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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...


California Supreme Court, Appellate Practice

The geography of the high court docket

Jul. 29, 2016
By Kirk C. Jenkins

How closely do the three principal areas of the California Supreme Court's docket -- civil, criminal and death penalty -- corr...


Ethics/Professional Responsibility

Protect yourself from over-disclosing

Jul. 29, 2016
By J. Randolph Evans, Shari L. Klevens

Considering the sheer quantity of documents often involved in modern litigation, even the most careful attorney can inadverten...


Under existing law, it takes at least a majority vote of the members of an LLC to dissolve the entity and wind up its activiti...


Perspective

New rules are monumental for commercial drones

Jul. 28, 2016
By Jared Greenberg

The new regulations lower the barrier to entry and expand the number of businesses using drones from 5,526 companies with exem...


Perspective

Water conservation efforts must continue

Jul. 28, 2016
By Wesley A. Miliband

The governor has not declared the drought over, extending harsh water shortage conditions seen in many parts of the state into...


Labor/Employment

A recent opinion assures employers who retain outside counsel to conduct workplace investigations that the attorney-client pri...


Perspective

In December 2015, several amendments to the Federal Rules of Civil Procedure took effect. Among the changes, the proportionali...


Technology & Science

Self-driving laws

Jul. 28, 2016
By Anthony J. Casey

They will ultimately displace the entire legal profession as we know it, while creating demand for a new set of skills that wi...


Perspective

All of the Supreme Court's friends

Jul. 28, 2016
By Brian P. Goldman

The court's just-finished term was another banner year for friend-of-the-court briefs, with interested parties filing 849 brie...


Tax, Law Practice

Even thinking about tax filing may make you nervous. Are you claiming something that the IRS may view as over the top? How muc...


U.S. Supreme Court, Tax, Corporate

States get aggressive about out-of-state sellers

Jul. 27, 2016
By William H. Gorrod

Several are developing new methods to enforce sales and use taxes for online purchases and setting the battlefield by seeking ...


Environmental

Cap-and-trade links will bolster market

Jul. 27, 2016
By Allison C. Smith

Linking the state cap-and-trade program to Ontario and other jurisdictions would benefit California with increased market liqu...


Criminal

Prop 57 may leave victims feeling abandoned

Jul. 27, 2016
By Patrick Mcgrath

This November, California voters will be presented an opportunity to make fundamental changes to its criminal justice system. ...


Government, Administrative/Regulatory

Making effective requests for public records

Jul. 26, 2016
By Derek P. Cole

fWhile the California Public Records Act's policy of open government usually requires agencies to overlook deficient requests,...


Labor/Employment

Wage and hour laws haven't kept up with technology

Jul. 26, 2016
By Gene F. Williams

California businesses and employees run the very real risk of missing out on many of these benefits, or falling behind other p...