What do you do when a witness says one thing during his or her deposition and a very different thing when on the stand at trial? Impeach! Continue reading
It’s your first interview with a criminal defendant. Not sure where to start? We’ve got 18 questions to help you organize your thoughts and quickly spot the key issues in the case. Continue reading
The following is a guest blog post by Jeffrey Osofsky, an attorney at Munger, Tolles & Olson LLP in Los Angeles with a practice focusing on defending employers and individual managers against employment-based lawsuits. Mr. Osofsky wishes to thank Munger Tolles Partner Terry Sanchez for his assistance with this post.
California’s Fair Employment and Housing Act generally prohibits employers from basing their employment decisions on certain protected characteristics (race, sex, pregnancy, etc.). But what happens when an employer sued for discrimination can show that, despite any unlawful consideration, it would have reached the same decision about that employee anyway? Continue reading
California’s dog-bite statute, CC §3342, imposes strict liability on dog owners with some interesting twists. Continue reading
When love is in the office air, employers should take heed and whip out a love contract! Continue reading
It may not seem very romantic to discuss prenups right before Valentine’s Day, but some people consider them to be an important bridge to cross on the way to happily married life. Continue reading
If you want to get punitive damages for your client, you need to hone your argument to the jury and prepare yourself for common sticking points. And don’t forget to remind the jury of the deterrent effect of punitive damages or, as they say in England, “the sting of the shilling.”
You take a business trip and, of course, you want to be reimbursed for your expenses. California law backs you up. Employers: don’t get caught unaware—know the law and have a policy in place that complies with it. Continue reading
You’ve got a case, but you are feeling a bit over your head on one or more of the issues involved. Before you take a pass on the case, consider associating another attorney who has the expertise you lack. It can be win-win-win: for you, the other attorney, and your client.
You’ve taken depositions and got some great testimony for your case. Unfortunately, the jury wasn’t in the deposition room to hear it. So now that you are at trial, it’s your chance to make effective use of the deposition testimony in front of the jury. But how do you do that?