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Tips for Drafting an Understandable Trust

thinkstockphotos-513685872The purpose of a trust document is to convey information to its intended audience. But that audience is typically a very disparate group in terms of its education in general and its knowledge of trusts and taxes in particular. How can you write a trust that’s understandable to them all?

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Should You Discuss Damages During Opening and Closing?

thinkstockphotos-465858366Whether and how you discuss damages in your opening statement and closing argument is a strategic consideration. A plaintiff discussing damages in the opening may turn jurors off, but not doing so can be a tactical mistake. Defendants usually want to steer clear of damages in the opening if possible. And both sides should discuss damages in the closing, but maybe in a different order. Continue reading

Would an “Insured” by Any Other Name Be as Covered?

thinkstockphotos-618210028Automobile liability policies provide coverage both to “named insureds” and “insureds.” Do you understand the coverage consequences of this distinction? Continue reading

Deadlines for Motions to Compel

thinkstockphotos-471597236The timing of a motion to compel depends largely on whether responses have been served. Here’s a review of the timing in common situations and a handy chart with the time limits. Continue reading

Yes, California Employers, It Really Is Time to Update Your NDAs

The following is a guest blog post by Tyler M. Paetkau, Hartnett, Smith & Paetkau, Redwood City, CA. Tyler represents employers in all aspects of employment and labor law, including counseling and litigation regarding trade secrets and unfair competition.

Now is a particularly good time for California employers to update and revise their agreements with employees respecting trade secrets and other confidential and proprietary information (NDAs), based on several recent, noteworthy legal developments. Review your NDAs and make these three changes. Continue reading

4 Tips for Defining Contract Terms

thinkstockphotos-616226892When drafting a contract, make sure to give attention to the defined terms portion. Defined terms are important because they allow the use of short-form references for names, terms, and concepts that are frequently repeated in an agreement, thus saving space, improving readability, and assuring consistency. They also encourage the drafter to be precise in stating important concepts and procedures. Use these four tips next time you draft a contract. Continue reading

Who May Attend a Deposition?

thinkstockphotos-155804580Generally, depositions are a fairly intimate gathering with only the necessary attendees. But what do you do if you’re surprised by an unwelcome person who insists on being present? Continue reading

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