CEB®

Filing an Appeal? Follow 3 Steps to Drafting an Effective Statement of the Case

The appellate court probably knows the relevant law but not the facts of your case, so it will look to your appellant’s brief to fill this void. If you don’t provide an adequate statement of the case in your brief, the court…more
| Civil Procedure

10 Tips for Workplace Investigation Interviews

Given the employer’s duty to “take all reasonable steps” to prevent discrimination, harassment, and other unlawful practices (Govt C §12940(h)(5), (k); 29 CFR §1604.11(d)), employment lawyers can expect to conduct—or assist a…more
| Civil Rights, Labor & Employment Law

Be a Skeptic When a Potential Client Wants to Switch Counsel to You

Sometimes you should view a new potential client with skepticism. If the matter has been handled by another attorney and is now being referred or brought to you, there may be a reason you won’t like…more
| Law Practice Products & Services

The Perils of an Attorney Joining a Corporate Board

From time to time, attorneys are asked to serve as corporate directors or officers. Watch out—there may be some serious perils involved for the attorney and his or her law firm…more
| Business Organizations, Professional Malpractice

Deposing the Doctor: Why Do It and How Much Will It Cost?

In cases in which there are medical issues, you’ll need to decide whether to depose the treating physician. Here are some considerations to keep in mind as you make this call…more
| Civil Procedure, Personal Injury

Home Sweet Homestead

Suppose a debtor denies owning a home and then gives a false address so creditors don’t find out about the home. Can the debtor still claim the homestead exemption in bankruptcy?…more
| Bankruptcy, Civil Procedure, Finance & Banking, Real Estate - Residential, Taxation

4 Keys to Using Your Opening and Closing to Persuade

Both the opening statement and the closing argument should be used to persuade. (No, it’s not all about direct and cross.) The adages about the importance of first impressions and last words are worth heeding…more
| Civil Procedure, Criminal Law

Are You Ready for the New Mandatory Sick Leave Law?

California employers and employment lawyers have been (hopefully) planning for the new mandatory sick leave law for many months and now it’s finally here! Here’s a look at the law. Under the Healthy Workplaces, Healthy…more
| Labor & Employment Law

Thinking of Becoming an Expat? Watch Out for the Exit Tax

An increasing number of Americans are opting for an expatriate life. In fact, as MSN reports, more Americans than ever have renounced their U.S. citizenship in the first quarter of 2015. Moving abroad and getting a new…more
| International Law & Trade, Taxation

California Supreme Court Upholds San Jose's Inclusionary Housing Ordinance As Valid Land Use Restriction

In a unanimous decision that included two concurrences, the California Supreme Court upheld San Jose's inclusionary housing ordinance against a facial challenge that alleged an unconstitutional taking of the developer's property…more
| Constitutional Law, Real Estate - Residential, Zoning, Planning & Land Use

5 Reasons to Use Inspection Demands

With a written demand for inspection or production, a party can get the opposing party to produce documents or things for inspection, copying, testing, and sampling. CCP §2031.010. This can be a powerful discovery tool with at…more
| Civil Procedure

Does “Red Tagging” Terminate a Lease?

There’s been an earthquake, and an apartment building is red-tagged by the city or county because the utilities have been disconnected and the utility lines need repair; the landlord is dragging his feet about getting them…more
| Civil Remedies, Commercial Law & Contracts, Real Estate - Residential

What’s NOT Protected by Attorney-Client Privilege?

The attorney-client privilege (Evid C §§950–962) protects a client from disclosure of confidential communications between attorney and client. But not every communication between attorney and client is protected. Do you know…more
| Civil Procedure

First Case Under RULLCA Highlights Important New Remedy

Finally, there’s been a case that substantively interprets California’s new LLC law, RULLCA. The case highlights a key remedial feature that distinguishes RULLCA from its predecessor, and clears up statutory ambiguities…more
| Business Organizations

2 Reasons to Go for Defendant’s Default

A default occurs when a defendant served with a complaint doesn’t file the appropriate response within the time allowed. CCP §§585–586. After a defendant is in default, a plaintiff may file a request for entry of default and…more
| Civil Procedure
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