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U.S. Supreme Court, Tax, Ethics/Professional Responsibility

When the government knows a law firm caters to a particular type of client – worst case, criminals not known to the government...


Ethics/Professional Responsibility

While it is customary to meet and confer before bringing a motion to disqualify, use caution.


Tax

“Reasonable cause” avoids IRS penalties

Jan. 26, 2023
By Robert W. Wood

Cherry-picking what you tell your tax adviser to get the answer you want to hear is not reasonable. That kind of behavior woul...


Law Practice, Appellate Practice

Utilizing the power of requests for admission

MCLE
Jan. 26, 2023
By Robert A. Roth

Ways to use California’s request for admissions scheme to gain a litigation advantage.


Contracts

Non-competes no more?

Jan. 26, 2023
By Eric S. Hochstadt, Mark A. Perry

The Non-Compete Clause Rule was an unprecedented move by the FTC, both because the agency had not previously attempted to regu...


Wills, Estates & Trusts, Litigation & Arbitration

Logical analysis may give structure to estate or trust negotiations. But each dispute will be based on factors that cannot con...


Letters

Re: Horvitz & Levy Article on MICRA Changes

Jan. 25, 2023
By Benjamin T. Ikuta


U.S. Supreme Court, Constitutional Law

Confiscating equity through foreclosure?

Jan. 25, 2023
By Michael M. Berger

The U.S. Supreme Court will soon decide whether states that foreclose and take equity beyond delinquent taxes violate the Fift...


Legal Education, Law Practice

A first-year attorney’s survival guide

Jan. 25, 2023
By Sheri R. Lalehzarian

Lessons learned while weathering the pandemic in law school.


California Supreme Court

The persuasive attorney and wise jurist recognize that the historical underpinnings of a law, decision, or custom is critical ...


Torts/Personal Injury, Entertainment & Sports

Alec Baldwin’s closing statement

Jan. 24, 2023
By Louis J. Shapiro

Ms. Gutierrez-Reed maintains that she doesn’t know how the weapon had live rounds in it and that she is not to blame for the d...


Letters


California Supreme Court

California’s violent chief justice

Jan. 24, 2023
By John S. Caragozian

David Terry, newly elected to the Supreme Court and also a Committee opponent, was present. Terry drew his Bowie knife – which...


Constitutional Law

A veiled threat

Jan. 24, 2023
By Steven S. Kimball

The notion that the free expression of religion of a student group like Fellowship of Christian Athletes may threaten others i...


Law Practice, Appellate Practice

2023 headwinds and your practice

Jan. 23, 2023
By Sandy Lechtick

Some partners will be de-equitized, while others will be gently nudged out. We are already seeing an increase in “stealth layo...


Real Estate/Development, Contracts

Non-breaching parties to a letter of intent may have a claim for costs incurred in reliance on that promise if that promise is...


Judges and Judiciary, Government

Of the 26 recent vacancies on the federal courts in California, only 11 remain – with nominees pending confirmation in the Sen...


Tax, Ethics/Professional Responsibility

The U.S. Supreme Court has agreed to decide whether the IRS may issue a summons seeking an innocent party’s records without pr...


Litigation & Arbitration, Civil Litigation

Third inning: liability, damages, collectability

Jan. 20, 2023
By Joseph M. Barrett

Perspectives can change after a lawyer accepts a case, no matter how black-and-white the case seems initially. Thorough invest...


U.S. Supreme Court, Immigration

Abusing the shadow docket

Jan. 20, 2023
By Erwin Chemerinsky

It again is five conservative justices advancing the conservative agenda, here with regard to immigration, in violation of cle...


Data Privacy

Brain to vehicle technology is a privacy nightmare

Jan. 20, 2023
By Anita Taff-Rice

Why hack corporate databases to get personal data? Just read the person’s brainwaves instead.


Government

The only practical solution is for Congress to promptly act to increase the debt ceiling, which it recently did with bipartisa...


Litigation & Arbitration

To stay or not to stay – the arbitration jurisdictional split is on the docket

Jan. 19, 2023
By Elizabeth Pipkin, Christopher Rosario

Coinbase sides with the majority view, lamenting in its petition that it has been forced to answer two complaints that seek to...


Law Practice, Ethics/Professional Responsibility, Appellate Practice

These disclosures promote compliance with rules of professional conduct, which require the client, and not an unnamed entity b...


Torts/Personal Injury, Labor/Employment

Tort suits for union strikes?

Jan. 18, 2023
By Richard G. McCracken

Several members of the Supreme Court examined Assistant Solicitor General Vivek Suri about whether “intentional destruction” w...


Torts/Personal Injury, Government

Supporters have heralded the law change as a victory for pedestrians, and for people living in low-income communities of color...


Tax

Rain brings water, floods and tax relief

Jan. 18, 2023
By Phil Jelsma

The IRS automatically provides filing and penalty relief to any taxpayer with an IRS address of record located in a disaster a...


Government, Consumer Law

In 2018, sidewalk food vending was first decriminalized through Senate Bill 946. After that, however, local authorities could ...


Labor/Employment, Government

There is evidence of a huge push for unionized workplaces affecting all industries in California, including farmworkers. In re...


Law Practice, Appellate Practice

Be kind to your reader

Jan. 17, 2023
By Myron Moskovitz

Writing clearly requires getting out of your shell as a writer, and thinking about your reader.