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
When conducting direct examination, you generally can’t ask leading questions, i.e., ones that suggest a particular answer. Evid C §§764, 767(a)(2). And, of course, you can’t ask objectionable questions. For inexperienced practitioners, it can be hard to craft acceptable and effective questions while in the stressful moment. Practicing your questions in advance will be a great help, as will reviewing both positive and negative examples. Continue reading
Every business should have a plan—from tech start-ups to law firms. The process of creating a document that details the thoughts and ideas of the owners or founders of the business allows for a realistic appraisal of the business’ chance of success before committing time and money to it. Continue reading
Although it may be tempting to cover everything during cross-examination, there are situations in which it’s better to save something for your closing argument. In fact, it’s a time-honored rule among some litigators to always save something for your closing. But that strategy can be risky, too. Continue reading