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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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November 21 Digest

Posted By Administration, Wednesday, November 20, 2019

Slim Majority of Test-Takers Passed California’s July Bar Exam

For the first time in six years, a majority of people taking the most recent California bar exam passed, according to.

Read the full story at The National Law Journal

 

New Network of High Schools Aims to Boost Diversity in Legal Education and Beyond

The Law School Admission Council and Street Law have partnered to create the first directory of high schools that focus.

Read the full story at The Recorder

 

Newsom Picks SF Judge Teri Jackson for First District Appeals Court

If confirmed, Superior Court Judge Teri Jackson would be the first African American woman ever to serve on the San Francisco

Read the full story at The Recorder

 

With Data as National Security Threat, Big Law's Appetite for Government Officials Grows

The federal government has been watching closely for national security issues related to company's data collection practices

Read the full story at The Recorder

 

In Employment Landscape, Context Still Matters for Zero-Tolerance Policies

Shortsighted enforcement of rigid policies can cause more harm than good when context isn't taken into account.

Read the full story at The National Law Journal

 

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November 14 Digest

Posted By Administration, Wednesday, November 13, 2019

Firms Build Veteran Groups With an Eye on Community Service, Pro Bono

"There's a certain synergy between what we do in the military—in terms of planning, having a mission and getting

Read the full story at The Recorder

 

Calif. Bars the Calculation of Tort Damages Based on Race, Gender and Ethnicity

The law, which is the first of its kind, expressly prohibits reductions of damages for lost future earnings in personal.

Read the full story at The Recorder

 

The Big Gun Rights Case SCOTUS Never Took: No Appeal for Remington Over Sandy Hook

Remington Arms Co. LLC's won't get its day before the U.S. Supreme Court, which Tuesday denied certiorari in an appeal.

Read the full story at The National Law Journal

 

Justice Gorsuch Raises Key Question Against Trump's Move to Rescind DACA

Noel Francisco, the U.S. solicitor general, disputes the contention from DACA supporters that the Trump administration

Read the full story at The Recorder

 

What Newsom's First Judicial Picks Reveal About His Appointment Philosophy

Conversations with two of Newsom's first judicial appointees, as well as a review of the resumes of nine others, offer.

Read the full story at The Recorder

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November 07 Digest

Posted By Administration, Thursday, November 7, 2019

Quinn Emanuel Says Clients Can Pay in Bitcoin

The litigation megafirm says it considered the legal ethics implications of cryptocurrency payments before joining the.

Read the full story at The Recorder

 

The Intersection of the California Consumer Privacy Act and California’s Preexisting Consumer Protection Statutes

The California Consumer Privacy Act (CCPA) contains an explicit prohibition, along with implicit safe harbors, likely

Read the full story at The Recorder

 

Gig Companies Set Lobbying Records Amid Fight Against Landmark Labor Bill

The intense lobbying, however, was not enough to overcome organized labor's support for AB 5, a new law that makes it.

Read the full story at The Recorder

 

ABA 'Not Qualified' Rating and Blue Slips Dominate Hearing for Ninth Circuit Nominees

At a Senate Judiciary Committee hearing on two nominees for the U.S. Court of Appeals for the Ninth Circuit on Wednesday, senators from both political parties raised dueling concerns about how the judicial confirmation process currently plays out.

Read the full story at The Recorder

 

There’s (Not) An App for That: Solving the Legal Profession’s Mental Health Problem

Because these tools actually can make struggles worse, their role should be secondary.

Read the full story at The Recorder

 

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October 31 Digest

Posted By Administration, Wednesday, October 30, 2019

Senate Confirms Ex-Kavanaugh Clerk Deemed ‘Not Qualified’ for the Bench by ABA

The American Bar Association deemed Justin Walker "not qualified" over a lack of trial experience

Read the full story at The National Law Journal

 

Bar Pass Rates Are Up. Is the Worst Over?

New York, Florida, Pennsylvania, Illinois and Virginia are among the many jurisdictions celebrating higher pass rates

Read the full story at The National Law Journal

 

Judge Poised to Knock Out PragerU’s State Law Claims Against YouTube

Judge Brian Walsh of Santa Clara Superior Court wrote that he was not persuaded YouTube's unrestricted mode and advertising

Read the full story at The Recorder

 

Gap, Uber and 20 Other Legal Departments Sign On for In-House Mansfield Rule Pilot

Legal departments in the Diversity Lab program are asked to consider at least 50% underrepresented candidates for internal.

Read the full story at The Recorder

 

As Hackers Get Smarter, Can Law Firms Keep Up?

"It's not the hardware you worry about. It's the mistake that someone makes that inadvertently gives a bad actor access,"

Read the full story at The Recorder

 

Gov. Newsom First Batch of Superior Court Appointments Stacked With New Women Judges

Women dominated this round of Superior Court appointees, with female judges filling eight of the open judgeships

Read the full story at The Recorder

 

An Amendment to the CCPA Provides a Welcome But Brief Reprieve for B2B Businesses

The reprieve is a welcome break from the heavy compliance burden that businesses will face, especially for those whose.

Read the full story at The Recorder


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October 17 Digest

Posted By Administration, Wednesday, October 16, 2019

Three California Justices Make Liberal Group's SCOTUS Shortlist

The progressive group Demand Justice on Tuesday pitched 32 lawyers, judges, academics and litigators as would-be U.S

Read the full story at The Recorder

 

Gavin Newsom Is Delivering for Plaintiffs Lawyers, Labor Advocates

Over the last four weeks, culminating with Sunday night's bill-signing deadline, Newsom has approved numerous pieces.

Read the full story at The Recorder

 

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask -- 100 Days Out

Part One of a Two-Part Article Responses to questions businesses frequently ask about the impacts of the CCPA. Implementation

Read the full story at The Recorder

 

New Law Gives Felons 'Fresh Start' With Jury Eligibility

The new law was championed by the ACLU, the California Public Defenders Association and advocates for prisoners and

Read the full story at The Recorder

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October 10 Digest

Posted By Ryker Heberle, Thursday, October 10, 2019

As Biometric Screening Spreads, The Law Isn't Keeping Up

As biometric data gathering like facial recognition becomes an increasingly common tool in fighting against terrorism, legal protections have lagged behind that technology...

Read the full story at Law 360


 

California Supreme Court Provides Blueprint for Arbitration Agreement Strategy 

The California Supreme Court recently handed down an intriguing decision that casts doubt on—and in some cases even condemns—some of the most common practices used by employers in both drafting and presenting arbitration agreements to their employees.

Read the full story at The Recorder

 


With SCOTUS Declining to Take Up Domino's Website Accessibility case, Lawyers Expect New Wave of ADA Suits

Some lawyers say the high court’s silence is a loud proclamation that inaccessible websites violate the ADA, while others say it echoes a void of guidance on the issue.

Read the full story at The Recorder

 

Where Gorsuch Sees Ambiguity, Kagan Sees Clarity in LGBT Rights Case

The justices peppered the lawyers with hypotheticals as they probed the text of Title VII of the Civil Rights Act of 1964.

Read the full story at The Recorder

 

What To Watch in Next Term's Marquee Trademark Case at the U.S. Supreme Court

While the Supreme Court’s recent decision of a trademark case involving the First Amendment was within its usual scope, a new one to be decided in the Supreme Court’s new term is not. The question for decision involves money.

Read the full story at The Recorder

 

'Lawyerly' Clothing Article Forgot Women Lawyers Existed

Despite some of the progress the legal profession has made since 1995, women still face scrutiny, judgment, omission, and sometimes even discrimination based solely on their work clothes.

Read the full story at The Recorder

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October 3 Digest

Posted By Admin, Thursday, October 3, 2019

Goodbye Email, Hello Brave New World

As more clients ditch email for text and chat tools, attorneys and their law firms are forced to navigate the risks of operating in characters instead of paragraphs. Can they keep up with the times?

Read the full story at The Recorder


 

California's Solicitor General Would Make SCOTUS Debut in DACA Case

Michael Mongan, who clerked for Justice David Souter and for D.C. Circuit Judge Merrick Garland, would share time with Gibson Dunn's Theodore Olson in challenging the Trump administration's move to end the Deferred Action for Childhood Arrivals program.

Read the full story at The Recorder

 


New California Law a Fatal Threat to Franchising

The “progressive” effort to have franchisors declared the employers of their franchisees may have become law in California under AB-5.

Read the full story at The Recorder

 

Caps on Medical Malpractice Awards Could Face New Ballot Challange

Michael Mongan, who clerked for Justice David Souter and for D.C. Circuit Judge Merrick Garland, would share time with Gibson Dunn's Theodore Olson in challenging the Trump administration's move to end the Deferred Action for Childhood Arrivals program.

Read the full story at The Recorder

 

Justice Kagan’s Message for Those Who See Partisanship on the High Court: ‘Don’t Despair’’

In response to a law student’s question at the end of a speaking engagement at the University of California, Berkeley, the U.S. Supreme Court Justice said that she thinks questions of partisanship on the court are “overblown” but that the court needs to take them seriously.

Read the full story at The Recorder

 

California Lawyers Slam Bar Proposals for Fee-Sharing, Nonattorney Ownership

"This is madness. Why are we even contemplating allowing non-attorneys to practice law and provide legal advice?" one Big Law partner said in a letter to the California bar. Here's a snapshot of some of the other comments.

Read the full story at The Recorder

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September 19 Digest

Posted By Administration, Friday, September 13, 2019

As California Passes Landmark Worker Rights Bill, a Familiar Foe Takes Aim at Uber

"Uber's argument doesn't pass the straight-face test, because everyone in California knows that AB5 was intended to.

Read the full story at The Recorder

 

Second Partner Team Leaves Clyde & Co as Eight Quit San Francisco Office

The group intends to set up a new boutique firm, Atheria Law

Read the full story at The Recorder

 

Harvard Law's First Deafblind Graduate Tells Her Story

The 2013 grad, now a disability rights attorney and advocate in San Francisco, has penned a memoir about her experiences.

Read the full story at The Recorder

 

The Santa Clara Superior Court Bench Reaches Gender Parity

For more information, click here

 

How Changes to California's Data-Privacy Rules Would Affect Employers 

The clock is ticking for employers to comply with the new law.

Read the full story at The Recorder

 

Ninth Circuit Weighs Next Steps in Major Pay-Equity Fight

The U.S. Supreme Court vacated an earlier en banc decision after concluding the late Judge Stephen Reinhardt's vote

Read the full story at The Recorder


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September 12 Digest

Posted By Administration, Wednesday, September 11, 2019

July Bar Exam Pass Rates Poised to Increase, Thanks to Stronger MBE Results

The national average score on the July 2019 Multistate Bar Exam rose 1.6 points from the previous year, which could

Read the full story at The National Law Journal

 

Judge Tigar Doubles Down on National Injunction for Trump’s Latest Asylum Rule

U.S. District Judge Jon Tigar found that "a nationwide injunction is supported by the need to maintain uniform immigration.

Read the full story at The National Law Journal

 

Bad Play: Let’s Not Cast Transgender People as a Threat to Sports

Lambda Legal's Jennifer Pizer writes about an upcoming U.S. Supreme Court case involving a transgender employee and

Read the full story at The National Law Journal

 

California Makes Noise About Antitrust Probe Into Auto Emissions Deal, Stays Mum on Tech

The U.S. Department of Justice is questioning a deal between California and four automakers to increase fuel efficiency

Read the full story at The Recorder

 

Ninth Circuit Tells John Steinbeck's Family to Stop Litigating the Same Copyright Claims

"This has to end," wrote Ninth Circuit Judge Richard Tallman. "We cannot say it any clearer."

Read the full story at The Recorder

 

Snap, Facebook on Brink of Invalidating Several BlackBerry Patents

If U.S. District Judge George Wu sticks with his Sept. 5 tentative ruling, it will be good news for Facebook and even

Read the full story at The Recorder

 

Late Changes to California Labor Bill Would Empower City Attorneys

The late amendment appears to give significant litigation power to municipal attorneys in Los Angeles, San Diego, San

Read the full story at The Recorder

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September 05 Digest

Posted By Administration, Wednesday, September 4, 2019

Another Northern District Magistrate Weighs in on Forced Use of Biometrics to Unlock Devices

U.S. Magistrate Judge Virginia Demarchi in San Jose found that forcing an individual to use a biometric feature such

Read the full story at The Recorder

 

Can AIs Hold Patents? Experts Answer USPTO's Questions About Artificial Intelligence

The agency is anticipating the need to adjust some policies as more inventions are created (or at least assisted) by

Read the full story at The Recorder


Riding the IPO Wave: The Outlook for West Coast Companies

One factor contributing to the current IPO boom is the relative ease of preparing for the offering afforded by developments

Read the full story at The Recorder


Legislative Six-Pack: California Employers Should Closely Monitor These Six Critical Bills

As the 2019 legislative year comes to a close, there are a number of critical labor and employment proposals still making their way to Gov. Newsom’s desk. 

Read the full story at The Recorder

 

Ditch Multiple Choice? Simplify the Test? Ideas Abound on Reforming the Bar Exam

The National Conference of Bar Examiners' Testing Task Force has released a report on the input it received from legal.

Read the full story at The Recorder

 

New Ethical Rules Governing Attorney Advertising

Attorney advertising is not a matter of "anything goes." Instead, the ethical rules contain limitations on attorney advertising practices, which can at times be confusing in light of the many new advertising methods available to attorneys

Read the full story at The Recorder

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more Calendar

12/13/2019
2019 Annual Family Law Holiday Luncheon

Recent Recognitions
Constance L. Carpenter2018 Pro Bono Lawyer of the Year
Susana Inda2018 Barrister of the Year

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