U.S. Supreme Court, Tax, Ethics/Professional Responsibility
Supreme Court to decide IRS summons-notice rule for innocent third parties; but why this case?
By Evan J. Davis
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
Disqualification under Rule 3.7 (lawyer as witness): consent doesn't always cure
By Alison Buchanan
While it is customary to meet and confer before bringing a motion to disqualify, use caution.
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
By Robert A. Roth
Ways to use California’s request for admissions scheme to gain a litigation advantage.
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
The limits of logical analysis in estate and trust mediations
By John H. Sugiyama
Logical analysis may give structure to estate or trust negotiations. But each dispute will be based on factors that cannot con...
U.S. Supreme Court, Constitutional Law
Confiscating equity through foreclosure?
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
By Sheri R. Lalehzarian
Lessons learned while weathering the pandemic in law school.
California Supreme Court
Why is there a California Supreme Court Historical Society?
By Daniel M. Kolkey
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
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
The blood, sweat and culture of being a lawyer of a televised trial
By Steven E. Feldman
David Terry, newly elected to the Supreme Court and also a Committee opponent, was present. Terry drew his Bowie knife – which...
The notion that the free expression of religion of a student group like Fellowship of Christian Athletes may threaten others i...
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
Letters of intent for commercial leases - lessons learned from the Amazon case
By Jo Ann Woodsum
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
California’s federal bench vacancies have tapered, but there are more seats to fill
By Dianne Feinstein, Alex Padilla
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
Can the IRS summons your bank statements without providing notice?
By Stephen J. Turanchik
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
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...
It again is five conservative justices advancing the conservative agenda, here with regard to immigration, in violation of cle...
Why hack corporate databases to get personal data? Just read the person’s brainwaves instead.
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
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
Disclosure statements: a closer look at the identity of real plaintiffs
By Irfan A. Lateef, Arash Pia
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?
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
Jaywalking is now legal, but Californians still need to be cautious
By Logan Quirk
Supporters have heralded the law change as a victory for pedestrians, and for people living in low-income communities of color...
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
Street vending legitimized under state’s retail food code
By Czarmaine Majan
In 2018, sidewalk food vending was first decriminalized through Senate Bill 946. After that, however, local authorities could ...
Labor/Employment, Government
Extraordinary legislation sows new unionization standards for agricultural laborers
By Vanessa C. Krumbein, Rana Ayazi
There is evidence of a huge push for unionized workplaces affecting all industries in California, including farmworkers. In re...
Writing clearly requires getting out of your shell as a writer, and thinking about your reader.