Posted on April 16, 2014 by Julie Brook, Esq.
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 »
Posted on April 14, 2014 by Julie Brook, Esq.
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?
Filed under: Divorce Law, Family Law, Legal Topics, Uncategorized | Tagged: child support, college tuition, divorce, divorce agreement, marital settlement, private school tuition | Leave a comment »
Posted on April 11, 2014 by Julie Brook, Esq.
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 »
Posted on April 9, 2014 by Julie Brook, Esq.
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: Business Law, Employment Law, Intellectual Property, Legal Topics | Tagged: agreements not to poach, anti-raiding, anti-solicitation agreements, competitors, employee, employee poaching, employers, employment contracts, nondisclosure agreements, nonrecruiting, trade secrets, unfair competition | 2 Comments »
Posted on April 7, 2014 by Julie Brook, Esq.
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
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: attorney, civil litigation, deposition, deposition testimony, discovery, nonparty witness, pretrial discovery | Leave a comment »
Posted on April 4, 2014 by Julie Brook, Esq.
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
Filed under: Landlord/Tenant Law, Legal Topics, Real Property Law | Tagged: Fair Housing and Employment Act, fair housing laws, housing discrimination, landlord, tenant | Leave a comment »
Posted on April 2, 2014 by Julie Brook, Esq.
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 »
Posted on March 26, 2014 by Julie Brook, Esq.
Trial attorneys sometimes get excusal remorse, i.e., they excuse a witness and then want to recall that witness back to the stand. Anticipate this reaction and take proaction. Continue reading
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: cross-examination, direct examination, excusing witness, questioning, recalling witness, testimony, trial, trial witness, witness | Leave a comment »
Posted on March 24, 2014 by Julie Brook, Esq.
Just in case employers have forgotten how critical it is to avoid and properly handle harassment claims, the recent $1.5 million settlement against JPMorgan should serve as a reminder. Advise all employers to take action and have a plan to protect employees and minimize harassment claims. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: DFEH, EEOC, employees, employers, employment discrimination, harassment policy, HR, human resources, sexual harassment, workplace harassment | Leave a comment »
Posted on March 21, 2014 by cebca
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.
We learn in law school that illegal contracts aren’t enforceable. But that’s not precisely true. Some illegal contracts may be enforced, depending on the “realities of the situation.” Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics | Tagged: appeals, contract formation, contract law, illegal contracts, legal agreements, trials, unenforceable contracts | Leave a comment »