Posted on March 30, 2011 by cebca
The following is a guest blog post by Marianne Dellinger, a law professor at Whittier School of Law.
For years, the standard for bringing foreign corporations into court in the United States has been notoriously opaque. Personal jurisdiction could only be exercised over the corporation if it had either limited, but specific, or a large number of “continuous and systematic” contacts with the desired forum state. See, e.g., Helicopteros Nationales v Hall (1984) 466 US 408,80 L Ed 2d 404, 104 S Ct 1868; Perkins v Benguet Mining Co. (1952) 342 US 437, 90 L Ed 2d 485, 72 S Ct 413. The Supreme Court is now resolving what the latter amorphous standard really means. (more…)
Filed under: Business, Civil Litigation, Legal Topics, Litigation Strategy, New Legal Developments | Tagged: foreign corporations, jurisdiction | Leave a Comment »
Posted on March 28, 2011 by Julie Brook, Esq.
One of the most contentious issues in a divorce case is the date of separation, because that date has potentially huge financial ramifications. Makes me wonder whether that was the impetus behind singer Ben Harper’s recent change to the separation date in his divorce petition against actress Laura Dern. Given its significance, attorneys and parties need to give careful thought when setting the separation date. (more…)
Filed under: Divorce Law, Family Law, Legal Topics | Tagged: date of separation, divorce, separation | Leave a Comment »
Posted on March 25, 2011 by cebca
The following is a guest blog post by Michael Benjamin Moradzadeh of the Rimon Law Group:
Cloud technology allows attorneys to work anywhere they have a secure internet connection. This provides for greater flexibility, happier lawyers, higher profits, and better-served clients. However, a purely virtual law firm is not the answer. Law firms need to think outside the cloud: Utilize all the benefits of the 21st Century without throwing out the important aspects of traditional law firms in the process. (more…)
Filed under: Practice of Law | Tagged: clolud lawyering, law firm, technology, virtual law firm | Leave a Comment »
Posted on March 23, 2011 by Julie Brook, Esq.
When employees request and take leave under the Family and Medical Leave Act, employers need to leave them be. Putting pressure on employees not to take leave or to cut it short is wrong and violates the law. (more…)
Filed under: Business, Employment Law, Legal Topics | Tagged: Family Medical Leave Act, interference, retaliation | Leave a Comment »
Posted on March 21, 2011 by Julie Brook, Esq.
It was close, but the California Supreme Court in Sonic-Calabasas A, Inc. v Moreno (.pdf) has ruled in favor of employees in a decision holding that arbitration agreements do not preempt administrative wage claim procedures. An employee who has a wage claim against his or her employer, but is subject to an arbitration agreement, can go first through the Labor Commissioner’s administrative processes before the employer can require arbitration. (more…)
Filed under: Business, Employment Law, Legal Topics | Tagged: arbitration, class action, labor commissioner, wage and hour | Leave a Comment »
Posted on March 18, 2011 by Julie Brook, Esq.
We see celebrity DUI cases play out in the media, often with seemingly light or no criminal penalties. Actress Lindsey Lohan’s DUI case comes to mind, although she managed to violate her light probation sentence and thus ramp up the criminal penalties for her DUI. This made me wonder what are the potential criminal penalties for a DUI in California and what is the likelihood of such charges being brought? (more…)
Filed under: Criminal Law, Legal Topics | Tagged: blood alcohol level, conviction, drunk driving, DUI, sentencing | 1 Comment »
Posted on March 16, 2011 by Julie Brook, Esq.
A New York real estate developer is learning the hard way that a few square feet matters. The buyer, perhaps not coincidently a lawyer, says the condo he wanted to buy was missing 109 of the advertised square feet and is taking his dispute to trial next month, as reported by the ABA Journal. Such false advertising is clearly prohibited in California and can lead not only to lawsuits, but can also result in steep civil fines and even jail time. (more…)
Filed under: Civil Litigation, Legal Topics, Real Property, Tort Law | Tagged: false advertising, puffery, real estate brokers, sale of real property | Leave a Comment »
Posted on March 14, 2011 by Julie Brook, Esq.
In running a law firm there is often little thought given to physical and mental health of employees. Stress and its close companions high blood pressure, obesity, and substance abuse are major risk factors in the development of chronic health conditions. The adversarial nature of the practice of law itself lends itself to stress. To keep the office healthy, law office managers should regularly consider the effects of the office environment on their employees’ health. (more…)
Filed under: Practice of Law | Tagged: employees, health, law office, productivity, stress | 1 Comment »
Posted on March 11, 2011 by Julie Brook, Esq.
Breach of contract actions are all about recovering money to put the aggrieved party in the same position that it would have been in had the other party fully performed. That’s the goal of filmmaker Michael Moore’s suit against the Weinstein brothers for breach of their Fahrenheit 9/11 contract. And, just a Moore’s attorneys will have to do, when you file a complaint alleging breach of contract, you need to carefully analyze and have proof of your client’s recoverable damages. (more…)
Filed under: Business, Civil Litigation, Legal Topics | Tagged: breach of contract, damages, recoverable damages | 1 Comment »
Posted on March 9, 2011 by Julie Brook, Esq.
Because documents produced from computers will represent only a small fraction of the electronically stored information that may exist, a request for production during discovery may not be enough. To get at all the relevant documents, you may want to demand the physical inspection of the responding party’s computer system under CCP §2031.010(c). (more…)
Filed under: Civil Litigation, Legal Topics, Litigation Strategy | Tagged: demand for inspection, discovery, electronic discovery, protective order, request for production | Leave a Comment »