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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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

Time Will Soon Run Out for Petitions under Prop 47

ThinkstockPhotos-73979720Those individuals who are currently in custody or who are on probation or who have completed a sentence for one of the decriminalized felonies under Proposition 47 need to act soon. The clock is ticking on the filing deadline for petitions to reduce a felony charge and/or sentence to a misdemeanor, which in most cases is November 4, 2017, three years after the effective date of the The Safe Neighborhoods and Schools Act. See Pen C §1170.18(j). 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

Drone Law (or the Lack Thereof)

ThinkstockPhotos-452549881This following is a guest blog post by George M. Moore, PhD, JD, a Scientist-in-Residence at the Middlebury Institute of International Studies at Monterey, California, where his course in Drones and Surveillance considers both the technical and legal aspects of drone use and its impact on privacy issues. Dr. Moore is a member of the California and Colorado state bars.

The crashing of a drone on the White House grounds among other recent incidents have shown that drones may pose direct threats to our security, but perhaps a greater long-term threat of drones is to our privacy. A collision between safety, security, privacy rights, and commercial utility is about to happen, and the legal community needs to be prepared to recognize and address the issues that will surely arise. Continue reading

Divorce Papers Served by Facebook: Cold or Practical?

ThinkstockPhotos-465393314Calling social media “the next frontier in the developing law of the service of process over the internet,” a New York judge has allowed service of divorce papers via Facebook private messaging. This is either a cold invasion of one’s social media space or a practical solution to a service problem. Either way, it’s something few recipients will “Like.” Continue reading

Who’s an Independent Contractor in the New Economy?

ThinkstockPhotos-86492263Updated June 17, 2015: The California Labor Commission has found that a driver for Uber in San Francisco is an employee of the company.

Deciding whether to treat workers as employees or independent contractors is tricky in general and even more so in the context of the new so-called sharing economy. In recent decisions, courts have refused to resolve whether the drivers for Lyft and Uber should be treated as employees or independent contractors, leaving it for juries to tackle the question. And the answer could majorly impact the companies’ highly successful business model. Continue reading

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