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Business Law Estate Planning

Using Buy-Sell Agreements to Protect Family-Owned Businesses

Family-owned or controlled businesses make up roughly 90 percent of all American businesses. Unfortunately, only a third of family-owned businesses survive the transition from the first generation of owners to the second. A buy-sell agreement can ensure a successful transition by controlling how an interest in the business can be sold.

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Civil Litigation Discovery Legal Topics

6 Grounds for Objecting to Requests for Admission

A party may respond to an individual request for admission (RFA) by objecting to all or part of it. CCP §2033.230. The right to object is waived if not stated in a timely response, so it’s important to consider objections carefully. Here are the most common objections to RFAs.

Categories
Estate Planning

Creating a Financial Power of Attorney

Sadly, preparing for your client’s potential incapacity is an integral part of estate planning. In doing so, one particularly useful tool is the financial power of attorney, which provides a trusted agent authority to transact business for your client. Here are a few basic requirements for creating this key document.

Categories
Civil Litigation Legal Ethics Legal Topics Practice of Law

Avoid Sanctions When Pushing the Legal Envelope

A court may sanction attorneys for engaging in meritless actions or tactics with the intent to harass or cause unnecessary delay. CCP §128.5. But what is meritless to one person may be a rational extension of the law to another. Luckily, there’s a safe harbor provision in the statute for that.

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Criminal Law Legal Topics

Getting the Most Out of Your Preliminary Hearing

When a case is set for preliminary hearing, it usually means that the prosecution is confident the evidence supports the charges and early settlement negotiations have failed. The defense attorney’s role at a preliminary hearing is to test the strength of the prosecution evidence. Here are some of the important benefits of a preliminary hearing for both sides.

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Civil Litigation Criminal Law Evidence Legal Topics

What to Include in an Expert Retention Agreement

It’s always best to put your fee agreement with an expert into writing. Here are the most important provisions to include in an expert retention letter agreement.

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Compliance/Best Practices Employment Law Legal Topics New Legal Developments

When Must Employee Travel Time Be Paid?

The following is a guest blog post by Richard J. Simmons of Sheppard Mullin in Los Angeles. He represents employers in various labor and employment matters.

California law establishes unique rules governing when time spent is compensable “hours worked.” How these rules are applied to travel time is continuing to evolve.

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Evidence Legal Topics

These Statements Aren’t Hearsay, Even If Admitted for Their Truth

There are several types of statements that, although sought to be admitted in evidence for their underlying truth, aren’t considered hearsay. This means you can get them into evidence and no hearsay exception need apply.

Categories
Compliance/Best Practices Employment Law Legal Topics New Legal Developments

DOL’s Proposal for Exempt Employees Doesn’t Meet CA’s Standard

The following is a guest blog post by Richard J. Simmons of Sheppard Mullin in Los Angeles. He represents employers in various labor and employment matters.

The U.S. Department of Labor (DOL) has proposed a new salary standard for exempt employees under the federal wage and hour law. But it falls below California’s standard.

Categories
Civil Litigation Criminal Law Legal Topics Litigation Strategy Pretrial Matters

6 Sources to Use When Preparing Voir Dire Questions

As you work on your questions to ask the jurors during voir dire, consider these six sources for ideas.