After opening a law firm as a newly admitted attorney, Timothy Tosta of Luce Forward learned some lessons about dealing with c...
California Supreme Court, Constitutional Law, Law Practice
Attorney Speaks Out Against Former Client's Project
By Diane L. Karpman
The state Supreme Court is set to review a case that seems to favor an attorney's personal freedom of speech over ethical cons...
Errors and omissions coverage is a real necessity for the careful neutral. ...
Fatherhood:Inside and Out
By Joseph H. Cooper
While teaching in the community college outreach program for prison inmates, Joseph Cooper of Quinnipiac University met the mo...
Ethics/Professional Responsibility, Law Practice
The Art of Gracious Disagreement
By Wendy L. Patrick
Effective advocacy should include the critical component of civility, writes Wendy Patrick of the San Diego District Attorney'...
Administrative/Regulatory
Net Neutrality: Opposing Sides Divided Over Meaning, Impact
By John F. Stephens, Kanika D. Corley
John Stephens and Kanika Corley of Sedgwick Detert explore the issue of net neutrality and discuss arguments for and against I...
In Berguis v. Thompkins, the Supreme Court has taken a major step to lessening the Constitution's protection against se...
Constitutional Law, Criminal
Miranda Rights: What a Difference a Generation Makes
By Konrad Moore
For those advocating on behalf of the individual against the might of the government, there is now another hurdle to overcome....
Intellectual Property
Disclosure of 'Material' Information in Patent Applications
By Craig E. Countryman
Examining the duty to disclose all information "material" to the Patent Office for their decision regarding whether to issue a...
Appellate Practice
Not All Costs Are Created Equal
By James C. Martin, David J. de Jesus
Obtaining an appellate bond or depositing cash to stay execution of judgment isn't as simple as it sounds, write James Martin ...
Tax
Incrementalism and International Tax Reform: We Can't Get There From Here
By Kent Wisner
Kent Wisner examines the Obama administration's agenda to reform U.S. tax laws that apply to international business. ...
Jay Kasner and Peter Morrison of Skadden provide an overview of securities litigation cases decided by courts in the 9th Circu...
California Supreme Court, Civil Litigation
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."
Alternative Dispute Resolution, Contracts, Litigation & Arbitration
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...
Alternative Dispute Resolution, Litigation & Arbitration
Arbitration: Altering the Legal Landscape
By Lawrence Waddington
Judge Lawrence Waddington (Ret.) follows arbitration's legislative and legal developments as an alternative to litigation.
Alternative Dispute Resolution, U.S. Supreme Court
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.
Labor/Employment, U.S. Supreme Court
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. ...