Carr, McClellan, Ingersoll, Thompson & Horn - Professional Law Corporation


Latest Publications

Scott Atkinson

Finally – Video Privacy Protection Act Amended for the Internet Era

Overview - On January 10, 2013, President Obama signed into law amendments to the 1988 Video Privacy Protection Act (VPPA) that facilitate social media sharing of video viewing preferences when users consent to disclosure…more

Amended Legislation, Internet Streaming, Online Videos, Video Privacy Protection Act

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Robert A. Bleicher

Hearsay Statements Increase an Employer’s Risk in California

In reversing summary judgment for an employer in an age discrimination case, the California Court of Appeal extended the statement against interest exception to the hearsay rule set forth in California Evidence Code section…more

ADEA, Age Discrimination, Employer Liability Issues, Hearsay

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Mark Cassanego

Holdback Escrows in M&A Transactions

A Merger and Acquisitions (“M&A”) holdback escrow, where a portion of the purchase price of an acquisition is placed in a third party escrow account to serve as security for the buyer, is a common element in structuring business…more

Escrow Holders, M&A Holdback Escrows

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Helen Christakos

7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the…more

Business Formation, Copyright, First-to-File, Legal Perspectives, Patents

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J. Craig Crawford

The California Supreme Court Clarifies Trial Courts’ Gatekeeper Responsibility

Until recently, California trial courts were not required to perform the rigorous expert testimony gatekeeping responsibility adopted by federal courts and a majority of state courts. As a practical matter, California’s…more

Appeals, Evidence, Expert Testimony, Expert Witness

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William Gutierrez

Pregnancy Disability Leave – Sanchez v. Swissport

A California appellate court has given employers yet another reason for caution in their handling of employees on pregnancy disability leave. In Sanchez v. Swissport, Inc., B237761 (Feb. 21, 2013), the Second District Court of…more

Disability Discrimination, Discrimination, FEHA, FMLA, Hiring & Firing

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Mark D. Hudak

An End to Inclusionary Housing Requirements

The California Supreme Court has agreed to review the legality of a city’s inclusionary housing ordinance (IHO). At issue is the IHO adopted by San Jose. The IHO applies to new developments of 20 or more residential…more

Affordable Housing, Housing Market, Inclusionary Housing Ordinance

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Jennifer C. Johnson

The One Thing In-House Counsel Should Know Before Opening Office Locations Abroad

Globalization. It is here. That reality brings complexity. And, unfortunately, with complexity comes legal fees. Among the complexities facing companies that want to go global is opening offices abroad. We have been…more

Business Development, Commercial Leases, Corporate Counsel

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David King

The Best Defense You’ve Never Heard Of – The Federal Enclave Doctrine Restricts Wrongful Termination Remedies

The relatively obscure Federal Enclave Doctrine is potentially a powerful arrow in the quiver of defense counsel, where the tortious act complained of occurred on federal land. In the context of employment-related claims, the…more

ADA, Contractors, Federal Enclave Doctrine, FEHA, Litigation Strategies

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Brendan Lund

Small and Mid-Size Companies: Beware of Increased Cybersecurity Threats of Sensitive Tax Information

Small and mid-size companies electronically transmit an increased amount of sensitive financial information via the Internet to comply with tax compliance obligations…more

Cybersecurity, Data Protection, Income Taxes, Payroll Taxes, Personally Identifiable Information

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Lori Lutzker

Leases Don’t Last Forever

Did you know that leases which may have been intended to be renewable in perpetuity, if at all uncertain in that regard, will be construed as importing but one renewal?…more

Contract Renewal, Contract Term, Leases, Maintenance, Rent

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Valerie Menager

Ban the Box has Come to San Francisco: Is Your Employment Recruiting Process in Compliance?

San Francisco’s Fair Chance Ordinance. Effective March 16, 2014, a new San Francisco city ordinance, called the Fair Chance Ordinance, will strictly limit an employer’s ability to gather and utilize information about the…more

Ban the Box, Compliance, Employer Liability Issues, Employment Application, Job Applicants

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John Minton

Rumors about the Death of “No Contest” Clauses May Be Premature; Recent Case Offers Hope

Ever since January 1, 2010, when California overhauled the rules governing the enforceability of “no contest” clauses – provisions in testamentary instruments that say anyone who challenges the instrument will be disinherited –…more

No Contest Clause, Probate, Trusts

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Jonathon Morrison


Congress recently made permanent the “portability” of a predeceasing spouse’s unused estate tax exemption (currently, $5.25 million per spouse)…more

Bypass Trusts, Capital Gains, Income Taxes, Portability, Tax Exemptions

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Kendall Patton

Letters of Intent Save Clients Money

The complexity of documents for business transactions continues to grow exponentially. In 1985, a standard lease for a 5,000 RSF space was often less than 20 pages. In 2013, it’s not uncommon for a lease for a 2,000 RSF space…more

Legal Writing, Letters of Intent

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Manroop Purewal

The “Google Effect:” How High-Tech Companies Are Impacting Building, Architecture and Design

Overview - Technology companies in the Bay Area have led the resurgence of the local commercial real estate sector. And these companies are also creating a new norm in campus design known as the Google Effect…more

Architecture, Google, Land Developers, Silicon Valley

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Andrea Smith

Marriage and Capacity: The Mental Competence Needed To Tie (and Untie) the Knot

Roughly half of all marriages in the United States eventually end in divorce. The statistics are even bleaker in California, where the divorce rate hovers at around sixty percent. In light of these odds, getting married in…more

Divorce, Marriage, Testamentary Capacity

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Lisa Stalteri

Energy Usage Disclosure Finally Going On-Line

As of July 1, 2013, California Public Resources Code §25402.10 requires the owner of a non-residential building with a total gross floor area of 50,000 square feet or more in the event of a sale, lease or finance of the property…more

Energy Use Disclosure Requirements, Internet

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Janice Tam

No Such Thing as Forever: President Obama’s 2014 Budget Proposes to Reduce Estate Tax Exemption Amount in 2018

Just when many of us believed that, after years of changes and uncertainty, the federal estate tax exemption had stabilized at $5.0 million, subject to inflation adjustment (for 2013, it is a $5.25 million exemption), we have…more

American Taxpayer Relief Act, Barack Obama, Estate Tax, Estate-Tax Exemption, Federal Budget

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W. George Wailes

Ninth Circuit Makes Bad Copyright Law from Bad Facts

In a decision that is already being criticized as “horrific” and “judicial activism,” the Ninth Circuit created copyright protection for an acting performance in a short film for which the actress read from a script and was paid…more

Copyright, Google, Licenses

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Edward Willig

What to Ask Potential Investors Beyond “Is Your Money Green”

Overview - Investment into U.S. venture-backed companies dropped 20% to $6.6 billion in the fourth quarter of 2013 compared to a year earlier, according to Dow Jones VentureSource, and was down 15% to $29.7 billion for…more

Hedge Funds, Investors, Private Equity, Startups, Venture Capital

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