Lost on a Motion in Limine? Make Your Record!

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

5 Ways to Challenge a Grant of Summary Judgment

fivesteps_140389068When 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

Checklist for Businesses that Handle Credit/Debit Cards

163741759If 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

4 Tips for Effectively Presenting Your Expert

ThinkstockPhotos-537972277You 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

Does a Class Gift to Children Include Adult Adoptees?

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.

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4 Ways to Avoid Ambiguity in Your Writing

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

Need to Protect Trade Secrets in Litigation? There’s a Privilege for That

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

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