CEB®

Who’s an Independent Contractor in the New Economy?

Deciding whether to treat workers as employees or independent contractors is tricky in general and even more so in the context of the new so-called sharing economy. In recent decisions, courts have refused to resolve whether the…more
| Labor & Employment Law

Using Fiduciary Accountings as a Client Management Tool

When representing a fiduciary such as a conservator or personal representative, you’re often dealing with a lay person who may be feeling overwhelmed by unfamiliar responsibilities. One way to bring the situation under control…more
| Law Practice Products & Services

4 Tips on How to Be Both Assertive and Effective in Settlement Negotiations

One of the key components of the opening phase of a negotiation is articulating your client’s intentions, needs, and hopes regarding a settlement. You can strongly assert your client’s point of view in a way that also fosters an…more
| Alternative Dispute Resolution (ADR), Civil Remedies

Splitting Fees? Get Client Consent ASAP

Common scenario: You do some work for a client and then pass off the client to another attorney, agreeing to split the attorney fees. Later you want to get your share of the fees. The Rules of Professional Conduct require that…more
| Law Practice Products & Services

Huge Settlement in Massive Data Breach, But Will It Help?

Remember the massive data breach incident at Target stores during the holiday season of 2013? It resulted in a huge class action suit that may soon be settled for $10 million. Could this be the cautionary tale to get retailers…more
| Civil Remedies, Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

4 Questions to Ask Before Moving for a Discovery Protective Order

In California, civil discovery is “self-executing,” i.e., a party demanding discovery doesn’t need prior court approval, and the responding party may object instead of providing the requested information. An objection often ends…more
| Civil Procedure, Civil Remedies

Trust Property for Cats Sold to Pay for Settlor’s Care

What if the dead hand is still living? A recent trust case prompts the macabre metaphor. In Siegel v Fife (Feb. 26, 2015, B253746) 2015 Cal App Lexis 180, Settlor created a revocable trust in 2005…more
| Wills, Trusts, & Estate Planning

Post-Dispute Adoption of Arbitration Bylaw Fails

Recent court decisions in other states allowing enforcement of certain “forum selection” clauses in corporate bylaws has sparked much discussion on the scope of such clauses. A California court has just weighed in and made it…more
| Alternative Dispute Resolution (ADR), Business Organizations, Civil Procedure, Commercial Law & Contracts

Amendments to the California Family Rights Act Regulations Take Effect on July 1, 2015

The Office of Administrative Law has approved the California Fair Housing and Employment Council's proposed amendments to the regulations implementing the California Family Rights Act (CFRA) (Govt C §12945.2). The amendments…more
| Labor & Employment Law

To Tweet or Not to Tweet?

As more attorneys are dipping their toes into the social media waters to network through LinkedIn and reach potential clients through Facebook, many are wondering whether they should also be using Twitter. There are definitely…more
| Law Firm Marketing

Demonstrative Evidence: When You Want to Show and Tell

An episode of This American Life described the failed effort to get a Tic-tac-toe-playing chicken into evidence in the death penalty case of a mentally ill man with a very low IQ. Defense counsel was trying to rebut a…more
| Civil Procedure, Criminal Law, Law Practice Products & Services

Nine Fiduciary Accounting No Nos

When you’re a fiduciary under California’s Probate Code, such as a guardian or conservator, you’ll be required to prepare some type of fiduciary accounting for the court. You’ll probably hire an accountant to crunch the numbers,…more
| Law Practice Products & Services, Wills, Trusts, & Estate Planning

Should You Use Tactical Dismissals?

As plaintiff’s counsel, you always want to analyze how best to present your client’s case in the most efficient and persuasive way. Sometimes doing that means dismissing certain parties or causes of action…more
| Civil Procedure, Law Practice Products & Services

Capacity at Issue? Consider Making a Video

When you’re preparing a will or trust for someone for whom capacity might later be raised as an issue, you have a potentially powerful tool that can help avoid later disputes: video. There’s nothing like a judge seeing a…more
| Civil Procedure, Wills, Trusts, & Estate Planning

Scam Directed at Lawyers Is Expanding

A scam that has been commonly pulled on collection lawyers and other litigators is now being aimed at transactional lawyers. Be alert to it and know how to avoid becoming a victim…more
| Law Practice Products & Services
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