Cupid’s Arrow Strikes Lover in the Wallet

ThinkstockPhotos-505650276Revenge is a dish best served cold. In a recent case, a disenchanted suitor not only sued to recover gifts he made to his former lover but also reported those gifts to the IRS as income payments! See Diane Blagaich, TC Memo 2016–2. Continue reading

Questioning a Witness: Poor Questions Versus Good Ones

185496686When conducting direct examination, you generally can’t ask leading questions, i.e., ones that suggest a particular answer. Evid C §§764, 767(a)(2). And, of course, you can’t ask objectionable questions. For inexperienced practitioners, it can be hard to craft acceptable and effective questions while in the stressful moment. Practicing your questions in advance will be a great help, as will reviewing both positive and negative examples. Continue reading

Business Plan Basics

ThinkstockPhotos-493829717Every business should have a plan—from tech start-ups to law firms. The process of creating a document that details the thoughts and ideas of the owners or founders of the business allows for a realistic appraisal of the business’ chance of success before committing time and money to it. Continue reading

Should You Save Something for Your Closing?

57277978Although it may be tempting to cover everything during cross-examination, there are situations in which it’s better to save something for your closing argument. In fact, it’s a time-honored rule among some litigators to always save something for your closing. But that strategy can be risky, too. Continue reading

Top 10 Trade Secrets and Unfair Competition Developments

ThinkstockPhotos-497444296The following is a guest blog post by Tyler M. Paetkau, Hartnett, Smith & Paetkau, Redwood City, CA. Tyler represents employers in all aspects of employment and labor law, including counseling and litigation regarding trade secrets and unfair competition.

There were several noteworthy developments in 2015 in the area of trade secrets and unfair competition. This post focuses on developments affecting California employers. Due to the unsettled nature of some of the law, this update includes citations to some significant federal district court decisions in 2015, so that California employers can understand and plan for the trends at the trial court level. Here are the Top 10 key developments and lessons from 2015. Continue reading

Timing Your Requests for Admission

ThinkstockPhotos-487826116 (1)One of many tactical decisions you need to make in litigation is when to serve requests for admission. Timing may be key to getting what you need. Continue reading

Backsies! When Can You Rescind a Real Property Purchase Agreement?

ThinkstockPhotos-527074543 (1)You buy a house and then discover that the seller didn’t disclose a material fact about the property—say, the sewage system you thought was owned by the city was actually owned by 13 different residents in the area, and you’re now on the hook for maintenance costs. Compounding matters, the house’s value has dropped significantly since you bought it. What do you do? Try to rescind the sale contract.
Continue reading

%d bloggers like this: