Los Angeles Lawyer

The Magazine of the Los Angeles County Bar Association

March 2018
Volume 41, No. 1


  Los Angeles lawyer Kevin Rivera discusses state and federal laws requiring law firms and other legal employers in California to provide reasonable accommodation to attorneys with disabilities.

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. 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 

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.