That’s Not What You Said in Your Depo

mouth_94175022What 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

18 Questions to Spot the Issues in a Criminal Case

organize_86525383It’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

An Overall Victory for Employers in Mixed-Motives Cases

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.

stress_160488269California’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

When the Dog Bites

dog_98326904California’s dog-bite statute, CC §3342, imposes strict liability on dog owners with some interesting twists. Continue reading

Contracts on Love?

love_200375930-001When love is in the office air, employers should take heed and whip out a love contract! Continue reading

Love and Marriage…and Prenups

prenup_153168603It 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

Show Me the Punitive Damages!

punitive_159103088If 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.”

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Pay Me Back: Every Employer Should Have an Expense Reimbursement Policy

hotel_78056111You 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

Expertise by Association

team_74879093You’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.

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Getting Deposition Testimony in Front of the Jury

jury_139711969You’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?

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