For Retaliation or Whistleblower Claims, Knowing When (and How) to Exhaust Administrative Remedies Is Key

The multitude of federal and state antiretaliation and whistleblower statutes are, on the whole, quite similar in their basic structure: They all prohibit employers from retaliating against employees for engaging in some type of “protected activity” like reporting violations of law, unsafe working conditions, or gross mismanagement and waste. But this macro similarity can obscure subtle, yet critical, differences among the statutes that practitioners need to be aware of. Continue reading

Tips for Landlords of Student or Employer Rentals

If you represent landlords who rent units to one person but allow someone else to occupy the unit—like a parent renting for a child or an employer renting for an employee—here’s some advice to pass on to your clients. Continue reading

Trial Tip: Project Cheer, Control, and Confidence

Although trial attorneys should develop a trial style that fits their own personality, there are three things that every trial attorney should strive for. Continue reading

Using the “Black Box” in a Car Accident Case

One of the key parts of liability testimony in a car accident case is the chronology of the accident: the parties’ conduct before the impact, the impact, and conditions after impact. The parties are most likely to dispute the first part, making the car’s “black box” a potentially helpful source of evidence (but with its own pitfalls). Continue reading

It’s Time to Review Your Calendaring System

Missed deadlines caused by failure to properly calendar matters are the most significant cause of malpractice claims against attorneys. Without a good docket control system, even the most knowledgeable practitioner may miss a deadline or not have enough time to properly prepare. Is your system up to the task? Continue reading

Should Employers Use Intelligence and Personality Tests in Hiring?

When vetting job applicants, employers want to use as many tools as possible. In addition to testing for particular skills, employers may consider intelligence or personality tests. But these types of tests may be a bad idea: they have questionable benefits and can put the employer in legal hot water. Continue reading

What to Include in a Fee Agreement for Forming a Corporation

If you represent clients in forming a California corporation, you should have a fee agreement that is specifically tailored for that type of work. Here are the necessary provisions to include. Continue reading

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