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State Bar & Bar Associations, Law Practice

The life cycle of a State Bar complaint

MCLE
Aug. 11, 2016
By Heather E. Abelson

Chances are that you never learned about the State Bar discipline process in law school, and you likely did not learn about th...


Tax

On Aug. 2, the Internal Revenue Service issued proposed regulations restricting valuation discounts in estate and gift tax pla...


Probate

The estate planner's tool kit has expanded ever so slightly with the California Legislature's creation of "transfer on death d...


Labor/Employment

Bill would speed up wage equality fight

Aug. 11, 2016
By Rebecca Stephens

While California already has one of the nation's most progressive equal pay laws, taking the additional step of prohibiting th...


Law Practice, Law Office Management, Bankruptcy

Run the Jewel to the high court

Aug. 11, 2016
By Suzzanne Uhland, Jennifer M. Taylor

We'll have to wait for the California Supreme Court to settle the debate over whether a bankrupt California law firm's estate ...


Criminal

Prop 62 solves the death penalty dilemma

Aug. 10, 2016
By David A. Senior

The initiative provides voters a choice to allow murderers to have a prison death, while avoiding the protracted taxpayer expe...


Law Practice

Going solo doesn't mean going alone

Aug. 10, 2016
By Hamid Yazdan Panah

The key to building a successful solo practice, apart from hard work and careful planning, is making it a sustainable model in...


Corporate

Ethical, legal AI issues will have big impact

Aug. 10, 2016
By Olga V. Mack

STARTUP ROUNDUP: Although artificial intelligence was once pure science fiction, it's now a looming reality catching the eye o...


Perspective

NONPROFIT NEWS: In this new monthly column, we'll take a brief look at recent developments in the laws and policies that affec...


Civil Litigation, California Courts of Appeal, Appellate Practice

Courts of Appeal are reining in ambiguous settlement offers

Aug. 10, 2016
By Craig A. Roeb, Heather Patrick

Since January, California Courts of Appeal have handed down cases arising from 998 offers that, when read together, reveal a t...


California Courts of Appeal

The steal and destroy evidence doctrine?

Aug. 10, 2016
By B. Douglas Robbins

As a consequence of the strange contours of California's spoliation doctrine, there may be circumstances in which your client ...


Judicial Profile

Theodore Weathers

Aug. 10, 2016
By Dean Calbreath

San Diego County Judge Theodore Weathers wins praise from attorneys for his steady hand.


State Bar & Bar Associations, Ethics/Professional Responsibility

ABA should adopt discrimination rule

Aug. 9, 2016
By Diane L. Karpman

There is a national movement to tighten up rules and regulations involving discrimination, harassment, and bias on the basis o...


Administrative/Regulatory

Legislators and governors struggle to fight opioid addiction while still allowing legitimate patients access to their pain med...


Perspective

What will replace nuclear, and who will pay?

Aug. 9, 2016
By Patrick Ferguson

If PG&E's plant to close the Diablo Canyon nuclear power plant is successful, it would be the first time a large commercia...


Civil Litigation

Maybe America needs more Peter Thiels

Aug. 9, 2016
By David P. Elder, Neville L. Johnson

We need a broader discussion of defamation and privacy law and the First Amendment and other restrictions thereon in a digital...


Litigation

Grand jury subpoenas and an Icarian fall from grace

Aug. 9, 2016
By Anna-Rose Mathieson

The 9th Circuit recently considered whether a prominent politician's personal emails (no, not that politician) are di...


Law Practice

Client Care 1

Aug. 9, 2016
By David M. Balabanian

You might imagine that your clients keep big ledgers in which the details of your achievements are inscribed for all time, alo...


Perspective

Supreme Court justices follow less stringent rules than members of Congress, cabinet heads and their staffs on issues ranging ...


California Courts of Appeal

Making law in the dark

Aug. 8, 2016
By J. Anthony Kline, Jerome B. Falk Jr.

It took many by surprise when the California Supreme Court adopted a proposal to abandon the practice of automatic depublicati...


Alternative Dispute Resolution

Add OODA Loop to your mediation strategy

Aug. 6, 2016
By Jan Frankel Schau

The phrase "OODA Loop" refers to the decision cycle of observe, orient, decide and act. Military strategist United States Air ...


Perspective

Settling effectively with multiple parties

Aug. 6, 2016
By Mark D. Licker

Effective settlement negotiations start with preparing a case for trial. In cases with multiple parties defendant, settlements...


If you make money, it is always taxable no matter what, but the rules are different if you lose money. If it is a real busines...


Corporate

A recent, unpublished 9th Circuit opinion demonstrates the minimalist geographic market allegations antitrust plaintiffs can m...


Government, Corporate, Administrative/Regulatory

FTC heads push back on data leak harm

Aug. 6, 2016
By Jonathan C. Sandler, Makan Delrahim

Last month, the three Federal Trade Commission commissioners vacated their chief administrative law judge's bold decision to d...


Civil Rights

Religion by any other name

Aug. 6, 2016
By Ethan Blevins

What is a religion? Which beliefs will we grace with special exemptions from the law? Few have tackled the question of what th...


Perspective

Self-driving car ads worry consumers

Aug. 5, 2016
By Christian J. Scali

As mass production of these vehicles become a reality, it is logical to expect additional government regulation will be propos...


Environmental

Time to revisit standing under CEQA

Aug. 5, 2016
By Jonathan E. Shardlow

The proliferation of CEQA litigation as a tool to impede development for commercial, anti-competitive, or unsubstantiated "NIM...


Law Practice

From the defendant's perspective, getting the trial judge to toss out a punitive damages award a few weeks after trial is much...


Perspective

Libel through the eyes of Trump

Aug. 5, 2016
By Karl Olson

If Donald Trump gets his way, the time-honored phrase "Stop the presses!" may take on a whole new meaning. By Karl Olson ...