The Perils of an Attorney Joining a Corporate Board

ThinkstockPhotos-185025107From time to time, attorneys are asked to serve as corporate directors or officers. Watch out—there may be some serious perils involved for the attorney and his or her law firm. Continue reading

Home Sweet Homestead

Suppose a debtor denies owning a home and then gives a false address so creditors don’t find out about the home. Can the debtor still claim the homestead exemption in bankruptcy? Continue reading

First Case Under RULLCA Highlights Important New Remedy

ThinkstockPhotos-177644758The following is a guest blog post by Michael J. Thomas, a solo practitioner and founder of Creative Vision Legal, a Bay Area law firm offering legal services tailored to artists, musicians, and small business owners. 

Finally, there’s been a case that substantively interprets California’s new LLC law, RULLCA. The case highlights a key remedial feature that distinguishes RULLCA from its predecessor, and clears up statutory ambiguities regarding the law’s effective date. Continue reading

When You Can and Can’t E-Sign

The definition of “signed” in the UCC includes “any symbol,” as long as it’s “executed or adopted with present intention to adopt or accept a writing.” Com C §1201(b)(37). E-Sign extends this approach to electronic signatures. Do you know when an electronic signature is permitted and when it’s not? Continue reading

Prepare for Case Management Conferences in 4 Steps

ThinkstockPhotos-477805217In the past, most California superior courts routinely held trial-setting, pretrial, arbitration status, and status conferences. Delay reduction rules put a stop to this practice, consolidating all of these into a comprehensive conference that occurs in the first 180 days after the complaint is filed. Cal Rules of Ct 3.721. And woe to any attorney who comes to the conference unprepared! Take some of the stress out of preparing for your next case management conference by using these four steps. Continue reading

Play Fair: Guidelines for New Employees Hired from a Competitor

505283113It’s common for customers or clients to want to stick with the person who has been handling their account even when that person moves to a different company. But this situation can create serious issues around trade secrets and unfair competition. So, whenever you hire someone from a competitor, give that new employee guidelines to follow—it will save everyone legal headaches. Continue reading

Are Public-Private Partnerships the Solution for CA’s Infrastructure Gap?

ThinkstockPhotos-155606531(1)Public-private partnerships (P3s) are hot in an era of budget cutbacks and the need for alternative, innovative ways to repair and replace our aging public infrastructure. P3s can help bridge the infrastructure gap by using private capital to finance large infrastructure projects and leveraging funding payments over the useful life of the new facilities. P3 isn’t the solution for all public infrastructure needs, but it’s a growing and important tool for public agencies to utilize for appropriate projects. Continue reading

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