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Letters, Law Practice, State Bar & Bar Associations

Nonlawyer licensing an ill-conceived idea

Apr. 17, 2013
By John Smith

Just when I thought that I had heard everything imaginable in my 28 years of practicing family law, the State Bar is now consi...


Letters, Family

Concern over parental rights bill

Apr. 17, 2013
By Peter J. Logan

It is unclear how SB 115 would affect a situation where a teenager decides to seek out his or her natural parents. By Peter J....



Environmental & Energy

With all of the recent discussion about fundamentally altering the California Environmental Quality Act, or CEQA, it is easy t...


Letters, Law Practice, State Bar & Bar Associations

Licensing nonlawyers equals nonsense

Apr. 17, 2013
By Kenneth Brooks

What I see in the quest to license nonlawyers is my State Bar trying to save our standards of living rather providing access t...



U.S. Supreme Court, Law Practice, Intellectual Property

Back in state court: patent-based malpractice

Apr. 17, 2013
By Jonathan W. Hughes

The high court's opinion in Gunn v. Minton appears to put an end to the fairly brief period of federal court "arising u...


Securities, Corporate

Internal Revenue Code Section 409A governs these, and severely limits the ability of issuer to peg vesting to liquidity events...



Appellate Practice

Clear lesson for navigating the complex post-trial world

Apr. 17, 2013
By Kasey J. Curtis , Paul D. Fogel

The lesson from a recent case is clear: when you enter the sometimes complex post-trial world, know the controlling rules cold.


U.S. Supreme Court, Criminal, Constitutional Law

Time to stop defying prison overcrowding order

Apr. 17, 2013
By Erwin Chemerinsky

Gov. Brown's initial response has been to criticize the court decisions and to vow to take the matter to the Supreme Court. Bu...



U.S. Supreme Court, Tax, Corporate

Internet sales tax held constitutional

Apr. 16, 2013
By Robert W. Wood

New York's Amazon sales tax - requiring tax collected at time of purchase by online sellers with affiliate programs - has been...


SB 115 does nothing more than give the courts an opportunity to look carefully at the facts of each case and, based on those f...



Government, Banking, Administrative/Regulatory

Treasury Department wary of virtual currencies

Apr. 11, 2013
By Brian E. Klein

On March 18, the arm of Treasury responsible for combating money laundering, FinCEN, released interpretative guidance regardin...


Government, Family

Budget cuts lead to dysfunctional family law departments

Apr. 10, 2013
By Franklin R. Garfield

Many divorcing couples now prefer to do their talking directly or through counsel under the auspices of a mediator rather than...



Family

Parental rights for sperm donors in California?

Apr. 10, 2013
By Lisa P. Sutton

A second look at the Senate Bill 115 reveals that the amendment, however unintentionally, would expose women to unwanted pater...


U.S. Supreme Court, Intellectual Property

High court's 'first sale' ruling threatens market segmentation

Apr. 10, 2013
By Andrew J. Thomas , Lisa J. Kohn

The U.S. high court acknowledged that its decision "will make it difficult, perhaps impossible, for publishers (and other copy...



Law Practice, Ethics/Professional Responsibility

Unstable clients with guns, the worst kind

Apr. 4, 2013
By Wendy L. Patrick

The only thing worse than a difficult client is a difficult client with a gun. Whether or not you believe a threat, it is best...


Alternative Dispute Resolution

Ready, Aim, Mediate

Apr. 2, 2013
By Robert S. Mann

Tips on how to have a successful mediation. ...



Law Office Management

Gay Marriage at the Supreme Court

Apr. 2, 2013
By Erwin Chemerinsky

Erwin Chemerinsky discusses what should we look for at the gay marriage oral argument at the U.S. Supreme Court in which advoc...


Law Office Management

Prop. 8 Should Be Decided on the Merits

Apr. 2, 2013
By Rory K. Little

UC Hastings law professor Rory Little on why liberals and and conservatives alike should embrace "standing" in the Prop. 8 sam...



International Law, Family

Chinese companies face hurdles in US

Apr. 2, 2013
By Evie P. Jeang

Since U.S. business law is infinitely more developed than Chinese business law, being unprepared for the differences may have ...


Law Practice

Not an April Fools' Day column

Apr. 2, 2013
By Arthur Gilbert

The first Monday in April of 1996 was the last time my column appeared on April Fools' Day. Would it not be interesting to see...



Law Practice, Criminal

Heroes among us

Mar. 30, 2013
By Randolph A. Rogers

It has been said that a hero is someone who "understands the degree of responsibility that comes with freedom." On Jan. 31, 20...


It seems little, if any, attention has been paid to the broader social implications of the outcome of the gay marriage cases. ...



U.S. Supreme Court, Criminal, Constitutional Law

Biometrics and Fourth Amendment 'overbreadth'

Mar. 29, 2013
By Brian M. Hoffstadt

The U.S. and California Supreme Courts are in the midst of deciding whether law enforcement may constitutionally collect DNA s...


U.S. Supreme Court, Criminal, Constitutional Law

Justices deal blow to warrantless dog sniffs

Mar. 29, 2013
By Allison B. Margolin

The U.S. Supreme Court dealt a firm blow to the admissibility of warrantless dog sniffs that take place in the area immediatel...



California Supreme Court

Justice Stanley Mosk, cool guy

Mar. 29, 2013
By Gideon Kanner

I am in the process of wading through a biography titled "Justice Stanley Mosk: A life at the Center of California Politics an...


International Law, Government

Our annual budget deficit as a percentage of our gross domestic product, or GDP, is higher than those of Portugal, Italy, Gree...



Civil Litigation, Administrative/Regulatory

Whistleblower suits: 'qui tam' actions

Mar. 26, 2013
By Daryn Pakcyk

The objective of this article and self-study test is to familiarize readers with qui tam actions.


Tax

Given the complexity of taxes, the education function tax experts serve can be of enormous value, even when there is no disput...



Letters, Labor/Employment

Pay gap a popular, politically correct myth

Mar. 21, 2013
By Marc E. Angelucci

The so-called "pay gap" referenced by Jeffrey Lowe in his article "Equal pay bill a much needed fix,"is nothing more than a my...


Constitutional Law

On the constitutionality of drone strikes

Mar. 21, 2013
By Stephen F. Rohde

There are growing bipartisan demands in Congress for President Obama to publicly release all the legal memos justifying target...