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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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Governor Brown Releases 2016 Judicial Appointment Data

Posted By Administration, Friday, March 3, 2017

SACRAMENTO – Governor Edmund G. Brown Jr. today released annual applicant and appointee data for the administration's judicial appointments. 

From 2011 through 2016, Governor Brown appointed 356 judges – including 45 in 2016 – from a pool of more than 2,000 applicants. Over those six years, nearly 40 percent of Governor Brown's appointees identified themselves as American Indian or Alaska Native; Asian; Black or African-American; Hispanic; Native Hawaiian or Other Pacific Islander; or Other/Unknown. Last year, Hispanic appointees accounted for more than one in five judicial appointments. 
Read the full story here

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Nominate an Unsung Hero

Posted By Administration, Thursday, March 2, 2017

Each year the Diversity Committee of the Santa Clara County Bar Association presents the Unsung Heroes Awards.  

The Diversity Committee invites interested individuals to submit nominations for individuals or organizations deserving this recognition. If you know of an individual or organization who should be considered for such an honor, please review the criteria and submit an online nomination on or before Monday, March 20, 2017.

The 2017 Unsung Heroes Awards will be presented at the Annual Reception on Tuesday, May 9, 2017 at 5:30 p.m, at the Fallon House Gardens, 175 W. St. John Street, San Jose, CA. There is no charge to attend this reception. 

Last year’s reception was a huge success, as over 50 judges and attorneys came together to honor Jennifer Y. Leung.

If you have any questions, please contact Irene Cortez, at (408) 975-2114 or email irenec@sccba.com.

 

SUBMIT A NOMINATION →

 

 

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Presiding Judge Lucas’ Letter to SCCBA Members re Civil Clerk’s Office Hours

Posted By Administration, Tuesday, February 28, 2017

SCCBA Members: Below please find a letter from Presiding Judge Lucas regarding an upcoming change in the Civil Clerk’s Office Hours. We are forwarding this to you on behalf of the Presiding Judge. 

 

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February 28 Digest

Posted By Administration, Tuesday, February 28, 2017

Neil Gorsuch ‘Piercingly Textual’ and Often Pro-Defense on Class Actions and Arbitration

As an attorney, Neil Gorsuch chastised plaintiffs lawyers for bringing “meritless claims” in securities class actions that do little to benefit investors.
Read the full story at The National Law Journal

The Ball Is Back in Judge Koh's Court In the Samsung v. Apple Patent Row

On Feb. 7, a new chapter began in Apple and Samsung's decade-long patent battle, as the case returns to Judge Lucy Koh's San Jose, California, courtroom after a blockbuster outing at the U.S. Supreme Court. And this new chapter is likely to have major implications for the entire innovation economy.
Read the full story at The National Law Journal

Companies, Regulators to Face Off Over NLRB's New 'Joint-Employer' Standard

A Washington appeals court next week will take up a major business dispute over the circumstances in which two companies, working together, are “joint employers” whose business ties extend federal labor-law protections to all the employees.
Read the full story at The National Law Journal

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February 24 Digest

Posted By Administration, Friday, February 24, 2017

Meet Heather Gerken, Yale's First Woman Law Dean

Yale Law School this week named its first woman law dean — professor Heather Gerken, a federalism and election law expert who'll take the reins July 1.
Read the full story at The National Law Journal

California Needs Another Law School, State Legislator Says

SACRAMENTO—One week after California’s state bar leader declared a “crisis” in legal education due in part to a decline in student applicants, a first-year lawmaker has introduced legislation endorsing the creation of a new law school at UC Riverside. 
Read the full story at The Recorder

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The Cloud Conundrum: Explaining Divergent Google, Microsoft Search Warrant Rulings

Posted By Administration, Thursday, February 16, 2017

One of the clearest indications that technology is far outpacing the law came on Feb. 3, when Google Inc.’s motion to quash federal search warrants for user email data the company stored overseas was rejected by the U.S. District Court for the Eastern District of Pennsylvania.

Just a few months prior on Sep. 5, 2016, the U.S. Court of Appeals for the Second Circuit ruled that search warrants under Section 2703 of the Stored Communications Act (SCA)—the same warrants served to Google—could not compel Microsoft to disclose its user email data stored in Ireland.
Read the full story at National Law Journal

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HP, Mandating Diversity, Will Withhold Fees From Some Firms

Posted By Administration, Wednesday, February 15, 2017

In-house legal departments regularly encourage, and in some cases requirethat outside firms have some level of diversity in staffing legal work. HP Inc. has taken this mandate a step further—saying the company will withhold invoiced fees from firms that do not meet diversity requirements. 

Kim Rivera, HP’s chief legal officer and general counsel, announced the Palo Alto-based company’s policy in a letter to partner law firms on Feb. 8. HP implemented its directive, Rivera wrote, to “emphasize the business imperative to make meaningful strides in diversity” at partner firms.
Read the full story at National Law Journal

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Become an SCCBA Delegate

Posted By Administration, Thursday, February 9, 2017

BECOME AN SCCBA DELEGATE – UPCOMING ORGANIZATIONAL MEETING ON FEBRUARY 16, 2017

    The Santa Clara County Bar Association is organizing its delegation to the 2017 Conference of California Bar Associations [otherwise known as the Conference of Delegates (website: www.calconference.org ] which will be held this year in Sacramento October 6 through 8 (Friday afternoon through Sunday mid-day).  The Conference of Delegates is an annual meeting of delegations from local and specialty bar associations intended to help refine and improve California laws, including laws dealing with family, corporate, real estate, criminal, labor and probate matters, civil procedure, courts and attorneys.  Proposed changes are debated, and changes approved by the Conference are submitted to the legislature and lobbied by the Conference's lobbyist.  The resolutions of SCCBA delegates have been enacted into law in the recent past.
 
      We expect to have between 10 and 15 delegates this year. Historically, including in 2016, SCCBA’s delegation has been an active, influential group during the Conference’s deliberations.  Joining the delegation is a great way to serve the profession and the people of California while expanding your legal knowledge and getting to know other attorneys from Santa Clara County and other parts of California.
 
     Our delegation’s work is multi-phased, involving approximately 3-4 meetings during the year prior to the Conference.  Among our activities are preparation of our own resolutions, and review of and response to other delegations’ resolutions.  We plan to have meetings in February, April/May and September.
 
        There are no specific pre-requisites for becoming a delegate. If you wish to join the SCCBA delegation, please contact Shiv Shastri (ph.: (650)428-1768; email: shivadevshastri@att.net; or Tiffany Taubodo at the Bar Offices [e-mail: tiffanyt@sccba.com).
 
     Our first meeting of the year will occur at the Bar Offices on February 16, 2017, at noon.  Lunch will not be provided.  We look forward to seeing all interested Bar Association members at that meeting.
 
Shiv Shastri
2017 Conference of Delegates Chair

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February 1 Digest

Posted By Administration, Wednesday, February 1, 2017

Gorsuch Is the 'Instant-Replay Official' to Roberts the Baseball Umpire

During his 2005 confirmation hearing, Chief Justice John Roberts Jr. famously likened his role to that of a baseball umpire, testifying that “it's my job to call balls and strikes and not to pitch or bat.”
Read the full story at The National Law Journal

Gorsuch, Drawing Scalia Comparisons, Comes Under Microscope

The U.S. Supreme Court nomination of Judge Neil Gorsuch triggered a range of responses across the legal and political spectrum Tuesday night as lawyers and advocacy groups touted—and criticized—his positions on regulatory matters and civil rights.
Read the full story at The National Law Journal

Ruth Bader Ginsburg Visits Military Institute Whose Doors She Opened to Women

More than two decades after her majority decision opened the all-male bastion of the Virginia Military Institute to women, U.S. Supreme Court Justice Ruth Bader Ginsburg on Wednesday told a packed hall of the school’s cadets that she knew her ruling “would make VMI a better place.”
Read the full story at The National Law Journal

Gorsuch, in First Ruling, Wouldn't Cut a Break for an Undocumented Immigrant

In his first ruling as a federal appeals judge, Neil Gorsuch weighed the merits of a nearly five-year prison sentence imposed on an undocumented immigrant who’d once been deported.
Read the full story at The National Law Journal

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January 31 Digest

Posted By Administration, Tuesday, January 31, 2017

SF Sues Trump to Block Order Aimed at 'Sanctuary' Cities

SAN FRANCISCO—The city of San Francisco has sued to block an executive order issued by President Donald Trump last week that would withhold more than $1 billion in federal funding from the city due to its "sanctuary city" policies.
Read the full story at The National Law Journal

On the Bright Side, Lawyers Are Suddenly Popular

If there’s any silver lining to the first 11 days of the Trump administration, it’s this: lawyers are suddenly beloved—at least by the masses who oppose the president’s policies.
Read the full story at The National Law Journal


Trump's AG Pick Once Told Yates to 'Say No' to Improper Demands

Attorneys reacted Monday night to the removal of acting Attorney General Sally Yates, arguing on Twitter and news programs about whether the events could be compared to the Nixon Era Saturday Night Massacre.
Read the full story at The National Law Journal


Xavier Becerra's First 100 Days—4 Things to Watch

SACRAMENTO—After a whirlwind nomination and confirmation process, Xavier Becerra was sworn in Tuesday as California’s 33rd attorney general.
Read the full story at The Recorder


California Considers Options to Meet Marijuana Deadline

SACRAMENTO—State officials will likely need to rely on emergency rules, provisional licenses and grace periods to ensure California’s recreational marijuana market is up and running by Jan. 1, 2018, the state’s lead pot regulator said Monday.
Read the full story at The Recorder

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1/22/2018
IP Year in Review

Recent Recognitions
Mariel BlockBarrister of the Year 2016
Hon. Erica R. Yew2016 Jurist of the Year

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