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Tax, Government, Administrative/Regulatory

In the height of the summer, we have indication from the IRS that the commerciality doctrine is alive and well; a cancer chari...


Government, Administrative/Regulatory

Protection from teddy bears and toasters

Aug. 15, 2017
By Anita Taff-Rice

As many politicians have learned over the decades to their regret, one should assume that all microphones are turned on and al...


Civil Litigation, Labor/Employment, Corporate, Civil Rights

Engineer who wrote memo may have claim against Google

Aug. 15, 2017
By Tamara M. Kurtzman

Under both the NLRA and California law, it is unlawful for an employer to terminate an employee for participating in a legally...


Letters, Ethics/Professional Responsibility, California Supreme Court, State Bar & Bar Associations

There is no evidence to support a high cut score

Aug. 15, 2017
By Mitchel L. Winick

Alarm, confusion and protection of the status quo seem to be the main themes of the recent debate surrounding the California S...


Letters, Law Practice, Ethics/Professional Responsibility, California Supreme Court, State Bar & Bar Associations

In his article, “The case against a lower bar pass score,” nowhere does Judge William F. Fahey demonstrate a correlation betw...


Letters, Ethics/Professional Responsibility, California Supreme Court, State Bar & Bar Associations

Lower cut score is a step backward

Aug. 15, 2017
By Mark D. Gershenson

Even at the existing passing grade, there are practicing attorneys in California who aren’t very smart or ethical, who don’t s...


Letters, Criminal

Prosecutor misses the forest for the trees

Aug. 14, 2017
By Michael Ogul

A response to my column on proposed changes to the special prosecutor rule used the tactic of quoting selected sentences or wo...


U.S. Supreme Court, Civil Litigation, Judges and Judiciary, California Supreme Court, Appellate Practice

Tailoring the Emperor’s New Clothes

Aug. 14, 2017
By Brian M. Hoffstadt

Precedent sometimes rests upon a legal fiction, and persists until a later decision exposes the fiction for what it is.


Civil Litigation, Judges and Judiciary, Appellate Practice, 9th U.S. Circuit Court of Appeals

Dos and Don’ts in the 9th Circuit

Aug. 11, 2017
By James Azadian, Cory L. Webster


Civil Litigation, Insurance

Insurance policies and breach of contract exclusions

MCLE
Aug. 11, 2017
By Shaun H. Crosner

Liability insurers frequently assert that contractual liabilities do not fall within their policies' insuring agreements, and ...


Law Practice, Law Office Management, Ethics/Professional Responsibility

All law firms are at risk of a cyberattack

Aug. 11, 2017
By J. Randolph Evans, Shari L. Klevens

For many attorneys, the concept of cybersecurity is completely foreign — frightening, perhaps. As evidenced in Part One of thi...


Government, Constitutional Law

Equal treatment for nonprofit and traditional media

Aug. 11, 2017
By Jonathan Riches

The institutional press has no monopoly on the First Amendment — or on the collection and dissemination of information that th...


Tax

How not to deal the IRS? Just ask DMX

Aug. 11, 2017
By Robert W. Wood

When it comes to taxes, you might want to emulate Warren Buffett, or perhaps even Donald Trump, if you think either made a tax...


Tax

When the partnership or LLC pays the tax

Aug. 11, 2017
By Phil Jelsma

The IRS’s proposed regulations on the new centralized audit regime are looming — and have many people scratching their heads i...


Law Practice, Corporate

Seeking alignment with your fee model

Aug. 10, 2017
By Scott M. Wornow

Any billing structure that diverges from the prototypical hourly model is likely classified these days as “alternative.” But i...


U.S. Supreme Court, Civil Litigation, Intellectual Property

Attorneys are now keeping their eye on court proceedings involving another provision of Section 2(a) — the “scandalousness” pr...


Letters, Criminal

I would like to point out a gross mischaracterization of facts in the Daily Journal’s Aug. 7 front page article, titled “Fraud...


Civil Litigation, Government, Environmental & Energy, California Supreme Court

Can the Metropolitan Water District of Southern California charge San Diego County more than the cost of providing the service...


Government, Criminal, Civil Rights

Releasing criminals is not the answer

Aug. 9, 2017
By Eric Siddall

California needs a comprehensive approach to lowering incarceration rates — a plan that will not only lower incarceration leve...


U.S. Supreme Court, Civil Litigation, Government, Environmental & Energy, Constitutional Law, Appellate Practice

Efforts seek to rein in Chevron deference

Aug. 9, 2017
By Davina Pujari, Vaneeta Chintamaneni


Law Practice, Judges and Judiciary, State Bar & Bar Associations

The case against a lower bar pass score

Aug. 8, 2017
By William F. Fahey

In discussing this issue with my colleagues on the bench, I have not heard that there is a shortage of lawyers in our state. N...


Government, Criminal

If Special Counsel Robert Mueller has opened a grand jury investigation, the witch has fallen from her broom and the dogs are ...


Immigration, Government, Constitutional Law, Civil Rights

Immigration bill isn’t likely to go far

Aug. 8, 2017
By Gabriel J. Chin

As promised during the campaign, President Donald Trump has backed legislation designed to reduce legal immigration. The RAISE...


Civil Litigation, Construction

Subcontractors and indemnity provisions

Aug. 8, 2017
By Garret D. Murai

What happens when a subcontractor’s employees are injured on a construction project, sue the general contractor, and the gener...


Law Practice, Judges and Judiciary, California Courts of Appeal

Fake

Aug. 7, 2017
By Arthur Gilbert

I was at a dinner party at a friend’s palatial mansion. There on the wall of the living room was Van Gogh’s “Vase with Fifteen...


Civil Litigation, Law Practice, Appellate Practice

Setting up an appeal — in the trial court

Aug. 7, 2017
By Myron Moskovitz

It’s up to you, the trial attorney, to make sure that your appellate lawyer gets a record that allows him to preserve your vic...


U.S. Supreme Court, Judges and Judiciary

Justice Hugo Black: the closet Klansman

Aug. 7, 2017
By James Attridge

What FDR didn’t know is that he had appointed a former Klansman who owed his political career to the power of the invisible em...


Tax

More criminal payroll cases coming

Aug. 7, 2017
By Robert W. Wood

As complex as our system is, many tax mistakes can be forgiven. Sure, you might still end up with civil penalties, depending o...


Health Care & Hospital Law

Mindfulness: What to Do When the Need for Help Arises

MCLE
Aug. 4, 2017
By A. Marco Turk

"Mindfulness" may be a buzzword these days, but it may also light the path to improving professional competence.


Civil Litigation, Government, Corporate

Bills will restrict consumer rights

Aug. 4, 2017
By Mike Arias, Elise R. Sanguinetti

Under the guise of so-called “tort reform,” congressional shills for corporate America’s abuses have introduced a series of bi...