15 Steps to Help Employers Move through the Interactive, Accommodation Process

Disability discrimination is among the most complicated areas in employment law today. One of the reasons for all this complication is because the laws require that employers and employees engage in an interactive process. The interactive process can be a daunting endeavor for employers. Here’s a 15-step approach to take employers through this process. Continue reading

Is a Lien Leaning on Your Case?

Once a judgment creditor sniffs out that its debtor has filed a lawsuit, it’s not too difficult for the creditor to obtain a lien on the debtor’s cause of action and on any judgment the debtor may get. This complication goes beyond the obvious financial implications  — if such a lien is granted, the judgment debtor loses some control over its own case.  Continue reading

The “Zuckerberg Tax” and the Buffett Rule: More Fiscal Facebook Fallout

Updated May 15, 2012: Eduardo Saverin, the Brazilian-born co-founder of Facebook with a 4 percent stake in the company (worth about $4 billion) reportedly renounced his U.S. citizenship last year to avoid or at least minimize the tax bill from future sales of stock in the company, and other investments. Unlike most countries, the United States imposes income tax on citizens as well as residents, and the capital gains tax on existing investments cannot be avoided entirely just by dropping citizenship, but it can sometimes be reduced. By renouncing his citizenship, Saverin will be taxed on the much smaller estimated gains that likely would have occurred if he had sold his stock last year, well before the initial public offering. For a detailed discussion of the so-called expatriation regime (exit tax), go to CEB’s California Estate Planning §§16.85–16.90A.

Facebook has announced that Mark Zuckerberg will exercise 120 million options to purchase the company’s stock in connection with its planned initial public offering, potentially resulting in a $2 billion tax bill.

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I Object! Know What Objections to Make at a Deposition

Handling objections in a deposition can be tricky. Some objections are subject to “use it or lose it.” Others aren’t waived even if you fail to raise them in the heat of the moment. Here’s a run down on objections during depos under California law. Continue reading

Taking the Guesswork Out of Community Property for Washington Domestic Partners in California

Washington recently became the seventh state (after Connecticut, Iowa, Massachusetts, New York, New Hampshire, and Vermont) along with the District of Columbia to allow same-sex marriage. If the law stands, Washington will be the first state with community property (other than California) to allow same-sex marriage. Continue reading

Are Workplace English-Only Rules Legal?

In our multi-cultural environment, it’s not uncommon to be in a restaurant or hospital, for example, and hear the employees speaking to one other in a language other than English. For those of us who sadly understand only English, this certainly frustrates our eavesdropping. But can an employer require such employees to speak only English while at work? Continue reading

Do You Need to Use the © to Be Protected?

Is that little © really necessary to provide copyright protection to your work? The short answer is “No.” But, just because it’s not required doesn’t mean you shouldn’t include it. Including a copyright notice has its benefits.  Continue reading

When There’s Smoke…

Hard economic times mean  more cases of arson. Indeed, the United States Fire Administration dedicated 2009’s Arson Awareness Week to  focusing on “arson for profit,” i.e., fires set by individuals seeking to cut down on financial loss, recoup investments, or get rid of depreci­ated assets, usually for a payout from insurance com­panies. Ever wonder how investigators tell an accidental fire from a for-profit venture?  Continue reading

10 Questions to Ask Yourself Before Presenting Evidence at Trial

One of the most important aspects of trial is determining how and when to present each witness, exhibit, and other item of evidence most persuasively. Here are some helpful ideas and ten questions to ask yourself when deciding how and when to present evidence at trial. Continue reading

Stay Mum About What Happens to a Summary Adjudication Motion

You made a successful summary adjudication motion and you are itching to tell the jury about it at trial. Unfortunately, you are legally required to keep your lips sealed on the issue. But there may be a way to give the jury a heads up without running afoul of the law.

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