McManis Faulkner

Will Legal Reform Kill the Bitcoin?

For two decades, during the 1620s and 1630s, Europe fell into the grip of “tulip mania.” At its peak in 1637, tulip bulbs were sold for more than 10 times the average worker’s annual income—enough to buy a house. Within weeks…more

Bitcoin, Financial Regulatory Reform, Silk Road, Virtual Currency

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Talking to Children About Divorce

When divorcing with children, it is important to assure them that no matter what, they will be cared for and loved. Older children will know that divorce means mom and dad will be living apart, while younger children may need…more

Child Custody, Child Visitation, Divorce

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Expedited Jury Trials Are Here to Stay and Now Mandatory in Some Limited Civil Cases

Effective January 1, 2016, AB 555 makes permanent the voluntary expedited jury trial procedures set forth in CCP § 630.01 et seq. These procedures were added to the Code of Civil Procedure in 2011 to reduce the cost of…more

Expedited Actions Process, Jury Trial, Right To Appeal, Rules of Civil Procedure

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The Seven-Year Itch: Fact or Fiction?

“Is there really such a thing as the seven-year itch?” Family law attorneys are asked this question all the time. The catch-phrase is commonly used by psychologists to refer to a declining interest in remaining married after a…more

Divorce, Marriage

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To Litigate or not to Litigate: Practical Considerations for Every Business

It should come as no surprise that business is booming in Silicon Valley, although with the growing number of businesses comes increased potential for conflict and litigation. Know that litigation is serious business. In…more

Attorney's Fees, Business Litigation, Discovery, Litigation Fees & Costs, Mediation

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Resist Responding – Your Words Can Be Used Against You

During a divorce, it is not uncommon for one spouse to antagonize the other in emails or other writings. Your spouse may send correspondence that raises sensitive issues in order to annoy or upset you. They may even…more

Divorce, Evidence

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Communication Tool Box…Tools to Communicate Effectively

If you sit behind a desk, you may wonder why you would need a tool box. You may not even own a tool box! Well, if you have ever done any home improvements, you will have come across certain jobs that forced you to run to the…more

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10 Tips to Score a Perfect “10” with your Corporate Clients

As outside litigation counsel, we are often brought in to represent new clients when they are on the receiving end of a fresh lawsuit. Jumping in to get a handle on the matter is key, but taking time to get to know your client…more

Business Development, Client Services, Outside Counsel, Young Lawyers

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New Amendments To The California Family Rights Act (CFRA) Regulations

The Fair Employment and Housing Council recently adopted significant amendments to the California Family Rights Act (CFRA) regulations, which took effect on July 1, 2015. The CFRA provides family and medical leave to eligible…more

Amended Regulation, California Family Rights Act (CFRA), FMLA, Medical Certification Requests, Medical Leave

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There Can Be Dignity In Divorce

When the divorce is over, how will you feel about the way you navigated the process? Divorce is difficult. While dealing with the unexpected ups and downs of this experience, your feelings will include grief, anger,…more

Divorce

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Shattering Glass Ceilings: The New Fairy Tale

As young girls, we were told one colorful fairy tale after another. Cinderella was the most favored of all. Admittedly, Cinderella provided some valuable life lessons, such as bravery, independence, tenacity, fortitude in the…more

Diversity, Equal Pay, Glass Ceiling

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Taking the Fifth Amendment In No Way Implies Guilt

Always a champion of the First Amendment to the U.S. Constitution, the news media unfortunately often give little weight to another important right: the right against self-incrimination. Recent reporting on a criminal…more

Fifth Amendment, Self-Incrimination

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What I Learned About Lawyering From The Great Gatsby

[Spoiler Alert: Don’t read this if you don’t want to know how Gatsby ends.] Lured by the hype surrounding the new “Great Gatsby” film, I decided to listen to the Gatsby audiobook during my commute, if for no other reason…more

Career Development

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Did You Lose the Job Before You Even Met Your Interviewer? (Tips for a successful interview)

You are ready for your interview. You have done your homework; checked the website and prepared some pertinent questions to ask. However, before stepping into your interview, consider the complex system of verbal and non-verbal…more

Hiring & Firing, Interviews

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The Path to Equality -- Yesterday and Today

The movement toward equal rights for women and minorities has a long and storied history. Organizations that strive for equality for all races, genders, and religions can trace their origins back to a small gathering in upstate…more

Civil Rights Act, Discrimination, Gender Equity, Legal History, Race Discrimination

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Did You Lose the Job Before You Even Met Your Interviewer? (Tips for a successful interview)

You are ready for your interview. You have done your homework; checked the website and prepared some pertinent questions to ask. However, before stepping into your interview, consider the complex system of verbal and non-verbal…more

Hiring & Firing, Interviews

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Worldwide Bound: the Hague Service Convention in International Family Law Cases

As a family lawyer in Silicon Valley, I often work with clients with international issues: enforcing judgments in Europe, dividing property abroad or obtaining custody orders when the parents live on different continents. A…more

Divorce, Hague Convention, International Treaties, Service of Process

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California’s New Fair Pay Act: Practical Recommendations for Employers

As of January 1, 2016, employers need to adapt to California’s new Fair Pay Act (SB 358). Previously, the law prohibited employers from paying lower wages to employees of opposite gender when they performed equal work that…more

Burden of Proof, Employee Handbooks, Employee Training, Fair Pay Act, Gender-Based Pay Discrimination

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The Art of War (of the Roses)

In my first year of practice, a client suggested I read The Art of War by Sun Tzu. This recommendation has turned out to be invaluable in shaping how I approach cases. Although the book is an ancient military treatise, it has…more

Divorce

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Employee Data Security: Perquisite or Prerequisite?

One of the many costs of doing business in this day and age is the threat of a data breach. In the past several years data breach incidents have occurred with increasing frequency. From Target to eBay and Sony to Ashley…more

Cyber Attacks, Cybersecurity, Data Breach, Data Security, Employee Privacy Rights

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What to Expect When You’re Expecting…Bar Results

Twice a year a huge knot forms in my stomach in anticipation of bar results. Even though I am not awaiting my bar results, I am still anxious for the thousands of law students who are. Here are some things to take into account…more

Bar Exam, Law School, Law Students, Young Lawyers

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Taking the Fifth Amendment In No Way Implies Guilt

Always a champion of the First Amendment to the U.S. Constitution, the news media unfortunately often give little weight to another important right: the right against self-incrimination. Recent reporting on a criminal…more

Fifth Amendment, Self-Incrimination

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California’s New Fair Pay Act: Practical Recommendations for Employers

As of January 1, 2016, employers need to adapt to California’s new Fair Pay Act (SB 358). Previously, the law prohibited employers from paying lower wages to employees of opposite gender when they performed equal work that…more

Burden of Proof, Employee Handbooks, Employee Training, Fair Pay Act, Gender-Based Pay Discrimination

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Carbajal v. CWPSC Decision Provides Guidance for Drafting Employment Arbitration Agreements

On February 26, 2016, the California Court of Appeal, Fourth District, issued its decision in Carbajal v. CWPSC, Inc., invalidating an employment arbitration agreement due to a number of provisions the Court considered…more

American Arbitration Association, Arbitration, Arbitration Agreements, Contract of Adhesion, Corporate Counsel

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The Road Less Traveled

Driving through Needles, California, on the way to the Grand Canyon, the Interstate is two fast lanes each direction. The road is smooth and the landscape through the car window passes in a blur. However, you can choose the…more

Legal Assistants, Research Tools, Technology

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Contact

Fairmont Plaza, 10th Floor
50 West San Fernando Street
San Jose, CA 95113, United States

  • 408.279.8700
  • 408.279.3244

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Criminal Law
  • Family Law
  • Labor & Employment Law
  • Litigation
Locations
Other U.S. Locations
  • California
Number of Attorneys

25-50 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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