If you represent an organization that gets served with a deposition notice under CCP §2025.230, you’ll need to designate “persons most knowledgeable” (PMK) to show up. This can be complicated, particularly if such employees are no longer with the organization or if the organization serves so many customers that getting called into depo in every case would be onerous. Never fear: the first problem can be dealt with by preparing current employees to speak to the issue, and the second may be eliminated by the courts. Continue reading
Did you know that, if you advertise your legal services on the Internet—and that includes having a firm website or using social media—you have to keep a copy of all the webpages for two years? Continue reading
Our last blog post was about mistakes that are made on common types of corporate filings, resulting in having them kicked back by the Secretary of State. We continue that theme with mistakes that are made on corporate merger documents. Avoid these errors or risk rejection. Continue reading
Filed under: Business Law, Legal Topics | Tagged: certificate of merger, corporate filings, corporate merger agreement, corporate mergers, officer's certificate, Secretary of State filings | 1 Comment »
In addition to the embarrassment factor for counsel and the extra time and expense involved, a rejected corporate filing can throw a wrench into what would otherwise be an orderly sequence of events in a transaction. To avoid all of these problems, be mindful of the following reasons why common types of filings get rejected by the California Secretary of State.
Based on public policy considerations, some types of potentially relevant evidence can’t be used at trial. One example is subsequent remedial or precautionary measures taken after an accident or other event, which, if it had been done before the event, would have tended to make it less likely to happen. Evid C §1151. Repairs and fixes can’t be used against a defendant unless it fits within an exception to the rule. Continue reading
The following is a guest blog post by James C. Anderson of Triebsch & Frampton, PC in Turlock, California. Mr. Anderson practices in the areas of labor law, employment law for management, business transactions, and civil litigation.
Existing law left health care employers in the quagmire of a conflicting statute and wage orders when it came to employees’ meal period waivers on work shifts exceeding 12 hours in a workday. But Governor Brown has signed urgency legislation (SB 327) that clarifies the law and puts wage orders firmly in control. Continue reading