Posted on February 17, 2017 by Julie Brook, Esq.
Heading to trial? Start your planning by preparing a trial outline. Here are the key things to include and a sample outline to give you an idea how it looks. Continue reading
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: elements of causes of action, evidence, legal issues, pre-trial preparation, preparing for trial | Leave a comment »
Posted on February 10, 2017 by Julie Brook, Esq.
When you’re negotiating settlement of an employment action, you have much more to consider than just “how much money.” There are many nonmonetary remedies that can—either alone or combined with money—bring the parties to agreement. And how money is paid out can also be a good bargaining chip. Continue reading
Filed under: Civil Litigation, Employment Law, Legal Topics, Litigation Strategy, Settlement Negotiation | Tagged: employees, employers, employment actions, employment discrimination, employment litigation, negotiation, non-monetary settlement terms, settlement, wrongful termination | 1 Comment »
Posted on February 8, 2017 by Julie Brook, Esq.
Your objective is to determine how and when to present each witness, exhibit, and other item of evidence most persuasively during trial. The key to meeting this objective is breaking it down into these four steps. Continue reading
Filed under: Civil Litigation, Evidence, Legal Topics, Trial Strategy | Tagged: evidence, exhibits, Jury trial, trial, witnesses | Leave a comment »
Posted on February 6, 2017 by Julie Brook, Esq.
It’s like magic: California’s CC §1717 transforms a unilateral attorney fee provision in a contract into a reciprocal one! When the contract provides for attorney fees to either a particular party or the prevailing party, the prevailing party “on the contract” is entitled to recover reasonable attorney fees regardless of whether that party was the party specified in the contract. But taking advantage of this statute depends on meeting the following five requirements. Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics | Tagged: attorney fee award, attorneys fees, Civil Code 1717, contract provision, contractual attorney fees, reciprocal attorney fees | Leave a comment »
Posted on February 1, 2017 by Julie Brook, Esq.
When it comes to deposition exhibits, you need to keep your eye on the trial: Make sure they are marked, identified, and attached to the deposition transcript. Here are four tips for handling depo exhibits. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: civil litigation, deposition, discovery, exhibits, preparing for deposition, trial | 2 Comments »
Posted on January 27, 2017 by CEB
The following is a guest blog post by Joseph A. Goldstein. Mr. Goldstein is a litigator with The Goldstein Law Firm, representing employers in labor and employment law disputes, wage and hour class actions, and business disputes. He authored the resolution that ultimately became SB 1007.
Effective January 1, 2017, SB 1007 amended the California Arbitration Act to provide that any party to an arbitration has a right to require the presence of a certified shorthand reporter to transcribe at any deposition, proceeding, or hearing. CCP §1282.5. This law is important because it provides the opportunity for litigants to create an appellate record as well as increases transparency in the arbitration process. Here’s what you need to know about this new law. Continue reading
Filed under: Civil Litigation, Legal Topics, New Legal Developments | Tagged: arbitration, court reporter, new law | Leave a comment »