Ethics/Professional Responsibility
The new attorney rules could unleash Pandora’s box of unintended consequences
By Kurt L. Schmalz
California Rule of Professional Conduct 8.3 and Business & Professions Code Section 6090.8 – the new lawyer “snitch” rules...
The Tiffany decision is an extreme example of a Court “strain[ing] to implement. . .[ parties] intent” to form a contract (cit...
State Bar & Bar Associations
California bar exam unnecessarily screens out potential excellent lawyers
By Claudia B. Center
Many legal services organizations and legal aid attorneys strongly support the proposed pilot creating a portfolio alternative...
Liquidated damages could undo a settlement agreement
By Abraham A. Khan
When a settlement agreement negotiated at a mediation includes liquidated damages, it may face heightened scrutiny, and a poor...
Real Estate/Development, Administrative/Regulatory
Don’t use the Coastal Act to abuse the Coastal Act
By Frank P. Angel, Cooper Kass
Short-term rentals expand overnight stay opportunities for coastal visitors, but have sparked complaints from locals about inc...
A recommendation to recognize an exception to the hearsay rule for a present sense impression lacked support, and § 1243 never...
Constitutional Law, Administrative/Regulatory
Is it time to reconsider Penn Central?
By Michael M. Berger
We need to stop kidding ourselves. Penn Central isn’t working and it can’t be fixed. The way to put all of us — judges, regula...
Labor/Employment
How far do California’s new non-compete laws reach?
By Walter C. Pfeffer
California’s new statutes on restrictive covenants create thorny issues for employers trying to determine who is actually cove...
We should start by following the advice of my wonderful and even heroic deceased father, U.S. District Judge William P. Gray, ...
Technology, Corporate
Great governance holds the key to “good” AI
By Sara L. Terheggen
In assessing AI’s data and functionality and its intersection with current and future regulatory compliance, it is important f...
State Bar & Bar Associations, Ethics/Professional Responsibility
Attorneys tasked with supervising “non-human, non-lawyer” assistant
By Anita Taff-Rice
Beginning with reporting year 2025, all attorneys must complete one hour of continuing legal education in use of technology in...
Year in Review Column, Securities
The SEC’s recent enforcement actions confirm whistleblower protections
By Thomas A. Zaccaro, Deeksha Kohli
In the SEC’s last fiscal year alone, the SEC’s Office of the Whistleblower received a record 18,000 tips (or approximately 70 ...
The purpose of this guide is to provide an instant definition of most of the common terms and “buzzwords” heard in a Family La...
State Bar & Bar Associations, Letters, Ethics/Professional Responsibility
Pro Bono work, not an alternative to the bar exam, improves access to justice
By Kris Whitten
In order to better serve the public, why doesn’t the State Bar turn its attention to partnering with the local bar association...
State Bar & Bar Associations, Letters, Ethics/Professional Responsibility
State Bar’s proposed alternative to taking the bar exam has much support
By Claire M. Solot
The statement that “everyone’s against it” is false. The State Bar staff report clearly states that 84% of the public support ...
In response to unlicensed credit promoters failing to substantiate ERC claims, the IRS announced new guidelines for reviewing ...
Torts/Personal Injury, Constitutional Law
Balancing free speech with a right to know about possible carcinogens
By Nidya Gutierrez, Aaron Zigler
If we value free speech, we must agree that businesses should not be unjustifiably compelled to issue messages to their consum...
Judges and Judiciary, Family
Guide to Family Court “Buzzwords” (Part 1)
By Patti C. Ratekin
The purpose of this guide is to provide an instant definition of most of the common terms and “buzzwords” heard in a Family La...
Judges and Judiciary, Family
Solutions for a broken family law system
By Mark E. Minyard
There are those who think that the family court does not need more judicial officers and believe it simply needs to be more ef...
Insurance
Opportunities for insisting on independent counsel
By Peter S. Selvin, Elliot Chen
Although the court's holding in Long v. Century Indemnity Co. had to do with whether Long's suit was subject to mandato...
Constitutional Law
Bump stocks, machine guns, and the rule of lenity
By Glenn E. Roper
A brief submitted by the Pacific Legal Foundation focused on the “rule of lenity,” a doctrine that requires resolving ambiguit...
As has been the case in many industries, leaders in the legal community have questioned whether it’s responsible to implement ...
Letters, Family
The Emperor Has No Clothes (in family law)
By Francisco F. Firmat (Ret.)
A system of justice that adds years to the emotional injury of divorce litigation, where justice is delayed and fractured, whe...
Law Practice
Harnessing the potential of content marketing in the legal field
By George Brandon
In this month’s edition of “The Source,” we delve into the power of content marketing in the legal field. Discover how to defi...
Mergers & Acquisitions
M&A Safe Harbor Policy bolsters deal certainty
By Joshua DuClos, Douglas Axel
The new policy has faced considerable political criticism, but critics have failed to acknowledge the valuable impact the poli...
Judges and Judiciary, Family
Family law as a training ground: the need for reevaluation
By Mark E. Minyard
Why is the family court the only court that is forced to treat its litigants with disrespect while litigants in other legal di...
Law Office Management, Ethics/Professional Responsibility
Reclaiming your books from unclaimed property
By David M. Majchrzak
One of the benefits of monthly reconciliations is that it allows lawyers to determine relatively soon who has not received the...
Corporate, Constitutional Law
The flaws of the ‘Ending Corporate Influence on Election Act’
By Audrey Perry Martin
It is crucial to recognize that corporations, like any other entity, have the right to engage in public discourse. Attempting ...
Government, Contracts, Administrative/Regulatory
Government Claims Act won’t bar actions seeking the interpretation of a contract
By Jeremiah Johnson
Government claims and declaratory relief: Stronghold Engineering Inc. v. City of Monterey. The 6th District ruled that ...
Tax, Law Practice
Is settling now, payment in January constructive receipt?
By Robert W. Wood
You have likely heard of the tax concept of constructive receipt. This tax rule only applies to cash basis taxpayers. And rega...
