6 Ways to Help Clients Avoid a Data Breach

ThinkstockPhotos-478305224It is not “if” but “when” your client will be the victim of a data breach. But despite the growing risks and many high-profile breaches, there are still businesses that are woefully underprepared. Here’s how you can help your clients mitigate risk associated with data breaches well before an incident occurs. Continue reading

5 Things to Know About CA’s Aid-in-Dying Law

ThinkstockPhotos-465022009Effective June 9, 2016,  the End of Life Option Act (Health & S C §§443-443.22) makes California the fifth state in the nation to allow physicians to prescribe medications to end the lives of their terminally ill patients. As expected, the Act has many requirements built into it to address the concerns of its opponents. Continue reading

Marijuana Legalization: What’s on the Horizon for California Employers?

ThinkstockPhotos-511371716The following is a guest blog post from Gina Roccanova. Ms. Roccanova is a Principal at Meyers Nave and Chair of the Labor and Employment Practice Group, where she serves public and private clients with nearly 20 years of experience in negotiations, counseling, litigation, arbitration, and training.

With political backing from Lt. Governor Gavin Newsom, financial support from Sean Parker, and a significant coalition of pro-legalization groups, the Adult Use of Marijuana Act (AUMA) is likely to appear on the California ballot in November. According to numerous polls, a wide majority of voters support the initiative. If it passes, adults age 21 and over will have the right to possess, use, and grow limited amounts of marijuana for personal, recreational use. What does this mean for California employers? The answer depends on a situation that’s increasingly familiar in today’s world: employers will have to balance the pros and cons inherent in following the regulatory status quo against responding to changing societal views. Continue reading

How Have the Courts Dealt with Prop 47?

ThinkstockPhotos-95349775There’s continuing debate about whether California’s Proposition 47, which decriminalized certain felonies, is responsible for a rise in crimes. But what’s not up for debate is that Prop 47 has been expanded and challenged in unforeseen ways. The appellate courts have been putting their own stamp on the way the trial courts have applied Prop 47. Here’s a sampling of how the cases have been falling.

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Bound to Arbitrate Nursing Home Litigation?

Senior woman in a nursing homeWhen is a personal representative bound to arbitrate claims against a nursing home? The answer depends on the nature of the claim, as illustrated in a recent case. Continue reading

Can You Evict Tenants for Renting Out Their Apartments for Short-Term Use?

ThinkstockPhotos-124642612A recent decision from the Appellate Department of the Los Angeles Superior Court (Chen v Kraft (2016) 243 CA4th Supp 13) allowed a landlord to evict a tenant for running a transient occupancy (short-term rental) business out of his residential rental unit in Los Angeles. If you read this case too quickly, you might think it applies to any situation in which a tenant runs a short-term rental business from an apartment in California. But not so fast! Continue reading

Emojis in Evidence

ThinkstockPhotos-496854082Text messages and emails—common forms of evidence in most cases—increasingly include nonverbal aspects such as emojis (or emoticons, as these symbols are sometimes called). This introduces a myriad of issues with regard to interpretation. And the courts are just starting to deal with it.

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