Posted on August 24, 2015 by Julie Brook, Esq.
The basic rule is that, if you don’t make a timely objection before or when objectionable matters are mentioned or introduced, you may not be able to raise the issue on appeal. See Evid C §353. Accordingly, if you don’t ensure that a proper record is made of any adverse ruling to a motion in limine, you may just have lost a ground for appeal. Here’s how to preserve the ground for appeal when you’re on the losing end of a motion in limine. Continue reading
Filed under: Appeals, Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy | Tagged: admission of evidence, appeals, exclusing evidence, motion in limine, record on appeal | Leave a comment »
Posted on August 21, 2015 by Julie Brook, Esq.
When a summary judgment motion is granted and you’re representing the opposing party, you have a few choices in how to respond. You can challenge the grant directly in the trial court by one of four motions or wait to appeal after the final judgment. Here’s a handy checklist to help you determine which tactic is available and most appropriate. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: appealing a ruling, motion for new trial, motion for reconsideration, order granting summary judgment, relief from judgment | 1 Comment »
Posted on August 19, 2015 by Julie Brook, Esq.
If your business client accepts credit or debit card payments, it’s subject to the Payment Card Industry Data Security Standards (PCI DSS), which consists of a set of industry tools and measurements to assist in the safe handling of sensitive information. Complying with PCI DSS requirements can be very complicated. To make it a bit easier, here’s a checklist that breaks down the twelve general requirements. Continue reading
Filed under: Business Law, Legal Topics | Tagged: accepting credit cards, credit card security, debit card security, Payment Card Industry Data Security Standards, PCI compliance, PCI DSS | Leave a comment »
Posted on August 17, 2015 by Julie Brook, Esq.
You have an expert witness set to testify on your client’s behalf. Never undermine the impact your expert’s testimony can have on your case. Don’t let him or her bore the jury—present your expert in the most positive and effective light possible. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: direct examination, expert witness, trial | 1 Comment »
Posted on August 14, 2015 by Robert Denham, Esq
The Probate Code says no, in most cases, but a recent court decision said yes. Here’s what happened in Sanders v Yanez (July 30, 2015, H041578) 2015 Cal App Lexis 662.
Filed under: Estate Planning, Legal Topics, New Legal Developments | Tagged: adopted children, adult adoptee, Estate Planning, inheritance, successor beneficiary, wills and trusts | Leave a comment »
Posted on August 12, 2015 by Julie Brook, Esq.
Ambiguity in any writing is annoying, but in a contract it can be devastating if you wrote it, because any ambiguity in a contract is likely to be construed against you. Here are some ways to avoid ambiguity in your next writing. Continue reading
Filed under: Business Law, Legal Topics, Legal Writing, Young Lawyers | Tagged: ambiguitous contract provisions, contract drafting, contract interpretation, legal writing | Leave a comment »
Posted on August 10, 2015 by Julie Brook, Esq.
Trade secrets are not necessarily outed in litigation. There’s a conditional privilege that protects owners of trade secrets from being forced to spill their secrets. Continue reading
Filed under: Business Law, Civil Litigation, Evidence, Intellectual Property, Legal Topics | Tagged: confidential information, evidence, litigation, privileges, trade secret privilege, trade secrets | Leave a comment »