We've Authored An Article About Attorney Fees And The Risk Of Malpractice Exposure In The October 2022 Issue Of Orange County Lawyer. "Attorney Fees: A Potential Malpractice Minefield," authored by Marc Alexander and appearing in the October 2022 issue of Orange County Lawyer, discusses the "unhappy case" of Shahrokh Mireskandari v. Edwards Wildman Palmer, […]
The Article Is Entitled "The United States and the California Supreme Courts are not on the same page." My article in the June 10, 2022 online edition of the Daily Journal contrasts the analysis of waiver of the right to arbitrate in the SCOTUS case Morgan v. Sundance (2022) with the analysis in the […]
California Appellate Law Podcast. My colleague Mike Hensley and I have published the California Attorney's Fees Blog since 2008. Tim Kowal and Jeff Lewis, the creators of the California Appellate Law Podcast, recently interviewed us on their podcast. Here's a link to the interview on Tim and Jeff's podcast. Thanks, Tim and Jeff, for […]
Recommended Reading: "Exchanging mediation briefs: the simplest path to success". Mediators often urge that counsel exchange mediation briefs, but an actual exchange seems more to be the exception than the rule. Mediator Robert M. Cohen has a column in the May 24, 2022 Daily Journal advocating for the exchange of briefs in mediation. In […]
The articles are: Outsourcing the violation of constitutional rights to private parties, Sept. 8, 2021. Do Justices studiously try to avoid deciding cases on the basis of ideology? A review of Justice Stephen Breyer's "The Authority of the Courts and the Peril of Politics," Oct. 19, 2021. NOTE: While I have provided links, they tend […]
The Book Is Journalist Jim Newton's Man of Tomorrow: The Relentless Life of Jerry Brown. For those of you who enjoy reading about California politics and politicians, I've written a review of Jim Newton's new book about former Governor Jerry Brown. The review, which appears in California Litigation, Vol. 34, No. 1 (2021), is […]
Your Blogger Has Reviewed Sweet Taste of Liberty, And Includes A Link To The Review Below. Rice University historian W. Caleb McDaniel won the Pulitzer Prize in history for this remarkable story about Henrietta Wood, an enslaved person in Kentucky, who was freed in Ohio, kidnapped by a slave broker, re-enslaved, sold in Kentucky, […]
"Nuts and Bolts of Videoconference Dispute Resolution in the Time of Covid-19." With remarkable speed, mediators, arbitrators, judges, and attorneys have learned to use videoconferencing as a work tool. Back in March, after we began "sheltering in place" in California, I drafted an article on the "Nuts and Bolts of Videoconference Dispute Resolution in […]
Your Blogger Has Reviewed Professor Eric Foner's Book, The Second Founding: How The Civil War And Reconstruction Remade The Constitution, in California Litigation. I've reviewed Eric Foners' book, The Second Founding. The book is about the legislative and political history of the 13th, 14th, and 15th Amendments, and the post-Civil War Supreme Court's judicial […]
Review Of McMillion$ Appears In February 21, 2020 Issue Of Daily Journal. After watching the first two episodes of the HBO documentary mini-series, McMillion$, I reviewed it for the Daily Journal under the heading, "‘McMillion$’ evokes nostalgia for burgers, fries and mere millionaires." The documentary is about McDonald's "Who Wants To Be A Millionaire" […]