
In light of the demands placed upon the court system, this article explores the possibility of reducing the size of civil and ...
At its broadest reach, it encompasses three different types - casual, opportunistic and intimate. Of these, only intimate cont...
The focus on amending the Constitution is diverting attention from what might be done to lessen the effects of Citizens Uni...
Judicial fact-finding on the rise in class certification
By Brian S. Kabateck, Sam S. Soleimany
Courts are now basically required to resolve any merits questions bearing on class certification, even if plaintiffs will have...
Civil Litigation, Insurance
Amended Du opinion not the 'win' insurers claim it to be
By Linda D. Kornfeld
The court left open the questions regarding an insurer's affirmative settlement duties and the application of the "genuine dis...
Some cases have a fundamental disconnect between what the result should be based on a rational analysis of facts and law, and ...
To promote literacy, I deliberately placed a grammatical error in last month's column. The response was overwhelming.
Issuing oral rather than written hold notices may border on "recklessness," according to an erudite opinion.
I was a lifelong Republican until the passage of the so-called Patriot Act - which I see as a direct frontal attack upon our c...
An interesting thing happens when a true friends asks you that questions. ...
The Supreme Court has developed principles to aid in identifying what portions of a split opinion constitute binding precedent...
Earn MCLE credit reviewing the basic principles regarding issuing injunctions. ...
Government
What November means for California justice
By Brian S. Kabateck, Scott M. Malzahn
This election, at the state and federal levels, could have big consequences affecting access to justice.
Alternative Dispute Resolution
'Bracketing' a misunderstood art in mediation
By Michael D. Marcus
No aspect of mediation is more misunderstood than the use of brackets (less commonly known as "ranges") in negotiating settlem...
U.S. Supreme Court, Civil Litigation
Fisher not really an affirmative action case?
By Lawrence Waddington
The Supreme Court dispute is arguably not an affirmative action case, depending on an understanding of the substantive content...
The amended decision still can be read as suggesting those principles are, in fact, accurate statements of California law. Suc...
Government, Bankruptcy
Sprawl causes municipal bankruptcy, stork brings baby
By Gideon Kanner
Without government support and financing (think Fannie and Freddie) that made ownership of suburban homes a lucrative American...
Reports of Romney's "binders of women" are greatly exaggerated.
During last week's presidential debate, one of the more memorable exchanges surrounded the first bill that President Barack Ob...
