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Law Practice, Ethics/Professional Responsibility

Protecting internal communications from disclosure

Aug. 23, 2018
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...


Tax

As you might expect with any government agency, failing to cooperate voluntarily with the IRS can have consequences.


Judges and Judiciary, Government

Keep judges out of politics

Aug. 22, 2018
By Noël Wise

Since the last effort in 2000, there has been little public discourse about the need to put a constitutional amendment on the ...


Administrative/Regulatory

Racing to get ahead of a looming consumer privacy ballot initiative in November, the California Legislature has enacted a new ...


Law Practice

The Seven Deadly (1L) Sins

Aug. 22, 2018
By Ira L. Shafiroff

With the academic year underway, first-year law school students need to be aware of the "seven deadly sins," critical missteps...


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

Aug. 21, 2018
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

Aug. 21, 2018
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

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

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

Aug. 20, 2018
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

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

MCLE
Aug. 20, 2018
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...


Consider a common dilemma arising in divorce cases, particularly in places like Silicon Valley or Silicon Beach that are laden...


Letters, Criminal

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

Aug. 20, 2018
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

Aug. 17, 2018
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,...


Criminal, Books

The traveling chair

Aug. 17, 2018
By Richard Wirick

Elizabeth Winthrop’s “The Mercy Seat” gives us a glimpse into the early days of the electric chair.


Litigation & Arbitration, Tax, Civil Litigation

Here are a few updated rules lawyers and clients should know about the taxation of settlements.


State Bar & Bar Associations

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

Aug. 16, 2018
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

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

Aug. 16, 2018
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

On Aug. 8, the Internal Revenue Service released long-awaited proposed regulations for the new Internal Revenue Code Section 1...


Tax, Government, Corporate

Last month, the Internal Revenue Service issued proposed regulations describing the transition tax for controlled foreign corp...


Civil Litigation

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

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

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

Aug. 15, 2018
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

There are several core categories of expertise where outside professional help can be of benefit.