Posted on November 22, 2013 by cebca
The following is a guest blog post by bankruptcy attorney Michael Gouveia, who spoke at the 2013 Annual State Bar Meeting on the New Attorney Guide to Competency. He invites you to visit his popular bankruptcy blog.
This sweet young couple is sitting across from you in your office. You’ve spent a half an hour counseling them on filing a Chapter 7 bankruptcy. The wife then asks, “We need to file Chapter 7 bankruptcy this week, but we don’t have your full attorney fee. Can we give you a little up front and the rest of your fee after we file?” This is the time to start backing away. (more…)
Filed under: Bankruptcy, Business, Legal Topics, Practice of Law | Tagged: attorney fees, attorney-client relationship, bankrtupcy, Chapter 7, filing for bankrtupcy, retainer | 3 Comments »
Posted on November 4, 2013 by Julie Brook, Esq.
A new law coming into effect in California on January 1, 2014 will govern the formation and operation of all limited liability companies (LLCs) in this state. It’s out with the old and in with the new! (more…)
Filed under: Business, Legal Topics, New Legal Developments | Tagged: Beverly-Killea Limited Liability Company Act, California Revised Uniform Limited Liability Company Act, limited liability company, LLC, RULLCA | Leave a Comment »
Posted on August 21, 2013 by Julie Brook, Esq.
Survey evidence can be very useful in some cases, but questions are growing about its reliability. By knowing the issues involved with surveys, you’ll be better able to successfully use or oppose survey evidence. (more…)
Filed under: Business, Civil Litigation, Evidence, Intellectual Property, Legal Topics | Tagged: evidence, expert witness, survey experts, surveys, trademark, trial, unfair competition | Leave a Comment »
Posted on August 9, 2013 by Jean Magistrale, Esq.
In March, at long last, the US Department of Health and Human Services released a final Omnibus Rule on privacy and security of personal health information. Some have labeled the Rule a “sweeping reform,” but, in fact, it largely just replaces and finalizes prior “interim” final rules and proposed rules. But there are some important changes you should know about. (more…)
Filed under: Business, Legal Topics, New Legal Developments | Tagged: confidential information, health information, Health Insurance Portability and Accountability Act, HIPAA, medical records, patient records, privacy | 1 Comment »
Posted on August 2, 2013 by Julie Brook, Esq.
Most people feel really great when they donate to charity, and the accompanying tax deduction can make the gift even sweeter. But recent cases show that the IRS is demanding strict compliance with its rules on substantiating charitable contributions, and messing up can mean losing the entire deduction. (more…)
Filed under: Business, Legal Topics, Tax Law | Tagged: charitable contributions, charitable deduction, charitable donation, charitable giving, IRS, qualified appraisal, qualified appraiser, tax deduction | 2 Comments »
Posted on June 10, 2013 by Julie Brook, Esq.
When representing a business itching to file a lawsuit, always remember that the client is engaged in a commercial business—not in the business of litigating. Start by educating your business clients on the possible consequences of litigation. (more…)
Filed under: Business, Civil Litigation, Legal Topics | Tagged: businesses, litigation, settlement, small businesses, trade secrets | 3 Comments »
Posted on April 29, 2013 by Julie Brook, Esq.
The best way to analyze a company’s trade secrets (and how well protected they are) is through a formal audit. Here’s an overview of how to do a trade secret audit. (more…)
Filed under: Business, Intellectual Property, Legal Topics | Tagged: confidential information, corporate espionage, trade secret audit, trade secret theft, trade secrets | 1 Comment »
Posted on April 17, 2013 by Julie Brook, Esq.
As with any newborn, one of the first decisions an entrepreneur makes is the business name. But attorneys also have an important role in the naming process. (more…)
Filed under: Business, Legal Topics | Tagged: company name, entrepreneur, new business, trade name, trademark, trademark infringement | 4 Comments »
Posted on March 6, 2013 by Jean Magistrale, Esq.
On February 12, 2013, President Obama signed a long-expected Executive Order titled “Improving Critical Infrastructure Cybersecurity.” Here’s a look at what it does and what it covers. (more…)
Filed under: Business, Legal Topics, New Legal Developments | Tagged: computer virus, critical infrastructure, cyber security, cyberattack, cybersecurity, Executive Order, hacking | Leave a Comment »