The U.S. Supreme Court has held that an order prohibiting the removal of a child from a country without the noncustodial parent’s consent is enforceable under an international child abduction treaty. As reported by the National Law Journal, this decision is noteworthy for both its substance and because the justices used foreign law decisions to interpret [...]
Filed under: Family Law, Legal Topics | Tagged: abduction, child custody, Hague Convention, treaty | Comments Off
You think you have a great case. Your client is convinced. Your staff, your friends, and sometimes even your spouse nod their heads when you talk about the case. What more information could a trial attorney want before gambling hundreds of thousands of dollars or many millions on how a jury will decide the case? [...]
Filed under: Litigation Strategy | Tagged: jury research, mock trial | Comments Off
As part of CEB’s commitment to bringing together California’s legal community, our blog will post a short interview with one of your fellow attorneys. This week, we profile attorney and CEB author Peter S. Myers: CEB: What is your practice area and how did you choose it? Peter: I specialize in estate planning, trust and [...]
Filed under: Estate Planning, Legal Topics, Profiles | Tagged: business succesion, Estate Planning | Comments Off
Here’s an all-too-common scenario these days: A property goes into foreclosure, the owner who buys the foreclosed property wants to evict the current tenants, who are living there lawfully. The owner decides to skirt the normal legal processes and engage in a self-help eviction. This is a very risky and potentially illegal course of action!
Filed under: Legal Topics, Real property | Tagged: eviction, foreclosure, unlawful detainer | Comments Off
We’ve all seen it on TV — a person is arrested and says “I want to call my lawyer.” But what do you do when you are the lawyer on the other side of that call? Arrested people often call the only attorney they know, which may be their business counsel, estate planner, or divorce [...]
Filed under: Criminal Law, Practice of Law | Tagged: client arrest | Comments Off
In a recent suit brought under the Lanham Act, Hershey is trying to stop Williams-Sonoma from selling a brownie pan in the design of a Hershey’s chocolate bar, i.e., a rectangle with 12 equally-sized rectangular panels arranged in a 4×3 format, with each panel having its own raised borders. Law.com reports that Hershey claims the infringement on [...]
Filed under: Business, Legal Topics | Tagged: infringement, Lanham Act, trademark | 1 Comment »
As part of CEB’s commitment to bringing together California’s legal community, our blog will post a short interview with one of your fellow attorneys. This week, we profile attorney and CEB author Richard Pearl: CEB: What is your practice area and how did you choose it? Rich: My major practice area involves court-awarded attorneys’ fees. [...]
Filed under: Profiles | Tagged: attorney fee award | Comments Off
Discovery during litigation provides powerful tools that allow each side to discover a wealth of information about the other. But how do you decide whether to use a particular tool? For example, when a plaintiff is claiming a physical or mental injury, should the defense always request its own physical or mental exam of the plaintiff? Such a [...]
Filed under: Legal Topics, Litigation Strategy, Tort Law | Tagged: discovery, medical exam | Comments Off
When a trial court grants probation in a case involving domestic violence, it is required under Pen C §1203.097 to impose numerous mandatory conditions of probation, including at least 36 months of probation, successful completion of a batterer’s program, and a criminal court protective order. As reported by the Recorder, there is a long history of courts [...]
Filed under: Criminal Law, Legal Topics | Tagged: domestic violence, probation | Comments Off
I could be reading your texts. Or at least if I was your employer. The Supreme Court heard arguments in City of Ontario, Calif. v. Quon on the issue of whether an employee has a reasonable expectation of privacy from employer snooping in their texts.
Filed under: Business, Employment Law, Public Law | Tagged: privacy, texting | Comments Off
