Despite Zuckerman’s decision to go it alone on the Instagram deal, intellectual property counsel play an increasingly important role in mergers and acquisitions (M&A). M&A used to be the domain of corporate lawyers, and corporate lawyers still typically lead M&A transaction teams, but it’s now common to see intellectual property counsel from both sides working as part of the team to draft and negotiate the intellectual property aspects of the agreement. That is as it should be. Continue reading
Most people know they’re entitled to a copy of their credit report once a year from each of the nationwide credit reporting agencies for free. But many don’t realize that, if you see something in your credit report that’s wrong, there’s something you can do about it: You can and should dispute incorrect or inaccurate information in your credit report. Continue reading
Another sad family drama is playing out in public because of its connection to a celebrity: Forbes.com reports that actress Reese Witherspoon’s mother is suing to annul the bigamous marriage entered into by her husband, Reese’s father, Dr. John Witherspoon. Reese’s mother fears that her father is suffering from early-onset dementia and claims to be using this lawsuit to protect him from his new “wife.” As the article explains, suing to annul the marriage may not be the best way to protect Dr. Witherspoon; instead, this may be an appropriate situation for a conservatorship. Continue reading
Updated January 6, 2014: The California Supreme Court reversed in Donkin v Donkin on December 26, 2013. The court held that the no contest clause was unenforceable under current law and the proposed petition would not violate the no contest clause under former law.
Updated June 13, 2012: The California Supreme Court granted review in Donkin v Donkin on June 13, 2012 (S202210).
Talk about a Catch-22: By checking if a no contest clause in their parents’ trust applies under former law, the daughters actually made the clause applicable! The Second District Court of Appeal has recently made the odd holding that no contest clauses in trust documents that are unenforceable under current law can still be enforced. See Donkin v Donkin (Mar. 23, 2012, B228704) 2012 Cal App Lexis 340.
Sometimes strength comes from seeming weakness. A potentially powerful tool for a civil litigant is to stipulate or admit to certain facts. But knowing when to stipulate is an art. Continue reading
The following is a guest blog post by Cynthia E. Fruchtman, of the Law Offices of Cynthia E. Fruchtman. Ms. Fruchtman represents and advises employers and employees on all aspects of the employment relationship and represents businesses in commercial and employment-related litigation in all forums.
Home health care is expensive, especially when it is done right. People who need home health care often try to avoid the expense by hiring caregivers through want ads or the internet or by word-of-mouth, and there are plenty of unskilled or minimally skilled individuals who are happy to receive room and board and wages in cash in exchange for caring for needy individuals in the individuals’ own homes. But this can result in problems, the worst of which arise when it comes to taxes, termination, or injuries on the job. Continue reading
As the economy improves and hiring starts to increase, it’s time for employers to think about employment contracts again. Continue reading
A lottery win has spawned a financial elder abuse claim: A mother is accusing her son of stealing her $51 million lottery jackpot. As ABCnews.com reports, financial elder abuse is a growing problem and, this lottery case notwithstanding, often in the shadows because the elderly are too embarrassed to admit they’ve been scammed. Continue reading
Update May 25, 2012: In the newly-published report by the National Registry of Exonerations, the the most common causal factors that contributed to the underlying false convictions are perjury or false accusation.
False testimony in a criminal trial can have disastrous effects. Although the effects cannot be completely reversed, there is hope for relief from the lie.