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

Bitcoins, Financial Regulatory Reform, Silk Road, Virtual Currency

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High Asset Divorces: Several Lessons

I’m a divorce lawyer. Upon hearing this, most people offer condolences. In response, what I tell them is I offer people compassion as they experience one of the most devastating events that may befall a family. It doesn’t matter…more

Divorce, Marital Assets

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Legal Ethics For New Lawyers: What They Did and Didn’t Teach You In Law School

What do you do when the client lies on the stand? May you represent the sister of your former client in a suit against that client? Law students address these questions during law school. It has been our experience…more

Legal Ethics, Young Lawyers

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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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More Than Surviving A Divorce With Children: The Benefits of Co-Parent Counseling

Co-parent counseling: counseling focused on assisting parents in the process of sharing responsibility for raising children in an environment that promotes healing, cooperation and growth. As a family law attorney, I help…more

Divorce, Parenting Plans

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From Timeouts To Tantrums – What Two Rounds Of The Terrible Twos Taught Me As A Trial Lawyer

Reflecting on skills learned through parenting children through the “Terrible Twos,” I realized the skills I have acquired in dealing with a difficult two-year old often come in handy when dealing with troublesome opposing…more

Litigation Strategies, Trial Practice Guidance, Young Lawyers

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Caitlyn Jenner's Gift to Employment Law

Employers can learn a lot from Caitlyn Jenner. The ink on the Caitlyn Jenner cover of Vanity Fair magazine was not dry but social media was all atwitter over the transformation of Bruce to Caitlyn. The reactions to Ms…more

Caitlyn Jenner, Employee Restrooms, Employer Liability Issues, FEHA, Gender Discrimination

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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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Always Review Opposing Expert’s File - A Golden Opportunity

An expert deposition may be the last place one would expect to have an “Ah-ha!” moment, but it can happen. Some lawyers are intimidated when deposing an expert. One might assume, “Experts are skilled testifiers—they never slip…more

Depositions, Discovery, Due Diligence, Expert Testimony

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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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Hallowe’en Costume Issues? Try Being Justice Every Day

Hallowe’en is here! Time for jack o’ lanterns, apple cider and the annual costume day at the office. Time to pull out your favorite costume: Justice! Artwork courtesty of Giovanni Benedetti Best costume…more

Holidays

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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, Racial Discrimination

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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 By Publication, Service of Process

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The Changing Face of Employment Arbitration Agreements in California

Arbitration. A simple word, but one that, in the context of employment agreements, was typically a “dirty” word in the eyes of California courts. Indeed, for many years, state courts could be seen as openly hostile to…more

Arbitration, AT&T Mobility v Concepcion, Employer Liability Issues, Employment Contract, Federal Arbitration Act

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Family Lawyer Reveals: Divorce Is Much More Than The Division Of Assets

When I tell people that I practice family law, I’m prepared for their response. It is typically a grimace followed by a comment like, “I could never do that.” “Divorce attorneys,” are viewed by some as the bottom of…more

Divorce

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Discovery in International Litigation: Data Privacy and Best Practices for Global Organizations

In an increasingly global economy, it is only natural to see a rise in complex and high-stakes international lawsuits. As a result, cross-border discovery issues are now commonplace, a staple of international litigation. …more

Consent, Cross-Border, Data Collection, Data Security, Discovery

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Is TMZ Worse Than The NSA?

Donald Sterling’s private telephone conversation. George Clooney’s engagement party. Jay-Z and Solangé’s elevator scuffle. Is TMZ invading privacy rights more than the NSA? The California Constitution, Article 1,…more

Data Collection, Invasion of Privacy, NSA, Right to Privacy

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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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New Employment Laws Affecting California Businesses in 2015

The California Legislature recently enacted a number of new employment laws that will take effect in 2015 that will impact businesses in California. With the New Year quickly approaching, employers should review their handbooks…more

Discrimination, Employer Liability Issues, FEHA, Harassment, Immigrants

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Stilettos In The Courtroom

As a young lawyer, I was mistaken for the court reporter more than once when I walked into the courtroom. But in the past few years, I have happily found myself in depositions and other court proceedings where all of the legal…more

Diversity, Trial Attorneys

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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

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