Posted on February 24, 2014 by Bonnie Maly, Esq.
Foreclosures are declining in number, but they’re still occurring at above-normal rates. Whether you’re new to foreclosure practice or have been in it for years, these tips will help you meet the challenges of newly adopted and heavily revised statutes and regulations governing mortgage foreclosure in California. Continue reading
Filed under: Legal Topics, New Legal Developments, Real Property Law | Tagged: borrower default, deed of trust, foreclosure, foreclosure litigation, Homeowner Bill of Rights, mortgages, trustee sale | 1 Comment »
Posted on February 7, 2014 by Julie Brook, Esq.
The following is a guest blog post by Harmony Groves Kessler, a solo practitioner assisting individuals, small businesses, and attorneys with legal issues in business contracts/transactions public agency law and family law in northern California. She is the former Mayor of Arcata, California, where she served a four-year term on the City Council.
In today’s world, especially with sources like Yelp, it’s simple to find online reviews of most any company. We often rely on posted comments to get a sense of a business and feel justified to warn other customers when we’ve had a bad experience. Companies are increasing their efforts to monitor their online reputation and keep critical reviews from driving business away. But is punishing a customer for a bad review with a large fine going too far? Continue reading
Posted on January 6, 2014 by Julie Brook, Esq.
New year, new law for California commercial and industrial common interest developments (CIDs). CIDs used to be governed by the Davis-Stirling Common Interest Development Act, just like residential condominiums and planned developments. But since January 1, 2014, nonresidential CIDs look to an entirely new set of statutes. Continue reading
Filed under: Legal Topics, New Legal Developments, Real Property Law | Tagged: Commercial and Industrial Common Interest Development Act, commercial and industrial common interest developments, Davis-Stirling Common Interest Development Act | Leave a comment »
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! Continue reading
Filed under: Business Law, 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 September 30, 2013 by Julie Brook, Esq.
Much of our economy today uses electronic technology, so it seemed inevitable that employers would look into electronic pay. Continue reading
Filed under: Employment Law, Legal Topics, New Legal Developments | Tagged: debit cards, employees, employers, McDonalds, paycard, paycheck, payroll, payroll debit cards, wage and hour law, Walmart | Leave a comment »
Posted on September 9, 2013 by Robert Denham, Esq
In a swift and decisive ruling, the IRS concluded that same-sex couples lawfully married in the state of celebration are married for federal tax purposes regardless of residence. Rev Rul 2013–17. The ruling effectively extends same-sex marriage to couples nationwide. Continue reading
Filed under: Estate Planning, Legal Topics, New Legal Developments, Tax Law | Tagged: DOMA, federal tax filing, federal tax return, IRS, IRS ruling, Rev Rul 2013–17, same-sex marriage | 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. Continue reading
Filed under: Business Law, 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 July 12, 2013 by Robert Denham, Esq
It may not be too soon to draw some inferences from the Supreme Court’s decision in U.S. v Windsor extending federal law benefits of marriage to lawfully married same-sex spouses. Continue reading
Filed under: Estate Planning, Family Law, Legal Topics, New Legal Developments | Tagged: DOMA, domestic partnerships, marital deduction, registered domestic partners, same-sex marriage | 4 Comments »
Posted on May 6, 2013 by Bonnie Riley
Update: On June 26, 2013, the U.S Supreme Court reversed the judgment of the South Carolina Supreme Court and remanded the case for further proceedings based on its holding that 25 USC §1912(f) (part of the Indian Child Welfare Act) doesn’t apply when the parent opposing the adoption never had custody of the Indian child.
An episode of A&E’s series Longmire (“The Dog Soldier”) delved into the complicated world of Indian child fostering and adoption. The show got the law wrong, but that’s not surprising in this complicated area. Although the Supreme Court may offer some clarity in its upcoming decision on the appeal of Adoptive Couple v Baby Girl (SC 2012) 731 SE2d 550, it would take the wisdom of Solomon, invoked wistfully by Justice Kennedy, to fashion a happy outcome for one Indian child. Continue reading
Filed under: Family Law, New Legal Developments | Tagged: adoption, Cherokee Nation, Indian Child Welfare Act, juvenile dependency, Longmire, Supreme Court | 7 Comments »
Posted on April 24, 2013 by Julie Brook, Esq.
When the Justice Department invoked the public safety exception to the Miranda rights of the suspect in the Boston Marathon bombings, were you surprised? Did you know about this and other exceptions to the Miranda rule? Continue reading
Filed under: Criminal Law, Legal Topics, New Legal Developments | Tagged: Boston bombers, exception to Miranda, Miranda warnings, public safety exception, terrorism | 3 Comments »