Los Angeles Lawyer

The Magazine of the Los Angeles County Bar Association

December 2018 (link to full issue)
Volume 41, No. 9

December2018Cover   Featured Content
Getting Paid in Bitcoin

Los Angeles lawyer Lisa Miller examines California’s new ethics rules on accepting crypto-compensation
Earn CLE Credit

President's Page
Brian S Kabateck
The bench, the bar, and judicial independence

On Direct Attorney Profile
Rob Hennig, employment attorney 

Judicial Profile: Kelvin D. Filer
Compton Superior Court Judge Kelvin D. Filer applauds the return of LACBA's "Bridging the Gap" program for new lawyers


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. 283: Getting Paid in Bitcoin- December 2018 -  Attorneys accepting cryptocurrency as payment should be sensitive to the fact that the regulatory landscape is likely to change in the near future.

No. 282: The Wild West of Cryptocurrency- November 2018 -  In response to nonreporting by cryptocurrency users, DOJ used the "stick" of criminal prosecution to drive compliance and IRS presents taxpayers a "carrot" of voluntary disclosure.

No. 281: Deconstructing Dynamex - September 2018 - The landmark decision in Dynamex overturns a 30-year test for determining whether a worker is an employee or an independent contractor. 

No. 280: Tax Cuts and Jobs Act of 2017 - July/August 2018 - 
Key provisions are likely to affect professionals, high-net-worth individuals, and businesses.

No. 279: 
Health First - June 2018 - In Whitlow v. California Department of Education, parents opposed the enforcement of SB 277 as a violation of their children's rights to due process, equal protection, and education.

No. 278: Quote No More - May 2018 - The new law outlawing past compensation queries may create more questions than answers in trying to decrease the gender pay gap for high-profile roles in Hollywood.

No. 277: 2017 Ethics Roundup - (Legal Ethics credit) April 2018 - California lawyers confronted ethical issues involving conflict of interest, work product and attorney-client protections, and malicious prosecution.

No. 276: Accommodating Attorneys - March 2018 - The Interactive process that a law firm establishes to assist disabled staff is key to selecting appropriate accommodations.

No. 275: Start-Up Opportunities - February 2018 - The Internal Revenue Code permits the exclusion of certain gains from qualified small business stock.

No. 274: A Clean Bill of Sale - January 2018 - 
Prospective real estate purchasers can use various government resources to assist in managing hazardous waste disposal.

No. 273: Excepting Misconduct - December 2017
-The California Law Revisions Commission is considering a statutory revision allowing an exception to the confidentiality privilege in mediation proceedings .

No. 272: The Language of Loss - November 2017 - Anti-Montrose provisions may significantly impact commercial general liability coverage, especially construction defect and products liability claims.

No. 271:  Heart of the Matter - October 2017 -  Despite its new ruling in TC Heartland, the high court leaves "wiggle room" regarding what constitutes a "regular and established place of business"

No. 270: Driving Responsibly - September 2017 - 
Figueroa v. United States holds that a post-accident cash deposit in lieu of insurance does not establish legal financial responsibility at the time of an accident in which injury occurs

No. 269: Taking it Home - July/August 2017 - 
Recent court cases have aligned California with other states in reaffirming factors found in Rowland v. Christian determinative of asbestos tort liability.

No. 268: Preserving the Golden Years - June 2017 - Theft, neglect, and physical abuse, including sexual assault, are among the most frequent crimes that occur in nursing facilities.

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 and anti-SLAPP provisions.

No. 266: Perils of Third-Party Funding - (Legal Ethics credit) 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