3 Questions to Ask Every Expert Witness at Deposition

three questions to ask an expert witness in a depositionAt an expert’s deposition, questions are primarily focused on the expert’s qualifications and opinions. But don’t forget to ask these three questions—you may be very pleased with the responses you get. Continue reading

Dog Bites Man: GRAT Property Included in Gross Estate on Grantor’s Death During Trust Term

The district court decision in Badgley v U.S. (ND Cal, May 17, 2018, No. 17–cv-00877–HSG) 2018 US Dist Lexis 83537 confirms what we have long believed: The value of a grantor retained annuity trust (GRAT) is included in the grantor’s estate if the grantor dies during the term of the retained annuity interest. Continue reading

Have You Considered a Motion in Limine to ADMIT Evidence?

young lawyer considering whether to use a motion in limine to include evidenceMany lawyers view motions in limine as tools used only to exclude or limit particular evidence.  But the experts know that a motion in limine is also a useful tool to admit evidence. Continue reading

How to Provide for Extending a Contract Term

agreement includes extension provisionMany contracts that have a fixed term provide for extending or renewing that term. Before you draft an extension clause, consider the common issues involved and review our sample language. Continue reading

How to Handle Abusive Deposition Tactics

lawyer stopping abusive behavior at a depositionConduct enough depositions and you’re bound to see abusive tactics by some opposing counsel. Here are five ways to effectively deal with the most common abuses attorneys experience during depositions. Continue reading

Are Landlords Liable for a Tenant’s Biting Dog?

tenant's vicious dogWhen a tenant’s dog bites someone, the injured party may want to go after the deeper pocket of the landlord. Whether this will be successful or not depends on what the landlord knew. Continue reading

3 Tips for Plaintiff’s Closing Argument

plaintiff's lawyer talking to jury during closing argumentA plaintiff‘s closing argument must focus on linking the plaintiff’s claims to the evidence. However when a jury is involved, you’ll need to do more than that. Here are three tips from expert trial attorneys for an effective closing argument. Continue reading

Protect Trade Secrets with This Exit Interview Checklist

When it comes to protecting an employer’s confidential and trade secret information, the importance of a comprehensive exit interview can’t be overstated. Continue reading

How to Tell Litigation Clients to Preserve Digital Information

Did you know that California attorneys have a duty to tell their litigation clients that they must maintain and preserve electronically stored information?  Here’s what to say. Continue reading

Don’t Leave It to a Court to Figure Out Contract Conditions

Parties often need to include conditions to the performance obligations of one or both parties in a contract. Common examples include conditions requiring that one party give consent before the other party’s rights may be exercised (e.g., “Tenant may not assign the lease without Landlord’s consent”) or that one party be “satisfied” with a product or performance before payment or other action is due (e.g., “Publisher will market Author’s text if Publisher is satisfied with its content”). But contract drafters should be wary—these conditions can be a source of much litigation.

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