CEB®

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

Trial Logistics: 4 Things to Set Up Before Heading to Court

Any trial strategy should incorporate the mundane. Not only must you get to court on time, but everything you need to try the case also has to be there, at your fingertips. Here are four things you should consider and arrange…more
| Civil Procedure

Employee Leave Law F.A.Q.s

It can be very confusing to calculate entitlements under employee leave laws—particularly the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)—and even more complicated trying to figure out how…more
| Labor & Employment Law

When You Can and Can’t E-Sign

The definition of “signed” in the UCC includes “any symbol,” as long as it’s “executed or adopted with present intention to adopt or accept a writing.” Com C §1201(b)(37). E-Sign extends this approach to electronic signatures…more
| Commercial Law & Contracts, Science, Computers, & Technology

Combating Comparative Fault for an Unhelmeted Cyclist

A bill introduced earlier this year mandating helmet use for California adults (SB-192) was scaled back following opposition from bike organizations statewide. So for the time being at least, helmet use remains optional for…more
| Civil Procedure, Personal Injury

Protecting Digital Assets: 6 Steps to Take on Death or Incapacity

It used to be enough for a fiduciary and her attorney to simply search through a decedent’s or incapacitated person’s papers in his or her workplace and at home, watch the mailbox for a 90 day cycle, and review tax returns and…more
| Communications & Media Law, Science, Computers, & Technology, Wills, Trusts, & Estate Planning

Prepare for Case Management Conferences in 4 Steps

In the past, most California superior courts routinely held trial-setting, pretrial, arbitration status, and status conferences. Delay reduction rules put a stop to this practice, consolidating all of these into a comprehensive…more
| Civil Procedure

Time Will Soon Run Out for Petitions under Prop 47

Those individuals who are currently in custody or who are on probation or who have completed a sentence for one of the decriminalized felonies under Proposition 47 need to act soon. The clock is ticking on the filing deadline…more
| Criminal Law

Play Fair: Guidelines for New Employees Hired from a Competitor

It’s common for customers or clients to want to stick with the person who has been handling their account even when that person moves to a different company. But this situation can create serious issues around trade secrets and…more
| Commercial Law & Contracts, Intellectual Property, Labor & Employment Law

Phone It In: How to Appear by Telephone

Want to avoid traffic, parking, and court security checkpoints? Appear at a hearing by telephone! Counsel in civil actions generally have the option of appearing by telephone in any hearing or conference at which witnesses…more
| Civil Procedure

Are Public-Private Partnerships the Solution for CA’s Infrastructure Gap?

Public-private partnerships (P3s) are hot in an era of budget cutbacks and the need for alternative, innovative ways to repair and replace our aging public infrastructure. P3s can help bridge the infrastructure gap by using…more
| Commercial Law & Contracts, Construction Law, Government Contracting, Transportation, Zoning, Planning & Land Use

Take 5 (Steps) Before Moving for Summary Judgment

Thinking of filing a summary judgment motion in your case? Take the time to follow these five steps in assessing whether this is the right move to make…more
| Alternative Dispute Resolution (ADR), Civil Procedure

4 Things to Know Before Joining a Nonprofit’s Board

You’ve been asked to serve on the board of a nonprofit organization. Congratulations—you can render a real service to the community! Attorneys do make great nonprofit directors, but before you sign on, here are four things you…more
| Business Organizations, Nonprofit Law
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