Law Practice, Ethics/Professional Responsibility
Protecting internal communications from disclosure
By Shari L. Klevens, Alanna G. Clair
As soon as something goes wrong in a representation, the first instinct for many attorneys may be to turn to colleagues for ad...
As you might expect with any government agency, failing to cooperate voluntarily with the IRS can have consequences.
Since the last effort in 2000, there has been little public discourse about the need to put a constitutional amendment on the ...
Administrative/Regulatory
New law finally equips consumers with tools to track their data
By Anita Taff-Rice
Racing to get ahead of a looming consumer privacy ballot initiative in November, the California Legislature has enacted a new ...
With the academic year underway, first-year law school students need to be aware of the "seven deadly sins," critical missteps...
Tax, Corporate
Proposed regulations would affect first-year depreciation deductions
By Phil Jelsma
Earlier this month, the Internal Revenue Service issued proposed regulations on additional first-year depreciation deductions,...
Judges and Judiciary, Government, Constitutional Law
Cicero's warning: Eastern District emergency
By Daniel O. Jamison
There are 677 district court judgeships nationwide. As of Monday, 126 were vacant with only 73 nominees pending. Many are judi...
U.S. Supreme Court, Judges and Judiciary, Constitutional Law
Stare decisis lite in the U.S. Supreme Court
By Leonard L. Gumport
True or false: The U.S. Supreme Court gives more respect to its precedents interpreting the U.S. Constitution than to other pr...
Litigation & Arbitration, Civil Litigation, Law Practice, California Courts of Appeal
Form over content when it comes to confidential settlements
By Steven H. Kruis
An appellate court weighs in on a settlement agreement included a confidentiality clause stating the parties and counsel would...
Law Practice, Civil Litigation, Appellate Practice
Appellate Adventures, Chapter Eight: “How Do I Turn the Facts into a Story?”
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Law Practice, State Bar & Bar Associations
UC Irvine law: A dream come true
By Andrew J. Guilford
As UCI’s law school celebrates its 10th anniversary, ranked 21st among all the nation’s law schools, reviewing those early com...
Tax, Civil Litigation
Monsanto hit with $289M verdict; taxes could take 90 percent
By Robert W. Wood
Even if Monsanto were to pay the verdict, new tax rules will be as effective as Roundup in swallowing up most of the big verd...
Civil Litigation, Contracts
Drafting contracts that sufficiently define material terms
By Ryan D. Kashfian, Robert A. Kashfian
One of the most important but frequently misunderstood issues in contract drafting is whether the material terms are sufficien...
Family
How to handle restricted stock units with a marriage is ending
By Jeffrey P. Blum
Consider a common dilemma arising in divorce cases, particularly in places like Silicon Valley or Silicon Beach that are laden...
The headline the Daily Journal chose for a recent story feeds into the hysteria being generated and exploited by the Trump adm...
Letters, Criminal
Cambodian ‘criminals’ headline was insensitive
By Kenneth J. Sugarman
I was disappointed to see the group of human beings discussed in this article referred to in the headline as “Cambodian crimin...
U.S. Supreme Court, Constitutional Law, California Courts of Appeal
Retroactive tort liability and the First Amendment
By Deborah J. La Fetra
Why were three companies singled out to pay an enormous “public nuisance” bill? Because in the first half of the 20th century,...
Elizabeth Winthrop’s “The Mercy Seat” gives us a glimpse into the early days of the electric chair.
Litigation & Arbitration, Tax, Civil Litigation
Tax rules for settlements and judgments after tax reform
By Robert W. Wood
Here are a few updated rules lawyers and clients should know about the taxation of settlements.
State Bar & Bar Associations
LSAT versus GRE: A tale of two law school admissions tests
By Michael Lusby
While the LSAT is dominant among law schools, the GRE is gaining ground as a more accessible alternative.
U.S. Supreme Court, Judges and Judiciary, Government
What to expect at confirmation hearings
By Garrett M. Fahy
Judge Kavanaugh left quite a record for senators to sort through to prepare for his confirmation hearings, but there’s a few i...
Labor/Employment, Government
Amendments will help to clarify California’s pay equity laws
By Tara Presnell
Last month, Gov. Jerry Brown signed into law amendments to the new “prior salary history” ban, “pay scale” disclosure requirem...
Securities, Banking, Administrative/Regulatory
Cryptocurrency security-status questions clarified by SEC
By Jolene E. Negre, Michael W. Ross
In a recent speech, William Hinman, director of the Securities and Exchange Commission’s Division of Corporate Finance, began ...
Tax, Government, Corporate
Finally, proposed regulations regarding IRC Section 199A
By Megan Lisa Jones
On Aug. 8, the Internal Revenue Service released long-awaited proposed regulations for the new Internal Revenue Code Section 1...
Tax, Government, Corporate
New transition tax imposed for controlled foreign corporations
By Phil Jelsma
Last month, the Internal Revenue Service issued proposed regulations describing the transition tax for controlled foreign corp...
Courts must confront the issue of personal jurisdiction over plaintiffs in venue-transfer cases rather than avoid it or assume...
Constitutional Law, 9th U.S. Circuit Court of Appeals
Judge O'Scannlain should be overruled again on gun regulations
By Erwin Chemerinsky
Once more, Judge Diarmuid O’Scannlain has written an opinion for the 9th U.S. Circuit Court of Appeals striking down a state l...
Appellate Practice
Effective appellate briefs: the folk wisdom and the reality
By Steven R. Morrison
How accurate is anecdotal wisdom about appellate briefs? I and a colleague tested it empirically and quantitatively. We found ...
Government, Criminal, Civil Rights
Bill could force law enforcement to face #MeToo
By John D. Winer
Legislation pending in California would help force the fraternity of “boys in blue” to confront a history of suppressing and c...
Law Practice, Law Office Management
Collecting legal bills: When is outside professional help needed?
By Frederick Hertz
There are several core categories of expertise where outside professional help can be of benefit.