Unlike some forms of discovery that are sent out as a matter of course, deciding whether or not to take an oral deposition requires some thought and consideration of the pros and cons. (more…)
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy | Tagged: deposition, discovery, oral deposition | 7 Comments »
Structured settlements — under which a plaintiff compromises a personal injury claim in exchange for a promise of periodic payments for a specified period — are very common in personal injury actions. But it may not be right for every plaintiff. (more…)
Filed under: Legal Topics, Litigation Strategy, Tort Law, Civil Litigation, Settlement Negotiation | Tagged: settlement, personal injury, structured settlement, annuity, lump sum settlement | 5 Comments »
As crass as it may sound, the key to a successful law practice is getting paid. Generally, each party pays its own attorney fees, regardless of who wins. But there are some important exceptions to this rule and all attorneys anxious to get paid should be well-versed in them. (more…)
Filed under: Civil Litigation, Litigation Strategy, Practice of Law | Tagged: American Rule, attorney fee award, contractual fees, fee-shifting, statutory fees | 5 Comments »
Your client is denied coverage under a property insurance policy and is seeing red, or more accurately, seeing a lawsuit. It’s your job to lay out the facts about suing the insurer to help your client make a prudent decision. (more…)
Filed under: Business, Civil Litigation, Legal Topics, Real Property | Tagged: bad faith, insurance claims, insurance companies, property insurance, punitive damages | Leave a Comment »
The following is a guest blog post by Alan D. Weinfeld of Parker, Milliken, Clark, O’Hara & Samuelian in Los Angeles.
Roommate listings often express a preference for a person of a certain sex, religion, or familial status — e.g., “looking for single, Christian female to share apartment, no kids or pets.” Do the operators of these listings violate fair housing laws by facilitating discrimination against potential roommates who don’t fit the preferred characteristics? (more…)
Filed under: Civil Litigation, Landlord/Tenant Law, Legal Topics, Real Property | Tagged: discrimination, Fair Employment and Housing Act, Fair Housing Act, fair housing laws, roommate, roommate listing services | 3 Comments »
The much-anticipated California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court (Hohnbaum) (Apr. 12, 2012, S166360) came down largely on the side of employers: Among other conclusions, the court held that employers are under no obligation to ensure that workers take legally mandated meal breaks. But this doesn’t mean that employers are completely off the hook — they should still have a written policy informing employees of their rights and obligations with regard to meal periods. (more…)
Filed under: Business, Employment Law, Legal Topics | Tagged: Brinker, employee, employer, employment policies, meal break, rest break | 1 Comment »
Employees beware: Employers can really make a federal case out of computer tampering. The Computer Fraud and Abuse Act (CFAA) makes it a federal crime to knowingly access a protected computer without authorization and with intent to defraud. As Texas Lawyer states, every lawyer “should have a basic understanding of the federal [CFAA] and how to allege a loss under CFAA in a business case.” (more…)
Filed under: Business, Civil Litigation, Criminal Law, Legal Topics | Tagged: CFAA, Computer Fraud and Abuse Act, computer hacking, computer tampering, employees, employers, trade secrets | 4 Comments »
As data privacy and security law and regulations evolve and develop, it is critical that every company and organization understand and appreciate the obligations that come from having people’s personal information. If you’ve got people’s personal information, you better have a plan to protect it. (more…)
Filed under: Business, Employment Law | Tagged: information, information security, personal information, security, security breach | Leave a Comment »
Some cases sound good at first but less so after you’ve gotten a closer look. How do you extricate yourself from a case you don’t want to take; in other words, how do you dump a dog? (more…)
Filed under: Practice of Law | Tagged: attorney-client relationship, case evaluation, disengagement, terminating attorney-client relationship | Leave a Comment »
The following is a guest blog post by Gregory Grinberg, workers’ compensation sole practitioner servicing the Northern California Bay Area. His firm specializes in workers’ compensation defense law, and his blog, WCDefenseCA, deals with California workers’ compensation issues.
One of the most reassuring things about insurance, even workers’ compensation insurance, is the thought that the unknown, those risks that threaten businesses and hopes and dreams, are now covered. Being insured can provide a great sense of relief, but sometimes an illusory one. (more…)
Filed under: Employment Law, Legal Topics | Tagged: discrimination, Labor Code section 132a, workers compensation | 4 Comments »
