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Law Practice

Finding and Returning to Ground

Jun. 25, 2010
By Timothy A. Tosta

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

Jun. 24, 2010
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...



Insurance, Civil Litigation

Mediators: To Be or Not to Be Insured

Jun. 19, 2010
By A. Marco Turk

Errors and omissions coverage is a real necessity for the careful neutral. ...


Fatherhood:Inside and Out

Jun. 18, 2010
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

Jun. 17, 2010
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

Jun. 16, 2010
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...



Constitutional Law, U.S. Supreme Court

Silencing Miranda

Jun. 16, 2010
By Erwin Chemerinsky

In Berguis v. Thompkins, the Supreme Court has taken a major step to lessening the Constitution's protection against se...


Constitutional Law, Criminal

For those advocating on behalf of the individual against the might of the government, there is now another hurdle to overcome....



Intellectual Property

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

Jun. 10, 2010
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 ...



Kent Wisner examines the Obama administration's agenda to reform U.S. tax laws that apply to international business. ...


Securities

California Securities Litigation Recap

Jun. 8, 2010
By Jay B. Kasner, Peter B. Morrison

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

Jun. 5, 2010
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...


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

Jun. 5, 2010
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...


Judges and Judiciary

Rights Have Limits

Jun. 2, 2010
By Arthur Gilbert

A lawyer's right to run against a judge is not the equivalent of an entitlement to do so. ...



Letters, U.S. Supreme Court

Letters To The Editor

May 21, 2010
By Hirbod Rashidi


Alternative Dispute Resolution

Marco Turk asks whether the confidential sanctity of settlement negotiations includes settlement "tactics."



Alternative Dispute Resolution, Contracts, Litigation & Arbitration

Arbitration: Altering the Legal Landscape

May 20, 2010
By Lawrence Waddington

Judge Lawrence Waddington (Ret.) concludes his discussion on arbitration's legislative and legal developments as an alternativ...


Law Practice

The Dangers Attorneys Face

May 20, 2010
By Timothy D. Reuben

Despite best efforts, sometimes the courts just get it wrong.



U.S. Supreme Court

Kagan Commentary Misses the Point

May 19, 2010
By Erwin Chemerinsky

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

May 19, 2010
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

J. Daniel Sharp of Crowell & Moring examines the history of mediation confidentiality and how courts have shaped this conc...


Judges and Judiciary

Justice Stevens' Abiding Environmental Legacy

May 18, 2010
By Richard M. Frank

Richard Frank of U.C. Berkeley School of Law says a key and often overlooked part of Justice John Paul Stevens' judicial legac...



Securities

The Markets Demand Reform

May 12, 2010
By Robert L. Bastian Jr.

Opposition to financial reform is, in all its iterations, bankrupt. ...


Insurance

Calculation of the 'PD Ratio'

May 12, 2010
By Rex Heeseman

Los Angeles Superior Court judge Rex Heeseman addresses the topic of calculating the punitive damages ratio. ...



Immigration, Letters

'We are a Nation of Immigrants'

May 11, 2010
By Eric B. Kingsley

Dehumanizing immigrants and questioning their patriotism does nothing to further the debate.


Labor/Employment, U.S. Supreme Court

The Future of Class Action Arbitrations

May 11, 2010
By Eric B. Kingsley

A recent Supreme Court decision may have eradicated class action arbitration in employment, consumer, and civil rights arenas,...



Alternative Dispute Resolution

Now, Who Wants to Be a Mediator?

May 8, 2010
By A. Marco Turk

With an over abundance of lawyer-mediators, AB 2475 emerged as an attempt to penetrate the concept of "absolute quasi-judicial...


Health Care & Hospital Law

Early Onset

May 8, 2010
By Joseph H. Cooper

Joseph Cooper of Quinnipaic University presents a short story themed to honor the memory of mothers. ...