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Letters

What’s good for law schools is good for licensure

Aug. 12, 2022
By Michael E. Rubinstein


Government

Are Dog-Sniff searches during traffic stops lawful?

Aug. 12, 2022
By Dmitry Gorin, Alan Eisner

The Court’s analysis is a straightforward application of the well-established principle that the legitimate justification for ...


Torts/Personal Injury, Land Use

Recreational land use immunity

MCLE
Aug. 11, 2022
By Reza Torkzadeh, Allen P. Wilkinson

By enacting Section 846, the legislature did not intend to immunize landowners from all liability for permissive and nonpermis...


Tax, International Law

Unreported gifts from non-U.S. relatives bring big tax penalties

Aug. 11, 2022
By Bruce Givner, David Rice

The penalty for late filing is 5% of the gift’s fair market value per month, not to exceed 25% of the gift.



Litigation & Arbitration, Contracts

Sexual harassment settlements and confidentiality

Aug. 10, 2022
By Robert W. Wood

To be clear, the IRS is never bound by an allocation in a settlement agreement. Even so, as a practical matter the IRS pays at...



Law Practice, Appellate Practice

“Harvard to Hashtag” is a must-read for anyone thinking of starting or growing a law firm.


Ediscovery, Civil Litigation

SB 1149 will wreak havoc on California’s civil discovery

Aug. 9, 2022
By Kyla Christoffersen Powell

SB 1149 forbids protective orders and confidential settlement agreements in any litigation involving alleged product defects o...


Government, Civil Rights

Voting rights and for whom the snake coils

Aug. 9, 2022
By Paul Stanton Kibel

Historically, the right that was not to be tread upon, for which the poised snake was willing to strike and kill, was the righ...


Tax, Family

Seller beware – court rules that California can tax gain from the sale of goodwill

Aug. 9, 2022
By Kevin R. Ghassomian, Walter R. Calvert

The trial court ruled, and the appellate court confirmed, that the FTB regulations for apportioning business income within the...


Law Practice, Appellate Practice

What Vin Scully taught me about life (and law)

Aug. 9, 2022
By Nathaniel L. Bach

Scully was of course no lawyer, but he had in spades the qualities and skills that we would do well to borrow.


Law Practice, Appellate Practice

“‘A mere conflict in the testimony of expert witnesses provides no justification for the matter to go to a lay jury who will t...


Tax

Twitter, Elon Musk, $1 billion fee and taxes

Aug. 8, 2022
By Robert W. Wood

Musk talks and tweets a lot about taxes, including about how much tax he should pay on selling Tesla stock. He’s also complain...


Litigation & Arbitration

How not to screw up your case in arbitration, part two

Aug. 8, 2022
By Christopher David Ruiz Cameron, Kathy Fragnoli

The testimony of even the most well-prepared witness may prove useless – or worse, problematic – unless the advocate listens a...


Letters

Family law lawyers not represented in Top 40

Aug. 5, 2022
By Lawrence P. Riff


Entertainment & Sports

Stream it Tonight! A Free Soul (1931)

Aug. 5, 2022
By Paul Bergman, Michael Asimow

Earl Rogers was known for his courtroom theatrics as well as his legal acumen. He was one of the first lawyers to offer eviden...



Law Practice, Appellate Practice

Trial prep in 16 “easy” steps

Aug. 5, 2022
By Dan L. Stanford

Some lawyers make the mistake of focusing their entire trial preparation on the jury, and make the mistake of forgetting the j...


Law Practice, Government, Appellate Practice

Top twelve approaches for a better America

Aug. 5, 2022
By James P. Gray

One of the extreme threats not only to our economy but to our physical safety is our return to dependence upon some pretty dan...


Tax

With a shrinking economy and rising inflation, many see the carried interest loophole as an important incentive for small busi...


Family

The truth about parental alienation

Aug. 4, 2022
By Ron Berglas

If a targeted parent tells you all of the horrible things their children are saying to them, and you start thinking, “If the k...


Tax

Twenty percent: the initial income tax penalty

Aug. 4, 2022
By Bruce Givner, David Rice

They violated the veterinary rule of tax planning: you can save taxes as a bull; you can save taxes as a bear; but you can’t s...


Law Practice, Ethics/Professional Responsibility, Appellate Practice

Avoid Ethical Traps in Depositions

Aug. 4, 2022
By Alanna G. Clair

Preparing any witness for deposition is an important part of an attorney’s role as zealous advocate, but knowing the boundarie...


Constitutional Law

Slicing the Atom

Aug. 3, 2022
By Brian M. Hoffstadt

Culminating in Vega, the U.S. Supreme Court has chosen to define the "atom" of the constitutional right prohibiting the use of...


Letters


Technology, Judges and Judiciary, International Law

Stochastic Gradient Descent

Aug. 3, 2022
By Curtis E.A. Karnow

Unlike your country, which has been slow to accept the gifts of big data and artificial intelligence (I still smart at that us...


Land Use

No liability for trivial defects in sidewalks

Aug. 3, 2022
By Reza Torkzadeh, Allen P. Wilkinson

Whether a defect is trivial or not is determined by looking at all of the facts of the particular case.


Legal Education

Criticism of non-exam pathway is thinly veiled protectionism

Aug. 3, 2022
By Susan Smith Bakhshian, Stephanie Rae Williams

Unsupported assertions and broad misstatements about lax supervision or diploma privilege are convenient cover for what amount...


Civil Litigation

The time is ripe for courts to take a new look at jurisdictional issues involving national corporations. The business landscap...