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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

5 Tips for Preparing Your Witness for Video Deposition

Preparing your witness for a video deposition has a few more wrinkles—or more accurately, the ironing out of a few more wrinkles—than a deposition recorded only by stenography…more
| Civil Procedure

Should We Worry about Marijuana DUIs?

The number of drivers with alcohol in their system has has gone down significantly while the number of drivers using marijuana has gone way up. Safety-wise this doesn’t seem to be a bad trade. A recent National Highway Traffic…more
| Criminal Law

Inadmissible Evidence May Still Get In for a Limited Purpose

It may not be favored by courts or be the parties’ preference, but there’s a place for evidence to be admitted for a limited purpose. It can be seen as either a creative solution to an evidence admissibility problem or a way…more
| Civil Procedure

Should You Check a Job Applicant’s Social Media Posts?

Employers are wondering whether browsing public social media sites to learn more about a job applicant is worth the potential risks. A CareerBuilder survey found that 39% of employers use social networking sites to research job…more
| Labor & Employment Law

Keep Cross-Examination Short (Unless You Shouldn’t)

A successful evangelist once said about his sermons: “Nobody ever got religion after the first twenty minutes.” His time estimate may be wrong, but every evangelist and trial attorney has wrestled with the short attention span…more
| Civil Procedure

Like Cheese, Foreign Prenups Don’t Travel Well

It’s not uncommon for out-of-state attorneys to call California attorneys asking them to “just approve and sign a prenup.” The caller has drafted a premarital agreement in another state or country that he or she hopes will be…more
| Family Law

5 Things to Do to Prepare for Voir Dire

When next faced with preparing for jury voir dire examination before trial, consider these five practical suggestions. - Determine the types of jurors that you do and don’t want. Rather than selecting jurors through…more
| Civil Procedure

Revenge Porn Victims Have New Rights

In 2013 and again in 2015, California amended its disorderly conduct statute to include instances of “revenge porn.” See Pen C §647(j)(4). The first convictions are coming down with more likely to follow…more
| Communications & Media Law, Privacy
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