Posted on July 1, 2015 by Julie Brook, Esq.
The attorney-client privilege (Evid C §§950–962) protects a client from disclosure of confidential communications between attorney and client. But not every communication between attorney and client is protected. Do you know what’s not covered? Continue reading
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics | Tagged: attorney-client privilege, confidential communications, discovery, pretrial, protected from disclosure | Leave a comment »
Posted on June 29, 2015 by CEB
The following is a guest blog post by Michael J. Thomas, a solo practitioner and founder of Creative Vision Legal, a Bay Area law firm offering legal services tailored to artists, musicians, and small business owners.
Finally, there’s been a case that substantively interprets California’s new LLC law, RULLCA. The case highlights a key remedial feature that distinguishes RULLCA from its predecessor, and clears up statutory ambiguities regarding the law’s effective date. Continue reading
Filed under: Business Law, Legal Topics, New Legal Developments | Tagged: California Revised Uniform Limited Liability Company Act, limited liability company, LLC, RULLCA | Leave a comment »
Posted on June 26, 2015 by Julie Brook, Esq.
A default occurs when a defendant served with a complaint doesn’t file the appropriate response within the time allowed. CCP §§585–586. After a defendant is in default, a plaintiff may file a request for entry of default and then apply for a default judgment. Here are two practical reasons to seek entry of default and default judgment. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: default judgment, entry of default, filing an answer, lawsuit, litigation, pretrial motion practice, responsive pleading, timely response | 1 Comment »
Posted on June 24, 2015 by Julie Brook, Esq.
Any trial strategy should incorporate the mundane. Not only must you get to court on time, but everything you need to try the case also has to be there, at your fingertips. Here are four things you should consider and arrange for before you head to court. Continue reading
Filed under: Litigation Strategy, Trial Strategy, Uncategorized | Tagged: attorneys, courtroom, trial, trial documents, trial preparation, trial strategy, trial subpoena | Leave a comment »
Posted on June 22, 2015 by Julie Brook, Esq.
It can be very confusing to calculate entitlements under employee leave laws—particularly the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)—and even more complicated trying to figure out how the laws interact with each other. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: California Family Rights Act, CFRA, employee leave, Family Medical Leave Act, FMLA, HR, human resources, pregnancy leave, sick leave | Leave a comment »
Posted on June 19, 2015 by Julie Brook, Esq.
The definition of “signed” in the UCC includes “any symbol,” as long as it’s “executed or adopted with present intention to adopt or accept a writing.” Com C §1201(b)(37). E-Sign extends this approach to electronic signatures. Do you know when an electronic signature is permitted and when it’s not? Continue reading
Filed under: Business Law, Legal Topics | Tagged: contract enforceability, contracts, E-Sign, electronic signature, Electronic Signatures in Global and National Commerce Act, signing a contract | 1 Comment »
Posted on June 17, 2015 by CEB
The following is a guest blog post by Michelle Weiss, an attorney with Bay Area Bicycle Law, the only firm in Northern California that exclusively represents cyclists.
A bill introduced earlier this year mandating helmet use for California adults (SB-192) was scaled back following opposition from bike organizations statewide. So for the time being at least, helmet use remains optional for adult cyclists in California. This means the issue of whether plaintiffs are contributorily negligent for not wearing a bicycle helmet remains a legal gray area. Continue reading
Filed under: Legal Topics, Personal Injury, Tort Law | Tagged: AB 192, bicycle accidents, bicycle helmet law, bicycle law, comparative negligence, contributory negligence | Leave a comment »