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Ervin Cohen & Jessup LLP

Want to Tie the Employee Up to You Forever?

There are occasions when an employer desires to contractually tie an employee to it for an extended period of time. These situations typically involve unique individuals who have special talents that cannot be easily replaced,…more

| Commercial Law & Contracts, Labor & Employment Law

Non-Tax Considerations in Estate Planning

In estate planning, we often focus heavily upon (a) reducing estate taxes and (b) avoiding probate. But equally important are the considerations regarding our family who survive us, and the legacy we wish to leave behind…more

| Wills, Trusts, & Estate Planning

Today’s Take: Don’t Mess With Elders

It is an unfortunate reality that as people get older, they become more and more susceptible to influence, abuse, and neglect. In fact, California has recognized that its elders are a disadvantaged class, that the cases of…more

| Civil Remedies, Personal Injury, Wills, Trusts, & Estate Planning

Age Discrimination Claims Remain Popular

Marc Santos and Geraldo Zaffa are two firefighters who filed a lawsuit against the Milpitas Fire Department for alleged age discrimination. The two men were placed on a list of qualified state and local firefighters by the…more

| Civil Rights, Labor & Employment Law

The Force is Sometimes Against Us

Julie Gilman Veronese sued Lucasfilm Ltd. in 2009 after she was hired—and then fired—as an assistant to the estate manager at George Lucas’s San Anselmo estate. She claimed she was fired because she was pregnant…more

| Business Organizations, Civil Procedure, Civil Rights, Labor &...

Take that, NLRB!

Remember all that hubbub about the National Labor Relations Board (NLRB) requiring employers to display a poster advising employees of their right to organize?…more

| Constitutional Law, Labor & Employment Law

Class Actions: Generally Not Nutritional

A group of former employees of a popular vitamin and nutritional supplement store filed a lawsuit against their employer for allegedly failing to pay them for overtime hours. The suit was originally filed in July of 2011…more

| Labor & Employment Law

Unresolved Emotional Conflicts Drive Post-Death Disputes

No family is perfect. And while all litigation is emotional, our experience is that almost all trust and estate litigation is driven by underlying emotional disputes among family members. And death, like divorce, can open the…more

| Family Law, Wills, Trusts, & Estate Planning

D’oh! Employment Law According to Homer Simpson

We have all lived in a highly regulated, pro-employee environment for years. Moreover, there is no hiding it; employers are bombarded by news about the hazards of having employees which illustrate the various pitfalls, often in…more

| Labor & Employment Law

Any Volunteers?

Generations X, Y and Z: educated, independent, entitled and media savvy. When motivated, these workers can be very valuable. Retaining them, however, can be a problem. Conventional wisdom is don’t try; they will be moving on…more

| Labor & Employment Law

Using Recievers to Collect Judgments Against Intellectual Property Assets

I have been asked to be a receiver to help collect a judgment. The judgment debtor has intellectual property assets. Plaintiff’s counsel has asked me how hard it will be to get me appointed and if I would be able to sell the…more

| Bankruptcy, Civil Procedure, Civil Remedies, Intellectual Property

No More “No Harm, No Foul” When It Comes To IRS Penalties

As the budget crisis has unfolded, the tax community has been predicting that the IRS would get aggressive about imposing penalties in order to raise more revenue. And we are starting to see just that happen. The IRS has…more

| Taxation, Wills, Trusts, & Estate Planning

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