CEB®

Questioning a Witness: Poor Questions Versus Good Ones

When conducting direct examination, you generally can’t ask leading questions, i.e., ones that suggest a particular answer. Evid C §§764, 767(a)(2). And, of course, you can’t ask objectionable questions. For inexperienced…more
| Civil Procedure

Business Plan Basics

Every business should have a plan—from tech start-ups to law firms. The process of creating a document that details the thoughts and ideas of the owners or founders of the business allows for a realistic appraisal of the…more
| Business Organizations

Should You Save Something for Your Closing?

Although it may be tempting to cover everything during cross-examination, there are situations in which it’s better to save something for your closing argument. In fact, it’s a time-honored rule among some litigators to always…more
| Civil Procedure

Top 10 Trade Secrets and Unfair Competition Developments

There were several noteworthy developments in 2015 in the area of trade secrets and unfair competition. This post focuses on developments affecting California employers. Due to the unsettled nature of some of the law, this…more
| Commercial Law & Contracts, Conflict of Laws, Intellectual Property, Labor & Employment Law

Timing Your Requests for Admission

One of many tactical decisions you need to make in litigation is when to serve requests for admission. Timing may be key to getting what you need. Here are your parameters..…more
| Civil Procedure

Backsies! When Can You Rescind a Real Property Purchase Agreement?

You buy a house and then discover that the seller didn’t disclose a material fact about the property—say, the sewage system you thought was owned by the city was actually owned by 13 different residents in the area, and you’re…more
| Commercial Law & Contracts, Real Estate - Residential

Unaccepted Offer to Satisfy Named Plaintiff's Individual Claim Does Not Render Case Moot

The U.S. Supreme Court in Campbell-Ewald Co. v Gomez (Jan. 20, 2016, No. 14-857) 2016 US Lexis 846, 2016 WL 228345, held that an unaccepted offer to settle the named plaintiff's individual claim in a putative class action does…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Constitutional Law, Consumer Protection

3 Ways to Improve Trial Pacing

One of the cornerstones in trying a good case is pacing. The attorney who proves everything proves nothing. It’s imperative that your case be pared down to its essential elements and presented concisely. Here (concisely)…more
| Law Practice Products & Services

Stop Trade Secret Thieves Before They Leave

One of the most likely times to lose trade secret protection occurs when an employee leaves the company. If there are feelings of resentment, the employee may want to harm the employer, or the employee may mistakenly feel that…more
| Commercial Law & Contracts, Intellectual Property, Labor & Employment Law

Cautionary Tale: When a Stipulated Continuance Won’t Save You from Untimeliness

A recent case shows what happened when counsel stipulated to a continuance that took the ruling on a motion to vacate a default judgment past the jurisdictional time limit. It’s the tale of a big win, followed by a crushing…more
| Civil Procedure, Law Practice Products & Services

New Rules of Court Regarding Writ Petitions in Small Claims Court Cases

Effective January 1, 2016, new Rules of Court detail the procedures for filing writ petitions in small claims court cases. See Cal Rules of Ct 8.970?–?8.977. These new court rules elaborate on CCP §116.798, which was enacted in…more
| Civil Remedies, Law Practice Products & Services

How to Authenticate a Social Media Post

Despite its relationship to new technologies, electronic evidence, including social media evidence, is actually treated the same as traditional forms of evidence in terms of admissibility. You can’t get it in without proper…more
| Civil Procedure, Communications & Media Law, Electronic Discovery, Science, Computers, & Technology

Can a City or County Make It a Crime to Cultivate or Use Medical Marijuana?

Since the legalization of medical marijuana in California 20 years ago, some cities and counties have found ways to keep it out. Are their land use powers still powerful enough to do it?…more
| Conflict of Laws, Criminal Law, Zoning, Planning & Land Use

Wage and Hour Law Continues to Be Hot

The number of federally filed wage and hour cases hit a new high in 2015, and, as Corporate Counsel reports, this trend is likely to continue in 2016. Similarly, California’s Division of Labor Standards Enforcement is…more
| Labor & Employment Law

Checklist: Does the Anti-SLAPP Statute Apply?

An anti-SLAPP motion to strike is generally available when one of the causes of action in a case is based on an act of a person in furtherance of the person’s constitutional right of petition or free speech in connection with a…more
| Civil Procedure, Communications & Media Law, Constitutional Law
Showing 1-15 of 257 Results
|
View per page
Page: of 18
Contact

2100 Franklin Street Suite 500
Oakland, CA 94612, United States

  • (510) 302-2000

Areas of Practice
  • Continuing Legal Education
  • Software & Technology
  • Training & Education
Locations
Other U.S. Locations
  • California
This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×