An employee who’s been laid off or fired and believes that it’s due to unlawful discrimination can’t simply sue and then sit around waiting for a payout from his or her former employer. Rather, the law requires that he or she get out there and look for another job—or risk a hit to any back pay damages. Continue reading
Missing an opportunity to cross-appeal can be a big mistake. Ordinarily, if you’re on the winning side in the trial court, there’s no need to file a cross-appeal. But there are situations in which filing a cross-appeal is not only appropriate but critical. Continue reading
Support issues are difficult enough when the parties are solvent, but what happens when one of the spouses goes through bankruptcy? Can support obligations be discharged? And on the other side, can the receiving spouse still collect if he or she files for bankruptcy?
Conducting settlement discussions without an agenda is like driving to an unfamiliar destination without a map: It’s possible, but not very efficient. If time and professionalism are valuable to you, conduct your negotiations with an agenda. Continue reading
The following is a guest blog post by April E. Frisby of Newmeyer & Dillion in Newport Beach, California. Her practice includes securities, business transactions, corporate law, and estate planning. April provides advice on capital formation, business strategy, and legal matters to entities and business professionals.
A question I am often asked by clients and practitioners alike is: Should I form a corporation or a limited liability company (LLC)? The answer depends on several things, including investment considerations, tax issues, and management preferences. Continue reading
There are few oral presentations given today that don’t make use of visual aids. It helps with the inevitable attention wandering and it allows you to reach different types of learners. Always try to make your presentations—including opening statements and closing arguments—memorable for all of your listeners. Continue reading
Filed under: Litigation Strategy, Trial Strategy | Tagged: closing argument, computer simulation, demonstrative evidence, Jury trial, opening statement, oral argument, oral presentation, visual aids | 1 Comment »
Revenge is a dish best served cold. In a recent case, a disenchanted suitor not only sued to recover gifts he made to his former lover but also reported those gifts to the IRS as income payments! See Diane Blagaich, TC Memo 2016–2. Continue reading