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Ethics/Professional Responsibility

Tips for fighting motions to disqualify

Aug. 5, 2016
By J. Randolph Evans, Shari L. Klevens

When a motion to disqualify is filed, the targeted law firm takes on a second client — itself.


Law Practice, International Law

New EU-US data privacy regime raises the bar

MCLE
Aug. 5, 2016
By Everett Monroe

For new Privacy Shield companies not used to European data protection requirements, the most challenging requirement may be pr...


Perspective

The California Court of Appeal holds that police dashboard videos aren't confidential police personnel records, and thus must ...


Law Practice

Although a case pending in the Northern District of California may bring clarity, it's still unclear whether the pleading stan...


Perspective

Hearsay ruling will affect civil cases, too

Aug. 4, 2016
By Don Willenburg

A new ruling holds that experts can still rely on hearsay to form an opinion, but cannot relay as true case-specific facts ass...


Perspective

When a single, otherwise-valid, SLAPP cause of action includes allegations of protected activities, these activities may be ex...


Thanks to a lawsuit pending in the Southern District of California against Monsanto Corporation, chemical manufacturers could ...


Corporate

Meditation to help cope with litigation

Aug. 3, 2016
By Olga V. Mack, Katia Bloom

Mindfulness and meditation are two simple and inexpensive tools that can help lawyers face and conquer the anxiety and depress...


International

Olympics: building a peaceful and better world, usually

Aug. 3, 2016
By Jonathan A. Michaels

This week will mark an Olympic first on many levels, and now another first can be added: the first Olympics to be embroiled in...


Insurance

Avoiding potential data fraud coverage gaps

Aug. 3, 2016
By Ashley N. Van Zelst

Technology platforms and products used in today's businesses often carry the potential risk of inherent system weaknesses or e...


While the growth of more choice and flexibility in family law is a cause for celebration, the developing legal regime fails to...


Constitutional Law

Viral videos are fogging up fair use

Aug. 3, 2016
By Kevin L. Vick

While online video is booming and seemingly impervious to intellectual property restrictions, producers must nevertheless stra...


Law Practice

A new ground for review and transfer

Aug. 3, 2016
By Cruz Reynoso

The Judicial Council should adopt a new Rule of Court to allow the Supreme Court to send a case back to the Court of Appeal if...


Criminal

A federal judge threw out 200 hours of audio evidence Monday that was collected by FBI investigators near the San Mateo County...


Perspective

The California Department of Toxic Substances Control and the earlier district attorney settlements with FedEx represent a new...


Law Practice

Firms need to up their data privacy game

Aug. 2, 2016
By Diana Maier

Law firms must understand privacy law compliance to maintain a basic level of professional competence both relating to their c...


Perspective

SEC's whistleblower program is gaining steam

Aug. 2, 2016
By Marc J. Fagel

The growing number and magnitude of SEC whistleblower awards will undoubtedly motivate an expanding number of potential whistl...


Appellate Practice

Practice makes perfect

Aug. 2, 2016
By Myron Moskovitz

A good way to prepare and practice for an appellate oral argument is to hold a moot court. ...


Judges and Judiciary

Politic and cautious

Aug. 2, 2016
By Arthur Gilbert

I keep my pet cat (rock) with me at work; I'd prefer the real thing but dare not, for fear my feline would purr into the micro...


Perspective

There oughta be a law

Aug. 2, 2016
By David M. Balabanian

Lawyers are diligent about ferreting out court decisions that bear on their matters but remarkably lax about finding potential...


Perspective

Virtually no guidance on virtual currency

Jul. 30, 2016
By Kate (Yiran) Zhang

Though digital currency, such as bitcoin, has been rising in popularity, there is very little guidance from the IRS regarding ...


Tax

Up next: the 'careless, not criminal' defense

Jul. 30, 2016
By Robert W. Wood

FBI Director James B. Comey said Hillary was just careless with her emails. Well, extremely careless. Since then, the bounds o...


Government

Bill reduces recoverable disability access damages

Jul. 30, 2016
By Julian Pardo De Zela

Under a new state law, business owners may hire a certified access specialist to ensure compliance with disability access stan...


GC Email

Data breach report has serious legal issues

Jul. 30, 2016
By Joseph M. Burton

The attorney general's attempt to define a standard of care by specifically endorsing a set of security measures in the 2016 C...


Perspective

Talking implicit bias at work

Jul. 30, 2016
By Adam Rosenthal

By bringing the issue of sexual harassment in the workplace out in the open, we have educated our workforce on how to detect a...


International Law, Government

China balks at the legal force of tribunal

Jul. 29, 2016
By William Slomanson

The South China Sea features a regional dispute with global implications. Conflicting sovereignty claims are clogging oil and ...


Litigation

The first, last and most important rule of direct examination (other than telling the truth) is this: prepare, prepare, prepar...


Mergers & Acquisitions, Corporate

A Delaware court recently considered whether a corporation was required to close a transaction even though its outside tax cou...


Personal Injury & Torts

Is there a duty to warn Olympic travelers about Zika?

Jul. 29, 2016
By Laurie E. Sherwood

The Summer Olympics are less than two weeks away, and among the many concerns facing these Olympics is the Zika virus. By Laur...


Family, California Supreme Court

SB 1255, which becomes effective in January, replaces a state high court ruling that a couple living under the same roof could...