Los Angeles Lawyer

The Magazine of the Los Angeles County Bar Association

April 2017
Volume 40, No. 2


Costa Mesa lawyer Juan C. Basombrio discusses the 2016 Justice Against Sponsors of Terrorism Act and its impact on foreign sovereign immunity theory as well as U.S. foreign relations.

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. 267: 2016 Ethics Roundup - (Legal Ethics credit) April 2017 - Last year attorneys in the state found relief from malpractice claims under statutes regarding one-year tolling limitations anti anti-SLAPP provisions.

No. 266: Perils of Third-Party Funding - March 2017 - If counsel discloses work product to a third-party financier who has no interest in maintaining confidentiality, work-product protection may be waived.

No. 265: Ready Capital - February 2017
 - Opening up unprecedented investment opportunities, the JOBS Act's lack of registration also engenders potential risks. 

No. 264: Out of the Courts - January 2017 - Finding ways to deal with the prohibition on dual-tracking is a key part of avoiding foreclosure litigation.

No. 263: Finding the Path - December 2016
- New partnership audit rules to be enacted in 2018 provide important changes to existing regulations that need to be considered in drafting current partnership agreements.

No. 262: Lemon Law - November 2016 - 
Many UCC defenses once available in California have been abrogated or minimized as causes of action under prevailing warranty law.

No. 261: Surviving the Appraiser Shortage - October 2016 -
Attorneys who need to meet minimum appraisal requirements in their practices have various options.

No. 260: A Right to a View -  September 2016 - Covenants that run with the land and equitable servitudes are both fundamental to land use restrictions that protect views

No. 259: Fashion Sense  -  July/August 2016 - 
Preserving a clothing brand requires a carefully analyzed application of the four main instruments of protection

No. 258: Trouble at Home  -  June 2016  
In California, an employer cannot sue an in-house attorney employee for malpractice negligence arising from acts that are within the scope of employment 

No. 257: Fairly Simple - May 2016
 A three-question test may be used to gauge fair use in nonfiction

No. 256:
 2015 Ethics Roundup (Legal Ethics credit) - April 2016 In a year marked by political upheaval at the State Bar, attorneys faced ethical challenges in the areas of disqualification, attorney-client privilege, technology, statutes of limitation, and malpractice

No. 255:
 Work Made For Hiring - March 2016  In California, a person who enters into a written agreement to produce works made for hire is an employee

No. 254:
  Judgment Way - February 2016 Examinations, liens, turnover orders, levies, and investigative techniques are among the tools available to compel judgment debtors to meet their obligations

No. 253: Home away from Home -  January 2016 Foreign buyers of California residential real estate must consider how best to address concerns of privacy, liability exposure, and taxation.

No. 252: Trouble at School -
  December 2015 For-profit career colleges have faced suits and investigations for misleading advertising, predatory lending, and inflated job placement numbers.

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.