Heads Up on New FRCP Amendments

Do you know about the amendments to the Federal Rules of Civil Procedure that will take effect on December 1, 2015? The amendments touch a variety of issues, but most significantly impact the scope of permissible discovery and…more
| Civil Procedure

Heads Up Employers: New Law Limits Use of E-Verify

Many California employers use the federal electronic employment verification system, better known as E-Verify, to validate whether the employees they hire are authorized to work in the United States. E-Verify has been a…more
| Civil Rights, Immigration Law, Labor & Employment Law

Give Paid Time Off or Sick and Vacation Leave?

Is it better for an employer to operate under a paid time off (PTO) policy or to have vacation and sick leave policies instead? A PTO policy is very appealing because it’s more straightforward and seems easier to administer, but…more
| Labor & Employment Law

Amendments to Federal Rules of Civil Procedure Become Effective December 1, 2015

Amendments to the Federal Rules of Civil Procedure take effect on December 1, 2015. Touching a variety of issues, the amendments most significantly impact the scope of permissible discovery and the duty to preserve…more
| Civil Procedure, Electronic Discovery

21 Things to Tell Your Testifying Witness

Before your friendly witness is called to the stand, you should go over some general guidelines with him or her. This is particularly true of inexperienced witnesses, but it can’t hurt to review these admonitions even with…more
| Law Practice Products & Services

Should Your Firm Have a Chief Privacy Officer?

Following the trend in big business, a Pennsylvania law firm has just appointed its first Chief Privacy Officer (CPO). Should your firm consider having such a position? The short answer is: Yes!…more
| Business Organizations, Privacy, Science, Computers, & Technology

Expert Tip: Use Jury Instructions in Your Opening and Closing

By the time you prepare your opening statement, you’ll know specifically what the legal theories of your case are and generally what the jury instructions will be. By the time of your closing argument, the instructions will have…more
| Civil Procedure, Criminal Law

Enforcing a Judgment That’s Expired? You May Still Be in Luck

You can only enforce a judgment in the window between its effective date (with no stays in effect) and the date the judgment or renewal of the judgment expires. The key to getting more time is all in the expiration date…more
| Civil Procedure, Civil Remedies, Family Law, Finance & Banking

BYOD = BYOA (Aspirin)

In a side-by-side comparison between the benefits and detriments of BYOD (Bring Your Own Device), there’s no doubt that allowing BYOD might seem likely to yield productivity gains and other benefits for the company. But from a…more
| Civil Procedure, Electronic Discovery, Labor & Employment Law, Science, Computers, & Technology

How to Guard Information During Negotiation

If you’ve prepared well for a settlement negotiation, then you’ve already determined what information you won’t disclose to the other side. The trick is guarding that information in a way that doesn’t tip-off the other side to…more
| Law Practice Products & Services

You May Have to Produce PMK Witnesses, Unless You’re a File-Sharing Business

If you represent an organization that gets served with a deposition notice under CCP §2025.230, you’ll need to designate “persons most knowledgeable” (PMK) to show up. This can be complicated, particularly if such employees are…more
| Business Organizations, Civil Procedure, Science, Computers, & Technology

Got a Website? Tweet? Save Copies of Everything!

Did you know that, if you advertise your legal services on the Internet—and that includes having a firm website or using social media—you have to keep a copy of all the webpages for two years? Under Cal Rules of Prof Cond…more
| Law Firm Marketing, Law Practice Products & Services

Rejected! Common Mistakes on Corporate Merger Filings

Our last blog post was about mistakes that are made on common types of corporate filings, resulting in having them kicked back by the Secretary of State. We continue that theme with mistakes that are made on corporate merger…more
| Business Organizations, Mergers & Acquisitions

Rejected! Mistakes with Common Corporate Filings

In addition to the embarrassment factor for counsel and the extra time and expense involved, a rejected corporate filing can throw a wrench into what would otherwise be an orderly sequence of events in a transaction. To avoid…more
| Business Organizations

Can You Use Evidence of Repairs Made After the Fact?

Based on public policy considerations, some types of potentially relevant evidence can’t be used at trial. One example is subsequent remedial or precautionary measures taken after an accident or other event, which, if it had…more
| Civil Procedure
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