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Are Emotional Distress Damages in FEHA Settlements Taxable?

In California FEHA settlements, plaintiffs often recover damages for both emotional distress and lost wages—but how are those payments taxed? Employers often compel an allocation in damages between wages (economic loss) and...more

Do Arbitrators Have the Power to Order Third Party Discovery in California Arbitrations

Let’s begin by defining what a “third-party subpoena” is. A third-party subpoena is any subpoena issued in the course of a proceeding to someone who is not a plaintiff, defendant or intervenor in the lawsuit, or, in the...more

Dealing With Workplace Conflict

The workplace can be a source of tremendous collaboration, collegiality and productivity. It can also be home to conflict and mistreatment by fellow employees and employers. Workplace discrimination is just one example of the...more

A Mediator’s Guide to Claims Reserves in the Insurance Industry

Mediators may encounter a reluctance to settle by one or both parties during the course of a mediation session, but understanding the underlying realities of each party’s position may help break logjams. All stakeholders must...more

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