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

Checklist: What to Include in Anti-Harassment Policies

thinkstockphotos-466150788Employers not only may be held liable for workplace harassment, but they have the potential for separate liability for not taking reasonable steps to prevent the harassment from occurring. Govt C §12940(k). One step every employer should take is to draft and disseminate an anti-harassment policy. Note that the mere existence of a policy prohibiting harassment isn’t enough to shield the employer from liability. To work as a shield, the policy must be adequate and it must be distributed to employees. Does your client’s policy include all of the elements in this checklist? Continue reading

13 Routinely Helpful Cross-Examination Questions

thinkstockphotos-471597352 There are some questions that are virtually always safe to ask during cross-examination and often elicit pleasantly surprising answers. Consider asking these questions on your next cross—they could make all the difference. Continue reading

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