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Compliance/Best Practices Employment Law Legal Topics New Legal Developments

New Year, New Laws for Employment Lawyers

Were you able to keep track of the new legislative changes that affect California employers and employment lawyers? Don’t worry, we did and here are some of the key statutory changes you need to know about. 

Categories
Civil Litigation Legal Topics New Legal Developments Practice of Law

CEBblog’s Most Popular Posts from 2018

Before we say goodbye to 2018, take a look at some of the most popular posts from the past year.

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Appeals/Post-Trial Matters Civil Litigation Discovery Legal Topics Litigation Strategy New Legal Developments Pretrial Matters Settlement Negotiation

New Year, New Laws for Civil Litigators

The California legislature has enacted new laws that may affect your litigation practice. Here are some of the key statutory changes you need to know about.

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Divorce Law Family Law Legal Topics New Legal Developments

New Year, New Laws for Family Law Attorneys

The California legislature has enacted new laws that may affect your family law practice. Here are some of the key statutory changes you need to know about.

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Legal Ethics New Legal Developments Practice of Law

New Ethics Rules Weigh In on Flat Fees

new rules of professional conductThe following is a guest blog post by Megan Zavieh. Megan focuses her practice exclusively on attorney ethics, providing guidance to attorneys, representing attorneys facing State Bar discipline, podcasting, and writing extensively on ethics issues.

California’s new Rules of Professional Conduct, effective November 1, 2018, recognizes a trend in legal services billing—flat fees. Flat fees are becoming more common as an alternative to the traditional billable hour. As they rise in popularity outside of criminal law, the rules directly address them. Here’s what you need to know and do.

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

Big Changes for CA Companies Using “Independent Contractors”

Photo of a delivery driver checking his deliveries in his van. Is he an employee or an independent contractor?Determining whether a California worker is an independent contractor or an employee has never been an exact science, with a lot riding on correct classification. But the California Supreme Court recently tried to simplify the issue by adopting a new “ABC” test for California, at least for claims under the IWC Wage Orders for minimum wage, overtime pay, and meal and rest period violations.

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Criminal Law Legal Ethics Legal Topics New Legal Developments Practice of Law Uncategorized

3 New Rules Every Criminal Law Attorney Needs to Know

new rules of professional conductThe following is a guest blog post by Garrick Byers, known as the Statute Decoder because of his facility in interpreting statutes and rules. He is the chairperson of the California Public Defenders Association’s (CPDA’s) Ethics Committee, and is a former CPDA president. He is a criminal law specialist and a frequent speaker and writer on criminal law topics, including ethics. He was a public defender for 33 years and is currently in private practice, handling criminal law appeals, writs, motions, and case consultations.

The new California Rules of Professional Conduct, effective November 1, 2018, use the format and much of the substance of the ABA Model Rules. Here are three of the most important changes for prosecution and defense counsel.

Categories
Legal Ethics New Legal Developments Practice of Law Uncategorized

Highlights of the New California Professional Rules

new rules of professional conductThe following is a guest blog post by Merri A. Baldwin. Merri is a shareholder at Rogers Joseph O’Donnell P.C., where her practice focuses on attorney liability and conduct, including malpractice, State Bar discipline, ethics advice, motions to disqualify and sanctions defense. She is the former Chair of the California State Bar Committee on Professional Responsibility and Conduct.  She teaches professional responsibility at Berkeley Law, and is a certified specialist in Legal Malpractice Law. 

In May, after several rounds and many years of drafting, editing, and consideration, the California Supreme Court approved comprehensive changes to the Rules of Professional Conduct governing lawyers in California to take effect on November 1, 2018. These significant changes bring California rules more in line with the rest of the country.  Here are some highlights of the new rules.

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Estate Planning Legal Topics New Legal Developments

Endless Summons: No Statute of Limitations on Spouse’s Claim for Breach of Fiduciary Duty

 

Endless Summons: No Statute of Limitations on Spouse’s Claim for Breach of Fiduciary Duty

The appellate decision in Yeh v Tai (2017) 18 CA5th 953 completely misses the main issue in the case but still makes an important point about breach of fiduciary duty claims against a deceased spouse.

Categories
Divorce Law Family Law Legal Topics New Legal Developments Tax Law

Divorce Is Not Any Easier After Trump’s Tax Cut

wedding cake split apart to show divorce and split of assetsThe following is a guest post from Ed Lyman, a trial and appellate attorney at Walzer Melcher LLP who handles complex dissolution of marriage and domestic partnerships for high net worth individuals.

Family law attorneys and accountants are struggling to grasp the impact of the GOP’s tax overhaul on divorces. The biggest changes that affect divorcées is the repeal of various deductions, the creation of new ones, large tax cuts for business entities, and eliminating many exemptions. These changes require special attention when calculating alimony, child support, and division of marital assets.