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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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October 3 Digest

Posted By Ryker Heberle, 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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August 29 Digest

Posted By Administration, Thursday, August 29, 2019

Trump Nominates Lawyers With Big Law Ties to SoCal Bench Alongside New Ninth Circuit Candidate

The White House announced that it was putting forward Danielle Hunsaker, the presiding judge on the Washington County

Read the full story at The Recorder

 

CA Supreme Court Hires Former Appellate Justice to Review Bar Exam Blunder

Former Third District appellate justice Arthur Scotland is expected to release his findings this fall

Read the full story at The Recorder

 

9th Circuit Rejects DOJ’s Definition of ‘Safe and Sanitary’ Conditions for Migrant Children

A DOJ attorney had drawn scrutiny during oral arguments for an exchange over whether “safe and sanitary conditions

Read the full story at The Recorder

 

California Defends New Law Requiring Candidates to Disclose Tax Returns

Separately, US District Judge Morrison England Jr. has set a Sept. 19 hearing in Sacramento to hear three related suits

Read the full story at The Recorder

 

Supreme Court, State Bar Are Hiring Lawyers to Probe Exam Blunder

The California Supreme Court plans to conduct its own review of the disclosure, independent of the bar's investigation.

Read the full story at The Recorder

 

Appellate Panel Ponders How the First Amendment Applies to YouTube

A nonprofit video producer founded by political commentator Dennis Prager argued that a Ninth Circuit panel should revive

Read the full story at The Recorder

 

California's Judiciary Releases New List of Courthouse Construction Priorities

A new San Francisco Hall of Justice made the list, but Los Angeles courthouses were deemed lower priorities. 

Read the full story at The Recorder

 

Ex-Autonomous Vehicle Engineer for Google and Uber Charged With Trade Secret Theft

Anthony Levandowski is accused of stealing thousands of files related to driverless car technology as he departed from

Read the full story at The Recorder

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August 22 Digest

Posted By Administration, Wednesday, August 21, 2019

Lawyer Resilience in a Pressure-Cooker Profession. It’s (Probably) Not What You Think.

“Resilience doesn't mean “endurance. It involves taking care of ourselves so that we're in the best position

Read the full story at The Recorder

 

Jones Day Parental Leave Bias Suit Likely to Reverberate

Several other legal industry leaders offer parental leave policies similar to Jones Day's, which put the firm in the

Read the full story at The National Law Journal

 

Goodwin Liu and Jeremy Fogel Team with ABA to Probe Low Numbers of Minority Law Clerks

“We've been in consultation with a number of judicial colleagues, says California Justice Goodwin Liu, with the

Read the full story at The Recorder

 

Appellate Court Upholds Dismissal of Obese Man's ADA Lawsuit Against Medtronic

The U.S. Court of Appeals for the Ninth Circuit, however, punted on the question of whether morbid obesity is itself.

Read the full story at The Recorder

 

Business Lobby Prods 9th Circuit to Revisit Decision Curbing Consumer Arbitration

The U.S. Chamber of Commerce and other business and employer groups have just submitted amicus briefs calling on the 9th Circuit to reconsider decisions

Read the full story at The General Counsel News

 

Open Letter From Dentons Partner: Mental Health Crisis Requires Rethinking Firm Business Models

Jana Cohen Barbe argues the industry needs to revamp the billable hour structure, change the performance metrics it

Read the full story at The National Law Journal

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August 15 Digest

Posted By Administration, Wednesday, August 14, 2019

'We Have to Act Courageously': A Conversation With Law Firm Chief Diversity Executives

Five chief diversity officers share their thoughts on diversity in the legal profession and comment on such issues as

Read the full story at The National Law Journal

 

Five Californians Win ABA Women Lawyers of Achievement Award

The American Bar Association announced its five Margaret Brent Women Lawyers of Achievement winners Tuesday. Winners,

Read the full story at The Recorder

 

A smoking-gun document offered by ex-employee of opposing party? Beware ethical risks, opinion says

The scenario: A lawyer is offered access to a document from an opposing party’s former employee, who is not represented by counsel. 

Read the full story at The Aba Journal

 

Facebook's Facial Recognition Could Violate 'Privacy Interests,' Appeals Court Rules

The U.S. Court of Appeals for the Ninth Circuit upheld certification of a class of Illinois users who claim Facebook's.

Read the full story at The Recorder

 

Retired State Judges Lose Age-Bias Suit, Vow Appeal

The retired judges alleged as discriminatory a policy that places a lifetime cap on the number of days they can serve

Read the full story at The Recorder

 

Lawyers’ Wages Grew Slower Than Inflation, ABA Profile Reveals

The American Bar Association’s first annual profile of the legal profession shows that lawyers’ income grew slower than inflation from 2017 to 2018.

Read the full story at The General Counsel News

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August 8 Digest

Posted By Administration, Wednesday, August 7, 2019

Disciplinary Hearing Opens Over Judge's Alleged Groping And 'Shocking, Explicit Language' Toward Women                                                                                            California's Commission on Judicial Performance began a month-long hearing Monday over allegations that Second District                                                                                       Read the full story at The Recorder

 

New York Is Barred, for Now, From Handing Over Trump's State Tax Returns          Trump's suing New York and House Democrats in DC federal district court to block any disclosure of his state tax returns.                                                                                       Read the full story at The National Law Journal

 

'I Felt He Wanted Sex,' CA Appeals Court Judge Testifies About Harassment From Colleague                                                                                                                             Justice Victoria Chaney testified on Wednesday in a rare disciplinary hearing involving her colleague, Justice Jeffrey                                                                                                         Read the full story at The Recorder

 

How Stanford's Pam Karlan Got SCOTUS Argument Time in LGBT Cases                    The justices in October are set to examine the scope of federal protections for gay, lesbian and transgender workers.                                                                                              Read the full story at The National Law Journal

 

Thanks to email error, those taking California bar exam now know essay question topics                                                                                                                                When California bar exam test-takers received an email July 27, listing the topics to be covered on the upcoming state bar exam, many of them thought it was a hoax.           Read the full story at The Aba Journal

 

From Silicon Valley to Silicon Beach, a New Legal Community Emerges in LA            Will Silicon Beach become the next Silicon Valley? A number of tech-focused law firms are betting big on the growing.                                                                                                Read the full story at The Recorder

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August 1 Digest

Posted By Administration, Wednesday, July 31, 2019

New Law Blocks State Bar's Access to Applicants' Mental Health Records                   A bar spokeswoman said in June that examiners only request mental health records when “underlying misconduct                                                                                                    Read the full story at The Recorder

 

Everybody Goofs. More Bar Exam Blunders for the Ages                                                In the wake of the State Bar's July 27 disclosure of the topics of the essay questions for the upcoming California bar                                                                                                 Read the full story at The Recorder

 

CA Supreme Court Lowers Bar for 'Ascertainability' of Class Members                        Monday's ruling, in a case over an inflatable pool, addressed to what extent a plaintiff had to identify members of                                                                                                      Read the full story at The Recorder

 

State Bar Court Panel Dismisses Misconduct Claims Against SF Attorney                   "We do not find clear and convincing evidence to support culpability as to the charged misconduct," State Bar Court                                                                                                  Read the full story at The Recorder

 

Judge Enters $6M Judgment Against Girardi, Firm in Loan Dispute With Funder         A state court judge in Los Angeles entered the judgment after Girardi failed to pay a portion of a $16 million settlement                                                                                           Read the full story at The Recorder

 

California Justices Want Answers After Bar Exam Blunder                                            "The court understands and shares the concerns that this disclosure has generated," the justices said in a statement                                                                                                Read the full story at The Recorder

 

With Anger and Confusion Swirling Over Bar Exam Topic Disclosure, Calif. Officials Vow to Investigate                                                                                                         "To have students distracted in this way, at this time, it's outrageous," said Stephen Ferruolo, dean of the University                                                                                                 Read the full story at The Recorder

 

California Bar 'Inadvertently' Reveals Essay Topics Days Before Exam                      The bar did not respond to questions about why the essay topics were included in an email to law school leaders.                                                                                                  Read the full story at The Recorder

 

Munger Tolles Expands Parental Leave to 18 Weeks Paid

Munger, Tolles & Olson is offering 18 weeks of paid leave for all parents, and up to 26 weeks total for birth mothers.                                                                                             Read the full story at The Recorder

 

Big Tech Is Staring Down Another Antitrust Probe: Here's Who They've Got In-House                                                                                                                                              Facebook, Apple, Google and Amazon all have antitrust counsel on their in-house roster. Here's a look at the lawyers                                                                                             Read the full story at The Recorder

 

Judge Whittles Down $2B RoundUp Verdict to $86.7M                                                Alameda County Superior Court Judge Winifred Smith found though the evidence at trial supported could support a finding                                                                                      Read the full story at The Recorder

 

Why the California Bar Director Is Mum on Exam Mayhem                                         Since her son is taking the exam, Leah Wilson, the California bar's executive director, has been noticeably missing                                                                                                     Read the full story at The Recorder

 

Application for Lawyer Representative To The Ninth Circuit Now Open                  For more information, click here

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July 25 Digest

Posted By Administration, Wednesday, July 24, 2019

Judge Once Again Expresses Skepticism Toward Trump Asylum Moves                U.S. District Judge John Tigar, however, defended a colleague in the District of Columbia whose ruling for the government                                                                               Read the full story at The Recorder

 

Judge Leaves Tiny Gap for Oakland's Antitrust Lawsuit Over Raiders Run to Vegas                                                                                                                                               SAN FRANCISCO — A federal judge overseeing the City of Oakland's lawsuit against the National Football League                                                                                                         Read the full story at The Recorder

 

9th Circuit Asks Calif. Supreme Court to Weigh In on Whether 'Dynamex' Applies Retroactively                                                                                                                                A Ninth Circuit panel withdrew a May opinion that held "the strong presumption of retroactivity" weighed in favor of                                                                                               Read the full story at The Recorder

 

The Superior Court Seeks Qualified Attorneys to Serve as Temporary Judges            SAN JOSÉ, Calif. (July 24, 2019): Presiding Judge Deborah A. Ryan is pleased to announce several updates to the Santa Clara Superior Court’s Temporary Judge Program. The Temporary Judge Program is an integral component to some of the court's busiest venues.  Qualified attorneys volunteer to preside over small claims and traffic hearings, facilitate the settlement of civil and family law disputes, and serve in other capacities at the discretion of the Presiding Judge.                                                   For more information, click here

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more Calendar

11/21/2019
2019 Annual Judges' Night Dinner

Recent Recognitions
Jenn M. Protas2018 Diversity Award
Constance L. Carpenter2018 Pro Bono Lawyer of the Year

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