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Litigation

How Family Law Attorneys Tend to Think, Part IV

Mark Baer | Posted 05.19.2015 | Divorce
Mark Baer

On July 10, 2011, Joan T. Daniels, Esq. posted the following comment on the listserv for the members of the Family Law Section of the Los Angeles Coun...

How Family Law Attorneys Tend to Think, Part III

Mark Baer | Posted 05.13.2015 | Divorce
Mark Baer

Part II of this series ended with the following question from an attorney colleague on the listserv for the Family Law Section of the Los Angeles Coun...

Asbestos-Victim Families May Face Govt. Repayment Issue

Sara Warner | Posted 05.06.2015 | Politics
Sara Warner

In the hardball political world of mesothelioma litigation, the asbestos-related cancer that fuels all those commercials, it's getting hard to tell if some victims are going to be branded as Medicare "scofflaws" or embraced as important whistleblowers.

How Family Law Attorneys Tend to Think, Part II

Mark Baer | Posted 05.04.2015 | Divorce
Mark Baer

Except for the years I was in Juvenile Dependency court, where mediation was available for each case set for trial (but not presently, because that court system does not now have the funds to do so), I can count on the fingers of one hand the times when opposing counsel suggested mediation.

To Resolve or Manage Conflict, You Must Address the Actual Cause of the Problem

Mark Baer | Posted 04.21.2015 | Divorce
Mark Baer

I recently had the most fascinating consultation with a gentleman who was interested in the possibility of my representing him as his lawyer.

Chevron's "Fight It Out On The Ice" Strategy For Ecuador Case Is Slipping, Fast

Aaron Marr Page | Posted 05.23.2015 | World
Aaron Marr Page

Nearly a decade ago, Chevron Corporation issued a public statement warning the Ecuadorian communities who were plaintiffs in a massive environmental case against the company in Ecuador that they would face "a lifetime of appellate and collateral litigation" if they continued to vigorously pursue their claims.

The State Bar of California Intends on Silencing Its Members

Mark Baer | Posted 05.07.2015 | Politics
Mark Baer

If the Bar does decide to require certain disclaimers in lawyer blogs, how does that impact previously published blogs over which the attorney does not have editorial control?

Legislation Should Help Bring Young People Into Our Democracy, Not Block Them

Robert M. Brandon | Posted 05.09.2015 | Politics
Robert M. Brandon

College undergraduates are the newest members of our democracy. Suppressing the student vote is contrary to the democratic principles that we aspire to here at home, and that we seek to promote abroad.

3 Ways to Protect Your Personal Injury Award or Settlement from Your Divorce

Diane L. Danois, J.D. | Posted 04.19.2015 | Divorce
Diane L. Danois, J.D.

What happens to your money from a personal injury award or settlement, when you divorce? The short answer is, "It depends."

The Role of Biomechanics in Motor Vehicle Accident Litigation

Rami Hashish, PhD, DPT | Posted 03.29.2015 | Science
Rami Hashish, PhD, DPT

Biomechanists use all pertinent information to determine injury mechanisms, such as in the event of a car accident. Utilizing previous clinical research, the expected recovery time -- and thus, medical expense estimates -- can be determined.

How China's Top Court Is Encouraging More Lawsuits Against Polluters

Barbara A. Finamore | Posted 03.29.2015 | Green
Barbara A. Finamore

As China's toxic air pollution once again surges off the charts, China's highest court is taking action. On Jan. 6 the Supreme People's Court issued an authoritative "Interpretation" that provides clarification and needed details to China's new public-interest environmental litigation system. These new rules appear to be designed to make it easier for Chinese NGOs to sue polluters.

Lawyer Paternalism Is A Very Serious Problem

Mark Baer | Posted 03.20.2015 | Divorce
Mark Baer

The "temporary incompetence" of clients due to their emotional state and the attorneys' paternalistic attitude toward clients create a lack of understanding on the part of both the attorney and the client. This is the legal equivalent of a ship that hits rocks, runs aground, veers off course, and possibly sinks.

A Different Type of Attack on Minority Rights in Texas

Kevin Price | Posted 03.14.2015 | Business
Kevin Price

When it comes to the issue of "minority rights," thoughts immediately wander to race, gender, age, or sexual preference. In the state of Texas, there is a different type of minority rights battle at stake and the war over it went all the way to the Texas Supreme Court.

Expert Witness: Litigation Games for Credit Derivatives and Structured Finance

Janet Tavakoli | Posted 03.06.2015 | Business
Janet Tavakoli

Class action lawyers have an incentive to win and to keep a case moving forward, but traditional law firms have done some first class work, too. Likewise, some class action law firms have mismanaged cases and floundered their way to a loss for their client.

Arbitrate or Mediate But Don't Litigate Entertainment Disputes

Stacy Slotnick | Posted 01.24.2015 | Entertainment
Stacy Slotnick

Gone are the days when media moguls and professional athletes would voluntarily hang around the courthouse to litigate contract disputes. Today the entertainment and sports industry increasingly use arbitration and mediation to resolve conflicts.

How To Select The Best Mediator Is a Must Read for Everyone

Mark Baer | Posted 01.18.2015 | Divorce
Mark Baer

I cannot thank Mr. Peters enough for putting so much effort into writing such an outstanding book and highly recommend that every professional involved in dispute and/or conflict resolution and everyone involved in a dispute and/or conflict take the time to read this book.

Is Coffee-Shop Divorce Coaching an Alternative to Couch Therapy?

Diane L. Danois, J.D. | Posted 01.05.2015 | Divorce
Diane L. Danois, J.D.

Would the comfy lounge chairs and soothing smell of lattes create the kind of inviting atmosphere, where people going through the most challenges conflicts of their lives, could open up and discuss their divorce?

What Do Marathons and Divorce Have in Common?

Diane L. Danois, J.D. | Posted 01.03.2015 | Divorce
Diane L. Danois, J.D.

Most who have been through a divorce will tell you that it is a marathon, not a sprint. In order to get to the finish line without collapsing, it is helpful to have a coach guide you from beginning to end.

20 Years After Big Tobacco, Is It Time for 'Big Pain'?

Patrick R. Krill | Posted 11.08.2014 | Healthy Living
Patrick R. Krill

It's long been said that trends start in California. With one eye on the balance sheet and one on the legal history books, five of the world's largest drug manufacturers are probably hoping that's not true.

Top 5 Ways to Avoid a Lawsuit While Getting Home Improvements

Andrew Lieb | Posted 10.26.2014 | HuffPost Home
Andrew Lieb

Many times these change orders are agreed to verbally and off the cuff, frequently resulting in litigation. Change orders should be agreed upon by following a predetermined procedure that is called for in the construction contract.

Secrets to a Successful Summer Rental

Andrew Lieb | Posted 09.16.2014 | Travel
Andrew Lieb

With the prime summer rental month of August fast approaching, here are some areas that every summer rental landlord and tenant should consider.

Astoria Characters: The Lawyer and the Singer

Nancy Ruhling | Posted 09.07.2014 | New York
Nancy Ruhling

There's music playing when Marc Gross opens the door. Cara Samantha, his wife, is sitting on the sofa. She's not singing, merely speaking softly, but her sultry voice relegates the famous one on the CD to deep background.

Costs of Litigating a Termination of Alimony Claim - Is It Worth the Price?`

Diane L. Danois, J.D. | Posted 08.23.2014 | Divorce
Diane L. Danois, J.D.

At the end of the day, very often litigants are left wondering, "Was it worth it?" Wouldn't it be nice if we could go into the process with a better understanding of what it may actually cost to litigate a claim, so we can weigh the pros and cons and make our own, informed decisions?

To Court, or Not to Court

Jack Garson | Posted 08.17.2014 | Business
Jack Garson

Avoid litigation when you can. When you can't -- win. Is it worth it? Or, more importantly, when does it make sense to fight it out in court, and when should you do everything possible to avoid it?

Painkiller Lawsuit Against the NFL Will Cause the League a Serious Headache

Roger I. Abrams | Posted 07.24.2014 | Sports
Roger I. Abrams

Fresh from tentatively settling the class action lawsuit based on the concussions suffered by its players, the National Football League faces a new challenge that promises to cause the League migraines for years to come.