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5 Rules to Minimize Expert Contamination

Attorneys risk expert contamination when they provide information to an expert about a case. Although you need to discuss the case candidly and openly with your expert, you don’t want to contaminate the expert with information…more
| Civil Procedure

What to Do about an Incompetent Interpreter

A witness who would otherwise be incompetent because he or she can’t understand or speak English can be made effectively competent by using an interpreter. But what happens when the interpreter is accused of being incompetent?…more
| Civil Procedure

Plaintiffs: Reject §998 Settlement Offers at Your Peril

Last week on CEBblog™, we discussed the consequences of a defendant rejecting a settlement offer under CCP §998 and then getting creamed at trial. But §998 is an equal opportunity statute with consequences for plaintiffs too…more
| Civil Procedure, Civil Remedies

How to Get Business Records into Evidence

Need to get business records into evidence? There’s a hearsay exception for that! The business records exception to the hearsay rule makes it easier for businesses to provide records during litigation without undue disruption…more
| Civil Procedure

Lessons on Social Media in the Workplace

The following is a guest blog post by Tyler M. Paetkau, a partner with Hartnett, Smith & Paetkau in Redwood City. Tyler represents employers in all aspects of labor and employment law. He’s a frequent author and speaker on labor…more
| Labor & Employment Law

Defendants: Reject §998 Settlement Offers at Your Peril

Here’s a cautionary tale for all those defense attorneys who don’t take §998 settlement offers seriously enough. In a recent case in San Diego Superior Court, two teenage boys sued an outpatient services provider,…more
| Civil Remedies, Personal Injury

Amendment to California's Prevailing Wage Laws Requires Construction Contractor Registration

Covered Proposals and Contracts: A new issue facing counsel involved in construction law is the contractor registration requirement (see Stats 2014, ch 28, §§62–63) enacted in June as an amendment to California's prevailing wage…more
| Construction Law, Labor & Employment Law, Government Contracting

Don’t Be Trapped by Your Deposition Outline

An outline is an excellent tool for making sure you don’t overlook any important subjects during a deposition. But don’t let this tool become a trap: Be in the moment and be ready to venture outside of your outline…more
| Law Practice Products & Services

Get Your Vacation Policy Right, and Then Relax!

Enjoying vacation time this summer? We all need a vacation at some point, and thankfully many employers provide for paid vacation leave. But as with many wage and hour issues, employers get themselves into legal trouble by…more
| Labor & Employment Law

Put Chambers Chat on the Record

Right before the trial begins, trial judges routinely invite counsel into chambers to explore areas of agreement and disagreement, anticipated trial objections, and how certain matters will be handled at trial. These…more
| Civil Procedure

Think Creatively about Settlement Options

In the vast majority of cases, there are more options for settlement than meet the eye. Having more options on the table increases the likelihood of finding one that is mutually acceptable. This is your chance to get creative!…more
| Civil Procedure

California Supreme Court Clarifies Commissioned Employee Exemption

Peabody v Time Warner Cable, Inc. (July 14, 2014, No. S204804) 2014 Cal Lexis 4755, came to the California Supreme Court from the Ninth Circuit, through a certification procedure that is used when a question can determine the…more
| Labor & Employment Law

Did the Trial Court Get the Factual Determination Wrong?

Your client lost in the trial court. Should you appeal? A key basis for appeal is that the trial court’s ruling on a question of fact was erroneous. Here’s how to go about identifying a factual determination that might form the…more
| Civil Procedure

Opening a Law Practice? Pay Attention to Tax Issues

You’ve decided to open your own law office and are ready for your clients’ cases, but are you also ready to handle the tax issues that go hand-in-hand with running your own business?…more
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Taxation

Tales of Hoffman: Postmortem Planning for Actor’s Estate

The tragic death of actor Philip Seymour Hoffman has given us an opportunity to consider his estate planning, with lessons and strategies for the rest of us…more
| Taxation, Wills, Trusts, & Estate Planning
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