You made a successful summary adjudication motion and you are itching to tell the jury about it at trial. Unfortunately, you are legally required to keep your lips sealed on the issue. But there may be a way to give the jury a heads up without running afoul of the law.
Filed under: Civil Litigation, Legal Topics, Litigation Strategy | Tagged: CCP §437c, jury, motion for summary adjudication, summary adudication, summary judgment | Leave a Comment »
With the economic downturn, consumer debt is on the rise. Not surprisingly, debt collector complaints are also on the rise. There are strict legal limits on how far debt collectors can go, but unfortunately many debtors don’t know about them. Debtors and their attorneys need to know these limits and hold debt collectors to them.
Filed under: Legal Topics, Business, Civil Litigation | Tagged: debt collection, debt collectors, Fair Debt Collection Practices Act, FTC | Leave a Comment »
What good will an expert witness do for your case if he or she is not adequately prepared? Not much. Having a prepared expert can make all the difference in your case, and it’s up to you to make sure your expert is fully prepared to do battle for your case.
Filed under: Civil Litigation, Legal Topics | Tagged: depositions, expert witness, trial, trial preparation | Leave a Comment »
In our ever-globalizing world, you’ll sometimes need to seek discovery evidence in foreign countries to use in a California civil case. Here are some practical steps to take before embarking on a journey for discovery in foreign lands.
Filed under: Civil Litigation, Legal Topics | Tagged: depositions, discovery, foreign discovery | Leave a Comment »
In light of the Penn State sex abuse scandal, many institutions are considering what they would do if a criminal investigation came to their doorstep. Don’t wait for that possibility; have a plan ready to put into effect if anything like the nightmare at Penn State should happen to your institution.
Filed under: Business, Civil Litigation, Criminal Law, Legal Topics | Tagged: criminal investigation, grand jury subpena, internal investigation, Penn State scandal | 1 Comment »
Many attorneys have taken to the cloud, but others are hanging back, primarily because of concerns about security and accessibility of their documents. Here are some things you should know before using cloud computing in your law office.
Filed under: Business, Civil Litigation, Legal Topics, Practice of Law | Tagged: attorneys, cloud computing, cloud computing service providers, legal documents, security | 5 Comments »
It seems a bit of a stretch, but the maker of the Tootsie Roll candy is suing the maker of the Footzyroll woman’s shoe because, as the ABA Journal reports, the candy maker believes there may be confusion about whether the two products are in fact affiliated. Really? Are these two products likely to confuse consumers?
Filed under: Business, Civil Litigation, Legal Topics | Tagged: Footzyroll, likelihood of confusion test, tootsie roll, trademark infringement | Comments Off
Part of the fallout of the economic downturn is the emergence of the “freelance economy.” This is largely fueled by the financial advantages of hiring independent contractors instead of employees. But employers beware: Getting your classifications wrong can be costly.
Filed under: Civil Litigation, Employment Law, Legal Topics | Tagged: employees, employment status, independent contractors | 4 Comments »
Mediation has been increasingly used to resolve many types of legal disputes. And it’s no wonder why — mediation gives the parties an opportunity to settle the dispute without incurring substantial litigation expenses. Here are some tips to make your mediations as successful as they can be.
Filed under: Civil Litigation, Employment Law, Legal Topics, Litigation Strategy, Practice of Law | Tagged: alternative dispute resolution, mediation, strategies, tips | 4 Comments »
We learn early in law school about the power of precedent — made binding on lower courts under the doctrine of stare decisis. But sometimes you have to go against the grain of long-standing precedent and ask a court to reject it.
Filed under: Civil Litigation, Legal Topics | Tagged: appeal, civil appellate practice, precedent, reversal, stare decisis | Comments Off
