Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association 

Our Current Issue

November 2015
Volume 38, No. 8

November 2015 cover


Judge Michael J. Raphael (right), Michael M. Farhang (center), and Christopher A. Nowlin (left) contend that properly focused discovery requests benefit clients and courts

Click here to take this month's CLE Self Test



List of Tests

MCLE Test Index

All the tests in this list are approved for one hour of MCLE credit.

The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

No. 251: The Measure of Misconduct -  November 2015 California and federal law differ on the admissibility of juror bias and the consideration of matters outside the record.

No. 250: Maroney's Minefield -  October 2015 California offers a very narrow procedural gateway but broad substantive grounds for a new trial.

No. 249:
 Evidently Objectionable - September 2015 A recent Judicial Council report recommends amending Section 437c of the Code of Civil Procedure to provide greater clarity for rulings on objections to evidence.

No. 248: Malpractice Expertise - July/August 2015 In legal malpractice cases, the proper use of expert testimony is dependent upon the standard of care of the relevant area of law.

No. 247: Defense Dilemma - June 2015
 Issues of conflict of interest, confidentiality, and client rights make bright-line rules in predecessor/successor legal malpractice cases unlikely.

No. 246: Transmutation of Law - May 2015 
Family Code Section 852's requirement of an express, unequivocal declaration of transmutation bars enforcement of a technically insufficient writing.

No. 245: 2014 Ethics Roundup (Legal Ethics credit) - April 2015
 Last year brought ethical challenges for dissolving law firms and a surprise for the State Bar's Commission for the Revision of the Rules of Professional Conduct.

No. 244: Patent Innovation - March 2015
 First-to-file, modified preissuance proceedings, and new post-grant procedures are among the reforms to patent law under the AIA.

No. 243: Liable Labels - February 2015 
Despite the rise in filings, plaintiffs in food labeling litigation still face challenges of plausibility, preemption, and certification.

No. 242: Boilerplate Breakdown - January 2015
 Frequent use of boilerplate in commercial real estate contracts does not preclude judicial review in light of statutory law and public policy.

No. 241: Re-Searching - December 2014 
Although it may seem counterintuitive, a good place to begin legal research is often a secondary print source.

No. 240: Cover Me - November 2014 
Priority-of-coverage litigation can implicate such complex issues as the vertical or horizontal exhaustion doctrine and circuity of litigation.

No. 239: Still Standing - October 2014
 Plaintiff shareholders in derivative actions who meet the criteria for representation can survive qualification challenges.

No. 238: The End of the Hour (Legal Ethics credit) - September 2014 Alternative billing arrangements are likely to receive close ethical scrutiny if a dispute later arises with a client.

No. 237: Employees Only -  July/August 2014 To avoid exposure to discrimination claims, employers should not misclassify volunteers as employees.

No. 236: The Nuremberg Defense (Legal Ethics credit) - June 2014 While the ABA Model Rules offer a mitigation defense, associates in California are responsible for unethical conduct taken at the behest of a partner.

No. 235: Copyright Capabilities - May 2014 Two recent copyright cases involve the safe harbor defense and the right of public performance.

No. 234: 2013 Ethics Roundup (Legal Ethics credit) - April 2014 Legal ethics issues involving conflicts of interest, disqualification, malpractice, and loss of fees continue to affect attorneys in California.

No. 233: The Art of Appropriation - March 2014 Infringement lawsuits against appropriation art have involved analysis of the transformativeness of the use of the copyrighted material.

No. 232: Big Doctrine - February 2014 If Noerr-Pennington is based on the First Amendment right to petition, logically it should not be limited to antitrust.

No. 231: The New LLC - January 2014 RULLCA's default provisions must be considered when drafting operating agreements for real estate LLCs.

No. 230: The Fitness of Recharacterization - December 2013 The Ninth Circuit has held that bankruptcy courts have statutory power to recharacterize debt to equity.

No. 229: The Properties of Preemption - November 2013 The Probate Code's mechanism for notice to creditors may provide protection against federal preemption.

No. 228: Domains in the Balance - October 2013 Noncommercial use of a domain name that includes someone else's trademark does not necessarily violate the Lanham Act.