Free Wifi May End Up Costing You

Ongoing technological developments present attorneys with significant challenges in the field of information privacy and security. One of these developments comes in the seemingly innocuous package of “free wifi.” But that Internet connection won’t seem so free if it comes with a State Bar probe for ethics violations. Continue reading

Protecting What’s Yours

How do you protect what’s yours from those who would completely ignore copyright protection? This is a question the family of famed Beat generation icon Neal Cassady has asked itself, as illegally copied photographs of Neal float around the Internet and the world. One way to get greater protection is to register the copyright. Taking this extra step is the difference between being able to sue for infringement and having to sit there and take it. Continue reading

The Mutual Obligations of Insurance

In the world of property insurance, each side has certain obligations to the other. It is the fullfilling of these mutual obligations that allows the system to work. Here’s a handy list of each side’s obligations to the other, worth keeping in mind regardless of which side you side you’re on. Continue reading

ATRO Is an Acronym Every Family Lawyer and Estate Planner Must Know

Family lawyers and estate planning attorneys operate quite independently of one another. Each discipline is complex, and its practitioners are specialized to the point that it may be unreasonable to expect attorneys to be fully versed in both areas. But it is important for attorneys to recognize that their advice and actions in one context for one purpose may well have significant implications for the other. It is important for attorneys in both specialties to educate themselves about Automatic Temporary Restraining Orders (ATROs), which are integral to family law, but may also have a significant impact on estate planning. Continue reading

Economic Espionage

Economic espionage sounds somewhat exciting and maybe even a bit sexy. Kind of a James Bond of the business world. But the consequences are hardly glamorous for anyone involved. Continue reading

Intentionally Ineffective?

Update: The verdict is in and Casey Anthony was found not guilty of murdering her daughter. Her defense counsel was clearly not incompetent after all!

Casey Anthony is on trial for her life in a Florida courtroom for the murder of her young daughter. Could her inexperienced attorney’s courtroom missteps actually be part of a strategy to set up a claim for ineffectiveness of counsel?

Continue reading

Will the Dodgers Dodge Liability Again?

You’ve probably heard of the tragic case of Bryan Stow, a Giants fan who was severely beaten after a game at Dodgers’ Stadium. But you may not know about a very similar incident that occurred in the 1980s.  The Dodgers were able to dodge liability for the beating back then, but it remains to be seen whether differences in the two situations will mean a favorable result for Stow in his current case against the Dodgers. Continue reading

Before Taking on the Government for that Pothole

A client comes into your office claiming that a deep pothole or obscured signage at an intersection caused a car accident in which she was injured. Or maybe the family of a bicyclist comes to you claiming that dangerous road conditions contributed to her fatal crash. Would you know how to analyze the situation to determine whether there’s a basis for a suit against the city for the dangerous condition of public property? Continue reading

New Estate Planning/Family Law Crossover Book

I am very excited about my newest YouTube video — an interview with Jon Heywood, a CEB’s Publications Attorney and one of the editors of  CEB’s new book Crossover Issues in Estate Planning and Family Law.

This crossover book is so important because issues involving the family often extend into the estate planning area.  For example, some family law issues with potential consequences for estate planning include

  • Requirements for a valid premarital agreement,
  • Identifying separate versus community property, and
  • The effect of bifurcating a family law case to only terminate marital status.

Similarly, someone seeking divorce may have an existing will or trust that must be revised, or have survivor benefits that must be accounted for in both estate planning and divorce.  These are just some of the crossover issues addressed in CEB’s new book.

And, the book is available now at a prepublication discount price!

Also check out our program Crossover Issues in Estate Planning & Family Law, available On Demand.

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What to Expect at an Arraignment

We hear about arraignments in the context of celebrity arrests all the time. Maybe we have some vague idea of what it is from law school criminal procedure class. But as many attorneys venture outside their usual practice areas in search of work, it’s a good time to bone up on arraignments. Continue reading