One of the most difficult concepts to accept for those with some form of “incapacity” is a restriction on their ability to drive. And taking away the car keys from someone else is one of the hardest things to do. Here’s an overview of how California’s DMV deals with driving capacity issues and what to do when an elderly client wants to get the keys back. Continue reading
The following is a guest blog by Alan M. Goldberg of the Law Office of Alan Goldberg. Alan’s practice includes Appeals, Civil Trials, and Family Law. You can follow Alan on Twitter @AlanMGoldberg.
Filed under: Civil Litigation, Family Law, Legal Topics, New Legal Developments, Tort Law | Tagged: affirmative defense, lab report, litigation privilege, negligence, paternity action, paternity test, privileged communication | 2 Comments »
It’s common for witnesses forget facts while testifying—often due to nerves and sometimes due to selective memory. The good news is that you can use almost any item to refresh a witness’s recollection. Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorneys, direct examination, forgetful witness, litigation, marking exhibits, past recollection recorded, refreshing recollection, trial, trial exhibit, trial objections, witness | 1 Comment »
Once an exception, the use of free and open-source software (FOSS) in commercial software products has become the rule. FOSS is particularly attractive to resource-strapped companies looking to avoid high software development costs or licensing fees, but even the biggies in the tech industry use FOSS. Despite its common use, FOSS carries risks and you need to do your due diligence.
Filed under: Business Law, Intellectual Property, Legal Topics | Tagged: FOSS, free software, mergers & acquisitions, open-source, software license, source code, tech industry, technology | Leave a comment »
The following is a guest blog post by Maggie LaBranch, a solo practitioner located in San Jose, California. Her passion in law shines in making personal connections and building relationships in her family law and trusts and estates practice.
The case of the New Jersey teenager who left home and then sued her parents for payment of continuing private high school tuition, living expenses, and future college costs put fear into parents nationwide. Even the judge noted the “potentially slippery slope” involved in the 18-year-old teen’s case, which she ultimately dropped. But it brings up the related issue of parental obligations for the education and living expenses of their older teens in the context of separation and divorce. What are these obligations under California law?
As they say, never miss a chance to make a good first impression. If the judge permits it, take the opportunity to address prospective jurors before the oral questioning phase of the voir dire has begun. There are many advantages to the mini-opening statement and little downside. Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: attorneys, jury selection, opening statement, statement to jurors, trial, voir dire | Leave a comment »
Poaching employees from a rival company has risks. So does agreeing with your rivals not to poach employees from each other. Potential poachers beware… Continue reading
Filed under: Legal Topics, Business Law, Employment Law, Intellectual Property | Tagged: employee, trade secrets, unfair competition, employers, nondisclosure agreements, employment contracts, employee poaching, agreements not to poach, competitors, anti-solicitation agreements, nonrecruiting, anti-raiding | 2 Comments »
When limited resources means you can’t take as many depositions as you’d like, how do you decide which depo(s) to take? Here’s a priority order to help you triage depositions. Continue reading
Thinking of practicing landlord-tenant law in California? Knowing the federal, state, and local fair housing laws will be critical to your success. Continue reading
Although the permissible scope of counsel’s discussion and argument before a jury is broad, personal attacks on opposing parties or their counsel is never ok. Doing so opens you up to successful objections, makes you look like a jerk to the jury, and may lead to you losing your case. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorneys, courtroom, courtroom behaviour, jury, legal argument, opposing counsel, personal attacks, trial | Leave a comment »