On March 8, 2010, the United States Supreme Court in Milavetz, Gallop & Milavetz, P.A. v. United States (2010) 559 U S ____, 2010 US Lexis 2206, 10 C.D.O.S. 2797 ruled that attorneys fall within the definition of “debt relief agencies” in Bankruptcy Code §101(12A). This means that advertising rules in Bankruptcy Code §528(a)(4) and limitations [...]
Filed under: Bankruptcy, Business, Legal Topics | 2 Comments »
How fast is your life and practice changing because of new technology? According to a recent article in the Contra Costa Times by Lisa Vorderbrueggen, the following “technological marvels …reach[ed] 50 million users” in: Radio — 38 years Television — 13 years Internet — 4 years iPod — 3 years
Filed under: Practice of Law | Comments Off
As part of CEB’s commitment to bringing together California’s legal community, we will be posting a short interview with one of your fellow attorneys. This week, we profile sole practitioner Mary C. Rupp: CEB: What is your practice area and how did you choose it? Mary: I practice family law, which was a natural segue for me. [...]
Filed under: Family Law, Legal Topics, Profiles | Comments Off
Toyota’s vehicle recalls have been front-page news for some time now, and this spawned many lawsuits from Toyota owners. Some of these plaintiffs have been injured when their vehicles malfunctioned. But there are also many plaintiffs with recalled models who don’t have any personal injury or property damages to point to. To be successful, a plaintiff must show that the [...]
Filed under: Legal Topics, Tort Law | Tagged: lawsuit, recall, Toyota | 4 Comments »
There are five open seats on the State Bar Board of Governors available. To run for one, you need only (1) be an active member of the State Bar, and (2) have your law practice in a district where there’s a vacancy. The five vacancies this year come from all over the state. Voting for Board [...]
Filed under: Practice of Law | Comments Off
Effective December 1, 2009, the FTC updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising, including among the changes a requirement that “bloggers who make an endorsement must disclose the material connections they share with the seller of the product or service.”
Filed under: Business | Comments Off
When trying to settle a legal dispute, it is often helpful to move away from a discussion of who was right and who was wrong, either in relation to the law or the parties’ underlying conduct. Arguing about who is right and who is wrong is useless when there’s no judge or jury to declare a winner. [...]
Filed under: Litigation Strategy | Tagged: settlement | 2 Comments »
Note: On May 28, the FTC postponed the effective date of these rules through December 31, 2010. See updated blog post here. Under the Federal Trade Commission’s “Red Flags Rule,” financial institutions and creditors with “covered accounts” must develop protocols to detect and prevent identity theft. The new deadline for complying with this Rule is [...]
Filed under: Business, New Legal Developments | Comments Off
President Obama nominated Goodwin Liu, a former law clerk to U.S. Supreme Court Justice Ruth Bader Ginsburg to the U.S. Court of Appeals for the Ninth Circuit. Liu is a law professor and associate dean at the University of California at Berkeley. Since this announcement on February 24, 2010, there has arisen a “vigorous debate [...]
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On March 2, 2010, Governor Arnold Schwarzenegger petitioned to consolidate the appeals in seven cases that challenged his right to order state employee furloughs. The petition also asks that the cases be transferred to the Supreme Court immediately. Since the furloughs were instituted last year, 27 cases have been filed, and there are currently ten [...]
Filed under: Employment Law, Litigation Strategy | 1 Comment »
