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Tax, Banking

A Coinbase customer filed a motion in federal court seeking to intervene in the federal case and to block the IRS from enforci...


Perspective

Asimov's laws and the rise of self-driving cars

Dec. 20, 2016
By Patice A. Gore

The first of Isaac Asimov's three laws of robotics states that "a robot may not injure a human being or, through inaction, all...


Perspective

Just whose side are you on?

Dec. 20, 2016
By David M. Balabanian

T ime is generally what we sell, which has led some to ask whether increasing the "cost effectiveness" of lawyers helps them o...


Civil Litigation, Law Practice, Judges and Judiciary, Criminal

The art of cross-examination

Dec. 20, 2016
By Marshall A. Camp

In my experience, witnesses seldom yell "You can't handle the truth!" immediately before making a case-dispositive admission. ...


U.S. Supreme Court, Civil Litigation, Corporate, 9th U.S. Circuit Court of Appeals

Consumer class actions: year in review

Dec. 20, 2016
By Christopher J. Lovrien, Jason C. Wright

The more significant developments relate to challenges over who may pursue class action relief, either because of waiver provi...


Civil Litigation

Right to privacy and civil discovery

MCLE
Dec. 19, 2016
By Patricia M. Lucas, Gary Nadler

Learn about the source of the right to privacy, the test for determining when discovery may be curtailed due to the right, and...


Judicial Profile

Theresa Traber

Dec. 18, 2016
By Arin Mikailian

Superior Court Judge Los Angeles County (Pasadena) ...


Marketing

False endorsements lead to a lump of coal

Dec. 17, 2016
By Mike Starkey

Lawyers who use LinkedIn should opt out of the endorsements features, as baseless ones are dishonest and intentionally mislead...


GC Email

Equal pay law updates expand to include race, ethnicity

Dec. 17, 2016
By Anthony J. Oncidi 

Before 2016, California law prohibited gender, race and ethnicity-based discrimination, but the 2015 and 2016 amendments signi...


Litigation

New favorite target for TCPA claims: apps

Dec. 17, 2016
By Natalie Nahabet

Social media apps have recently become a favorite target of the plaintiffs' bar for claims under the Telephone Consumer Protec...


Law Practice

Lawyers are breaking bad left and right

Dec. 17, 2016
By Lori Weinberg Kinsella

"Breaking bad" means "raising hell," at least according to Vince Gilligan. In that case, lawyers in California are breaking ba...


Law Practice, Law Office Management

Departures aren't always voluntary

Dec. 17, 2016
By Daniel O'Rielly, Dena Roche

Increasingly in law firm life, the decision on whether you will depart the firm is made for you, and it merits preparation bec...


Ethics/Professional Responsibility

Hiring decisions affect liability exposure

Dec. 17, 2016
By Louie H. Castoria

Hiring errors are not unique to law firms, but can be costly, sometimes more so than missed court deadlines or unforeseen conf...


Large Firms

The in-house lawyer, it seems, has but one client to worry about. But the reality is that in-house counsel have their own part...


Law Practice

Everyone seems to believe that federal income tax rates will go down in the new year (no, California tax rates will not!). By ...


GC Email

Many workers who participate in the gig economy do not meet the legal definition of "employee" because of their contingent sta...


U.S. Supreme Court

7th Circuit Judge Richard Posner recently excoriated the high court chief's management skills in a video interview that went v...


Government

Faithless electors and the Constitution

Dec. 16, 2016
By Michael D. Ramsey

To be sure, the 12th Amendment's text does not require electors to be faithful. But the assumption of its drafters and ratifie...


Civil Litigation, Law Practice, Criminal

Tips for using social media research during voir dire

MCLE
Dec. 16, 2016
By Michelle Sherman

Lawyers looking to research the social media habits of prospective or empaneled jurors should take to heart the childhood adag...


Letters, Constitutional Law

Supreme Court can't just invent new rights

Dec. 15, 2016
By Richard A. Nixon

A recent guest column suggested that President-elect Donald Trump is going to take our First Amendment freedoms from us. That ...


Securities

Clues as to Trump's priorities

Dec. 15, 2016
By Jeff Steiner

It remains difficult to tell what aspects of Trump's agenda are driving investors and business leaders. By Jeff Steiner and Se...


Law Practice

Despite all we do to support our students, like any law school, some of our graduates will not pass the bar on the first try. ...


Law Practice, State Bar & Bar Associations

One might expect bar passage improvements in light of the fact that many law schools are expanding the academic support and se...


State Bar & Bar Associations

The issue of whether there are too many lawyers is a fair one to ask, but it is not the California Bar's job to control that s...


State Bar & Bar Associations

It just cannot be that a single exam is the answer when it adds astronomically to the costs of legal education and erects a ba...


Law Practice, State Bar & Bar Associations

Does the bar even measure the right skills?

Dec. 15, 2016
By Erwin Chemerinsky

An even more important question than why the results were so low this year is whether the bar exam is even measuring the skill...


Law Practice

Time to adopt the Uniform Bar Exam

Dec. 15, 2016
By Stephen C. Ferruolo

It is time for California to end the carnage and waste by adopting the Uniform Bar Exam and setting a pass score that is not p...


State Bar & Bar Associations

California grads are not less qualified

Dec. 15, 2016
By Jennifer L. Mnookin

In fact, on the multi-state portion of the exam, California test takers - even including the roughly 7 percent of exam-takers ...


U.S. Supreme Court, Government, Constitutional Law

Let the democratic process work

Dec. 15, 2016
By Erwin Chemerinsky

The national political process may be dramatically changed by a recent decision of a three-judge federal court in Wisconsin th...


California Courts of Appeal

More litigation over Right to Repair Act

Dec. 14, 2016
By Mark S. Roth

The 3rd District Court of Appeal recently issued a writ of mandate ordering a stay of pending litigation until plaintiffs sati...