As more and more business is conducted electronically, parties more often use keystrokes instead of pens to sign contracts and other legally binding documents. There’s even a federal law that covers this — the Electronic Signatures in Global and National Commerce Act (E-Sign) (15 USC §§7001-7031) — which confirms the ability of parties to contract electronically. Here’s what you need to know about signing on the electronic line. (more…)
You just got hit with a summary judgment motion. Where do you begin to successfully oppose it? Start by asking yourself these ten questions; the answers will help you identify tactical considerations and optimize your opposition.
- Is there is at least one triable issue of material fact? Evaluate the pleadings and review discovery and other evidence for triable issues.
- Can this triable issue be shown in the required separate statement of disputed and undisputed facts? The opposing party’s separate statement is the most important way to graphically demonstrate the existence of a triable issue. (more…)
As more courts are requiring or permitting electronic filing (see Cal Rules of Ct 8.212(c)(2)), briefs will be increasingly read online. The ABA Journal reports that even Supreme Court Justices Kagan and Scalia are using electronic readers to read briefs on the go. Because reading documents online differs in some significant ways from reading hard copies, you need to draft your briefs with these differences in mind. (more…)
You receive a written demand for documents in a case pending in a California state court. One of the documents sought is your client’s fee agreement. As a good lawyer, your first instinct is to protect the agreement’s confidentiality. You ask yourself: Can I object? and if I can, on what grounds? The answer is found in Bus & P C §6149. (more…)
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 Jeffrey Wohl:
CEB: What are your practice areas and how/why did you choose or start in your practice area?
Jeff: I’ve practiced management-side employment law my entire career, with occasional forays into commercial and civil rights litigation and transactional work. I also served as the General Counsel of my prior law firm, which made me something of a generalist. (Having lawyers as clients certainly kept me on my toes.) Employment law provides everything that a great law practice should have: interesting cases and characters; law that is always developing; and the opportunity to work with clients from a wide range of industries and endeavors. I can’t think of a field with a broader impact on people than employment law. And, as a junior lawyer coming up the ranks, employment law (which, in those days, meant single-plaintiff wrongful termination and discrimination cases) gave me the opportunity–in spades–to run my own cases. As a result, I grew up professionally very quickly. (more…)
A parrot’s mimicking of an anguished “Help Me! Help Me” followed by cruel laughter may be evidence of another horrible case of elder abuse. As reported in the ABA Journal, the police believe that the bird is revealing the drama that occurred between a 98-year-old woman and her daughter. (more…)
In the high-profile divorce of Frank and Jamie McCourt, the ownership of the Dodgers hangs in the balance. Frank put his faith in a marital property agreement that he believed would result in him keeping the team. After a judge’s ruling that the agreement was not valid and enforceable, it’s as if there was never any such agreement and the parties are like any other in California trying to characterize particular property in a divorce. This leaves questions about how this marital agreement failed and how attorneys can avoid their clients’ agreements suffering the same fate. (more…)
Technology has made it possible for us to work anywhere, anytime. But when it comes to employees’ use of technology while driving, this convenience comes with a price for employers: Technologically-distracted employee drivers who cause an accident expose their employer to potential liabilities. (more…)
One of the hallmarks of an effective trial attorney is knowing when and when not to object to evidence. When the other side has offered evidence that is subject to objection, and there’s a valid ground for excluding it, you need to make the split-second decision: whether to object, refrain from objecting, or follow an alternative course. (more…)