Month: September 2018

Categories : WisdomTags :

Client Management in Disclosure Schedules

On By sdcountybar

By Aaron Sokoloff 

The preparation of disclosure schedules is typically one of the most time-intensive aspects of a financing or M&A transaction. In larger firms, this process is often in the hands of a junior associate, since the junior associate is usually the closest to the diligence materials that are the source of much of the information in the schedules. However, this practice gives the misleading impression that disclosure schedules are a straightforward exercise. In fact, the preparation of disclosure schedules often involves some tricky client management issues that can challenge even senior lawyers. Read More

Categories : Legal EthicsTags :

The New Rules of Professional Conduct: What Lawyers Need to Know about New Rule 1.1 [Competence] and Rule 1.3 [Diligence]

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By Alara Chilton

With the November 1, 2018 effective date for California’s new Rules of Professional Conduct fast approaching, you may be wondering how new Rule 1.1 [Competence] and new Rule 1.3 [Diligence] will affect your practice. How do these rules differ from one another and what do they require of practitioners?  Here is a brief look at what attorneys need to know about these two new rules. Read More

Categories : Law Practice Management Law+TechTags :

The Discovery Rules

On By sdcountybar

By James D. Crosby

I prefer getting documents and taking depositions as the principal means of discovery in most any case. If done right, the documents-then-depositions, with limited written discovery, approach is more cost-efficient and effective than any written discovery. Litigators, myself at times included, spend far too much time fighting over written discovery. We get locked in these little battles, these time-consuming discovery sideshows, driven by competitive instincts, by ego, by a desire to make the other side spend money, or even, at times, regretfully, by client animus towards the other side. These battles take on a life of their own, where just winning the battle, and not getting the discovery we think we want, becomes the all-consuming reason for the battle. This is not always the case, but if we are honest about it, we must admit that many written discovery disputes are more about the battle than they are about the discovery. Written discovery surely has its place in modern litigation and, at times, is well worth the fight to get it. But, a great deal of the time, it is not. With those comments as the backdrop, I offer up some suggested prescriptions for the ills that often infect our written discovery efforts – the Discovery Rules! Read More

Categories : Legal EthicsTags :

New Fingerprinting Rule

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By Deborah Wolfe

California attorneys need to know that as of June 1, 2018, all members of the California Bar are required to submit their fingerprints electronically to the State Bar. Most of us were fingerprinted (with real ink!) when we were sworn in as active members, but the Supreme Court ordered on May 23, 2018, that most actively practicing attorneys must be re-fingerprinted electronically by an approved Department of Justice Live-scan provider no later than April 30, 2019. Registered in-house counsel and foreign legal consultants need to submit fingerprints when renewing their registration by February 1, 2019. Failure of an attorney to comply with this Rule of Court, specifically Rule 9.9.5, by the deadline, subjects the attorney to monetary penalties, including potentially a license suspension (involuntary status change from “active” to “inactive”) until the requirement is met. Read More

Categories : Business & Corporate LawTags :

General Overview of Securities Act Exemptions for the Novice

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By Amber Condron and Richard Weintraub 

Clients that are starting or growing their business often come to their attorneys with a conundrum: they need money and have no idea how to go about raising it compliantly.  Raising money compliantly can be tricky as it involves compliance with state securities laws, known as “Blue Sky Laws,” and federal law. There are five major federal securities laws contained in Title 15 of the U.S. Code that need to be reviewed when conducting an interstate offering: Read More