Before You Get a Website, Get a Development Agreement

adv_121348869Do you or your clients need to hire a website developer? Don’t do it until you read this! Continue reading

When It’s OK to Lead on Direct

court_57280447Litigators learn early that you can’t use leading questions during direct examination. But that’s not always true. You can ask leading questions on direct or redirect examination in certain “special circumstances where the interests of justice otherwise require.” But what circumstances are those? Continue reading

10 Tips for Monitoring or Litigating Foreclosures

115754429Foreclosures are declining in number, but they’re still occurring at above-normal rates. Whether you’re new to foreclosure practice or have been in it for years, these tips will help you meet the challenges of newly adopted and heavily revised statutes and regulations governing mortgage foreclosure in California. Continue reading

Did You Know You’re in the Service Industry?

Thought law practice was all about the law? Think again. Your practice is like any other business—you need to offer excellent customer service to be a success. Here are some tips to help you master the art of customer service. Continue reading

Put a “Legal Hold” on Data Destruction

144952362Your client may have the responsibility to preserve electronic evidence, but how to you make sure everyone who has your client’s data gets that message? Send a “legal hold” or data preservation letter to all potential custodians of your client’s relevant data. Continue reading

When Paramour Preference Is Problematic

187471299With love in the air on this Valentine’s Day, here’s a friendly reminder to keep it under check in the workplace. Preferring a lover over others at work may be a natural inclination, but it can lead to a sexual harassment claim. Continue reading

Bing Crosby’s Estate Wins Publicity Rights Following Fred Astaire’s Footsteps

Bing_Crosby_in_Road_to_Singapore_trailerWhat do Bela Lugosi, Fred Astaire, and now Bing Crosby have in common? Astaire and Crosby appeared together in the film Holiday Inn, but all three have shaped the law on a deceased personality’s right of publicity. Continue reading

Judicial Notice 101

judge_blog_8476372Some propositions of law or fact just can’t reasonably be disputed. That’s where judicial notice comes in, and here’s how it works in California. Continue reading

How Far Can a Company Go to Protect Its Online Reputation?

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Updated 4/24/14: On April 22, 2014, the California Assembly Judiciary Committee approved AB 2365, put forward by Assemblyman John A. Perez (D-Los Angeles), which would make non-disparagement clauses in contracts for sale or lease of consumer goods or services unlawful unless the clause is knowingly, voluntarily, and intelligently waived by the consumer. Perez authored the bill after learning about the KlearGear case. The bill is next set to be heard in the Assembly Appropriations Committee.

The following is a guest blog post by Harmony Groves Kessler, a solo practitioner assisting individuals, small businesses, and attorneys with legal issues in business contracts/transactions public agency law and family law in northern California. She is the former Mayor of Arcata, California, where she served a four-year term on the City Council.

In today’s world, especially with sources like Yelp, it’s simple to find online reviews of most any company. We often rely on posted comments to get a sense of a business and feel justified to warn other customers when we’ve had a bad experience. Companies are increasing their efforts to monitor their online reputation and keep critical reviews from driving business away. But is punishing a customer for a bad review with a large fine going too far? Continue reading

Pro and Cons of a Durable Power of Attorney

175660493Every estate plan should consider potential incapacity. In California, one of the primary vehicles used to plan for an individual’s incapacity is a durable power of attorney for financial management (DPOA) (the other is an advance health care directive for health care decisions, see Being Prepared Is Ageless: Everyone Should Have an Advanced Health Care Directive). Let’s look at the pros and cons of using a DPOA.

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