How Not to Regret Your Direct: Exploring the Human Story
Winter 2015 – How often do we look back and wonder whether we could have done things better, worked harder, been clearer, obtained a better result? Especially with those trial skills we don’t often get to practice. Presenting a powerful […]
Read MoreRestoring CMIA’s Intended Balance
California’s Confidentiality of Medical Information Act (CMIA), Civil Code section 56 et seq., carefully balances obligations to handle and dispose of medical information in a manner preserving confidentiality with patients’ CMIA rights of action for nominal or actual damages. Disruption […]
Read MoreInjunction Relief in Lanham Act Cases Post-Herb Reed
Spring 2016 – Motions for preliminary injunctive relief are routinely sought in cases involving claims for trademark infringement. For many years, once a moving party established a likelihood of success on the merits, irreparable harm was presumed and an injunction […]
Read MoreDine & Dash Arbitration Style: What Happens When One Side Doesn’t Pay the Arbitrator
Spring 2017 – Ever since Congress enacted the Federal Arbitration Act, it has been the national policy of the United States to favor arbitration. Southland Corp. v. Keating, 465 U.S. 1, 10 (1984). Where an agreement contains an arbitration clause, […]
Read MoreTrying a Trade Secret Case: A Road Map
Spring 2017 – Trade secret trials challenge and engage all of a trial lawyer’s essential skills and training. Dealing with state-of-the-art technology–intricate circuit designs, sophisticated manufacturing processes, or highly complex formulas–is often a huge challenge, but there are other pitfalls […]
Read MoreABA LRIS Standing Committee Launches National Data Survey of Programs
This year, one of the top initiatives for the ABA Standing Committee on Lawyer Referral and Information Service (“LRIS”) is to launch the first ever LRIS Annual Census. We have received responses from over 120 of the approximately 240 LRIS […]
Read MoreFrom the Chair
To the members of the lawyer referral and information service (LRIS) community across the country, I want to say that it is a great honor and a privilege to serve as the Chair of the ABA Standing Committee on LRIS […]
Read MoreMulti-State Wage Transparency Laws Relating to Job Postings
Currently, Colorado is the only state that requires an employer who employs at least one employee in Colorado and posts an electronic job advertisement in Colorado (remote or otherwise) to also post a hyperlink on the advertisement that clearly provides […]
Read MoreImpacts and Analysis of NFIB v. Department of Labor, Occupational Safety and Health Administration
This article is a collaboration between Bartko’s L&E Department and our Constitutional Law Scholar. Today, on January 13, 2022, the U.S. Supreme Court issued a stay on the enforcement of OSHA’s Emergency Temporary Standards (“ETS”), which required employers with 100 […]
Read MoreFiling vaccine injury claims under the federal Vaccine Injury Act
On September 28, 2021, the Daily Journal published an article by Ben Riley concerning filing claims under the National Childhood Vaccine Injury Compensation Act. The article discussed the Act, the requirements and procedures for claims, and the likelihood that injuries […]
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