Posted on May 4, 2015 by CEB
This following is a guest blog post by George M. Moore, PhD, JD, a Scientist-in-Residence at the Middlebury Institute of International Studies at Monterey, California, where his course in Drones and Surveillance considers both the technical and legal aspects of drone use and its impact on privacy issues. Dr. Moore is a member of the California and Colorado state bars.
The crashing of a drone on the White House grounds among other recent incidents have shown that drones may pose direct threats to our security, but perhaps a greater long-term threat of drones is to our privacy. A collision between safety, security, privacy rights, and commercial utility is about to happen, and the legal community needs to be prepared to recognize and address the issues that will surely arise. Continue reading
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Posted on May 1, 2015 by Julie Brook, Esq.
Generally, you can’t compel someone to attend a deposition if he or she has been previously deposed in the same case. But there are 5 exceptions to this rule. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: noticing a deposition, oral deposition, pretrial discovery, taking a deposition | 3 Comments »
Posted on April 29, 2015 by Julie Brook, Esq.
The family of a 9-year-old California boy who survived a fall through a school’s skylight reportedly claims the school district should be held liable for his injuries because it was too easy to get on the school’s roof and district leaders knew children climbed up there but didn’t do enough to stop it. Property owners beware: A foreseeable risk can turn a trespassing child into a plaintiff. Continue reading
Filed under: Personal Injury, Real Property Law, Tort Law | Tagged: attrative nuisance, children trespassing, forseeability, landowner liability, premises liability, school district, tort liability | Leave a comment »
Posted on April 27, 2015 by Julie Brook, Esq.
An an attorney and an officer of the court, you sometimes have competing duties: to represent your clients zealously and to maintain respect for the court. When it comes to a disagreeable court ruling, you’ll need to make your strongest argument while remaining respectful to the judge. The key is to argue without arguing. Continue reading
Filed under: Litigation Strategy, Trial Strategy, Young Lawyers | Tagged: attorneys, court chambers, courtroom behavior, legal argument, legal ethics | Leave a comment »
Posted on April 24, 2015 by Julie Brook, Esq.
When you’re negotiating and drafting a contract, your client may be excited and focused on the positives, but you have to keep your eye on the dark side, i.e., the consequences of a breach. Consider bargaining over favorable damages provisions—just in case. Continue reading
Filed under: Business Law, Legal Topics | Tagged: breach of contract, contract drafting, contract negotiation, contract provision, damages, guarantor, indemnity, insurance, remedies, surety | Leave a comment »
Posted on April 22, 2015 by Julie Brook, Esq.
When it comes to litigating a case, your client’s objectives are only half the story. If you want to gain an advantage, you’ll also need to successfully assess your adversary’s goals, capabilities, and willingness to fight. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Pretrial Matters, Settlement Negotiation, Trial Strategy | Tagged: case assessment, case settlment, civil litigation, litigation, litigation strategy, pretrial discovery | Leave a comment »