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News for, and by, our local legal community, curated and created by the Santa Clara County Bar. The opinions expressed in this blog are the authors' own and do not necessarily represent or reflect the views of the Santa Clara County Bar Association, its members, its employees, or its governing board.

 

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Calif. Pushes Internet Privacy Rules That Trump Repealed

Posted By Administration, Friday, June 23, 2017
California on Monday joined more than a dozen other states that have introduced internet privacy legislation after Republicans in Washington and the Trump administration repealed Obama-era rules limiting what AT&T, Comcast and other broadband providers can disclose about their customers' online habits.
Read the full story at The Recorder

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Finalists Announced for Santa Clara County’s Top Citizen Watchdogs

Posted By Administration, Thursday, June 22, 2017

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June 20 Digest

Posted By Administration, Tuesday, June 20, 2017

Attorney who flouted court orders stripped of law license


A Southern California attorney who claimed State Bar disciplinary proceedings are unconstitutional was disbarred from the practice of law after he ignored and rejected an earlier suspension and probation for disobeying court orders. 
Read the full story at The State Bar of California


Avoiding the ‘voiding’ of your fee agreement and other ABCs of engagement

Attorneys enter into fee agreements on a daily basis. In the haste to sign up a client, errors can be made that significantly impact an attorney's rights and obligations downstream. This article looks at some of the key ethical concepts to keep in mind when putting together a fee agreement.
Read the full story at The State Bar of California


Task Force submits State Bar governance recommendations

The 2017 Governance in the Public Interest Task Force submitted a report to the governor, the Legislature and the California Supreme Court May 15 outlining recommendations for improvements to the State Bar.
Read the full story at The State Bar of California 


The State Bar's 2016 Annual Discipline Report available online

The 2016 Annual Discipline Report was delivered April 27 to the governor, the Legislature and the Supreme Court.

The State Bar's Office of Chief Trial Counsel closed 15,240 cases and filed formal charges in 672 cases during 2016. Also, in that same time period the California Supreme Court disbarred 191 and suspended 202 attorneys.
Read the full story at The State Bar of California


Law firms test 'Mansfield rule' to promote more women and minorities into leadership roles

Thirty large law firms have pledged to test a new “Mansfield rule” that requires 30 percent of its leadership candidates to be minorities and women.

The rule is named after Arabella Mansfield, the first woman admitted to practice law in the United States, report the Am Law Daily (sub. req.) and the Wall Street Journal Law Blog.
Read the full story at ABA Journal

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Big Law Vets Launch Women-Owned Beltway Boutique

Posted By Administration, Wednesday, June 14, 2017

There’s a new government contracts boutique on the block in the nation’s capital.

Steptoe & Johnson partner Sharon Larkin and Bradley Arant Boult Cummings partner Elizabeth Ferrell debuted their new, female-owned firm Larkin Ferrell earlier this month. Larkin Ferrell is the latest boutique government practice shop to open this year in Washington, D.C.
Read the full story at The National Law Journal

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​Supreme Court Turns Guns on Patent Office's Post-Grant Proceedings

Posted By Administration, Tuesday, June 13, 2017

The U.S. Supreme Court is putting inter partes review on trial.

The high court agreed to decide Monday whether post-grant proceedings at the Patent Trial and Appeal Board are unconstitutional. The proceedings were established in 2012 by the America Invents Act and have proved to be a hugely popular, relatively inexpensive avenue to cancel weak patent claims. It's become known by some as “a death squad” for patent rights.
Read the full story at The National Law Journal

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June 12 Digest

Posted By Administration, Tuesday, June 13, 2017

Gorsuch's Maiden Opinion: Terse, Plain-Spoken and Text-Based

New U.S. Supreme Court Justice Neil Gorsuch delivered his first opinion Monday, a tightly written unanimous decision that follows his pledge to focus on the text of statutes before the court.

Gorsuch’s decision in Henson v. Santander Consumer USA, a case argued April 18, followed the high court’s tradition of giving the newbie a positive experience by assigning him or her to write in a relatively straightforward case likely to yield a unanimous decision.
Read the full story at The National Law Journal


Trump's Travel Ban Suffers New Loss in Ninth Circuit

A federal appellate court on Monday handed President Donald Trump his second major defeat in a month after finding his executive order suspending immigration from six Muslim nations and the U.S. refugee program violated federal law.

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, in an unsigned opinion in Hawaii v. Trump, held that the executive order exceeded Trump’s authority under federal immigration law. That decision comes less than a month after the Fourth Circuit, on different grounds, upheld an injunction stopping the order from taking effect in International Refugee Assistance Project v. Trump.
Read the full story at The National Law Journal


Trump's Tweets Are 'Authority' in Advocates' New Travel Ban Filings

In what may be a first at the U.S. Supreme Court, President Donald Trump’s Twitter account was identified Monday as an “authority” along with the cases, law review articles and news citations that lawyers typically use to bolster their arguments.

The cited authority—”Donald J. Trump (@realDonaldTrump), Twitter (June 5, 2017), https://twitter.com/realdonaldtrump—came from the challengers to the president’s second executive order restricting travel from certain Muslim-majority countries.
Read the full story at The National Law Journal

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May 26 Digest

Posted By Administration, Friday, May 26, 2017

When Michelle Wanted Barack to Be a SCOTUS Law Clerk

The day after Barack Obama became the first African-American president of the Harvard Law Review in 1990, he took a phone call from Sheryll Cashin, then a law clerk to Judge Abner Mikva of the U.S. Court of Appeals for the D.C. Circuit.

Mikva by then was a “feeder judge” for Supreme Court law clerks, and Cashin told Obama that Mikva was “very interested in you,” according to a new biography of Obama’s life before becoming president in 2009.
Read the full story at The National Law Journal


Calif. Chief Justice Defends Letter Assailing Trump's Immigration Arrests

SACRAMENTO—California Chief Justice Tani Cantil-Sakauye said the state Supreme Court chambers were flooded with calls from “profane and very angry people” after she asked federal officials in March to stop arresting undocumented immigrants in state courthouses.

“And I received a lot of letters that said, ‘This is not your job … You shouldn’t be involved in politics. You’re just a judge who should interpret the law.’” Tani Cantil-Sakauye said Thursday in remarks at the Sacramento Press Club.
Read the full story at The National Law Journal


An Employee Spoke Out on Glassdoor.com, and Now the EEOC Is Suing His Company

Not long after Adrian Scott Duane posted a comment on Glassdoor.com that said his company’s managers “do not know what the word ‘discrimination’ means, nor do they think it matters,” the 32-year-old transgender worker’s desk had been cleared and he was fired from a Silicon Valley-based education technology company.

The U.S. Equal Employment Opportunity Commission on Wednesday filed suit in California against IXL Learning Inc. on behalf of Duane claiming the company violated federal law and that the dismissal was retaliation for the comments Duane posted on Glassdoor, the job recruiting website.
Read the full story at The National Law Journal

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May 25 Digest

Posted By Administration, Thursday, May 25, 2017

4th Circuit Uses Trump's Comments in Blocking Travel Ban

The U.S. Court of Appeals for the Fourth Circuit is the first appellate court to uphold an injunction against President Donald Trump’s revised travel ban executive order, a move that likely sets the issue up for an appeal to the U.S. Supreme Court.

Thursday’s opinion keeps in place a Maryland district court’s nationwide injunction against the order, issued March 6. The executive order blocked the entry of immigrants from six majority-Muslim countries.
Read the full story at The National Law Journal


Wanna Raise? Top Silicon Valley Counsel Give 8 Tips for Women Lawyers

Asking for a raise depends on timing, approach and company culture, said several top women in-house lawyers gathered at the Menlo Circus Club in Atherton, California, for an event focused on women and compensation in the legal industry.

Recruiting firm Kerwin Associates hosted the breakfast session, which included a panel moderated by Sophos Ltd. senior vice president and general counsel Eleanor Lacey; ClearSlide general counsel Olga Mack; Jenny Kim, vice president, law and policy group and associate general counsel, corporate legal group, at Intel Corp.; Maxim Integrated Inc. chief human resources officer Laura Owen; former Google counsel and current Ulu Ventures managing partner Miriam Rivera; and former SolarCity general counsel Seth Weissman.
Read the full story at The National Law Journal

 

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Santa Clara County Observes Family Reunification Day May 31, 2017

Posted By Administration, Thursday, May 25, 2017

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May 24 Digest

Posted By Administration, Wednesday, May 24, 2017

Trump Turns to Kasowitz, Rejecting DC Legal Vets

In a characteristically unorthodox move, President Donald Trump is reportedly poised to tap New York commercial litigator Marc Kasowitz to lead his personal legal team amid probes into his campaign’s alleged contacts with Russia.

Far from an established, Washington, D.C., white-collar figure, Kasowitz is best known for handling a mix of complex, high-stakes civil disputes in New York’s state courts, particularly involving financial institutions. He and his firm, Kasowitz Benson Torres, brought billions of dollars in claims against Wall Street banks in the wake of the subprime crisis.
Read the full story at The National Law Journal


Trump's DOJ Can't Quickly End Suit Over Rule-Rollback Order

A lawsuit challenging the Trump administration’s order that agencies eliminate two existing regulations for each new one will go forward despite the U.S. Justice Department’s effort to end it quickly on procedural grounds.

U.S. District Judge Randolph Moss in Washington on Tuesday denied the government’s request that he freeze the action on the plaintiffs’ motion for summary judgment in Public Citizen v. Trump.
Read the full story at The National Law Journal


The CFPB Is Fighting for Its Life. Here's What to Know

From the day it was born out of the Dodd-Frank reforms, the Consumer Financial Protection Bureau has faced questions over the constitutionality of its independent, single-director structure.

On Wednesday, the U.S. Court of Appeals for the D.C. Circuit will take a step toward providing an answer, as a full panel of 11 judges will hear arguments in the mortgage provider PHH Corp.’s appeal of a $109 million penalty.
Read the full story at The National Law Journal 

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more Calendar

6/28/2017
Rent Control, Just Cause Evictions and Fair Housing

8/30/2017
Getting to Yes: How to Get the Judge to Say Yes to Your Motion

10/6/2017
[2 in 1] Business Income Available for Support & Evidence Hot Topics

Recent Recognitions
Ruth Silver TaubePro Bono Award, 2016
Mariel BlockBarrister of the Year 2016

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