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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Reboot and Rediscover Your Passion for the Law

After thirteen memorable years as a trial lawyer at McManis Faulkner, I decided to take some time off and do other things in life. I left my practice in the midst of an all time high in my career – a unanimous verdict in the…more

Business Development, Professional Development, Trial Attorneys, Young Lawyers

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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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Still At The Starting Line With Your Social Media Efforts?

Can you imagine your firm without a website? What if your bio were not listed on the internet? Well, there was a time when law firms questioned whether they needed a website. And a marketing team was not even part of the…more

Facebook, LinkedIn, Marketing, Professional Networking, Social Media

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Violence In The Workplace: Is Your Business At Risk?

A large portion of my practice is concentrated in the area of workplace violence prevention. When I mention this at bar events and cocktail parties, it must conjure up images of mass shootings and SWAT teams. However,…more

Hostile Environment, OSHA, Risk Assessment, Workplace Safety, Workplace Violence

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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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Fight, Flee, or Freeze: What’s Your Leadership Response Style?

Fear of the unknown, conflict, failure and change are all commonly experienced as the emotion of anxiety. In a professional setting, these emotions may translate into avoidance behaviors or defense mechanisms that may cloud…more

Client Services, Conflict Resolution, Corporate Executives, Corporate Governance, Crisis Management

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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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Lessons Every Law Firm Can Learn From the Golden State Warriors

I recently attended a Warriors basketball game. The star, Steph Curry, scores in mind-bending ways. Natural ability, hard work, and dedication to the game make him great– but what allows him to be unbelievably great? His team;…more

Law Practice Management, Legal Assistants, Mentors, Paralegal, Young Lawyers

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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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California Can No Longer Ignore Federal Classification Rules

The U.S. Department of Labor recently announced its highly anticipated federal overtime rule under the Fair Labor Standards Act (FLSA). The new rule updates the minimum salary requirement for employees to be considered exempt…more

Classification, DOL, Exempt-Employees, Federal v State Law Application, FLSA

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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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