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.
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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.
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