August 2015

31 Aug When Good Trustees Make Mistakes, Courts Can Excuse Liability

Posted at 22:17h in Probate, Trusts & Estates by Mark Flory

Typically a trustee is liable to the beneficiaries when he or she commits a breach of trust harming the trust or its beneficiaries. California Probate Code §16440(a) provides that a trustee is chargeable for a breach of trust that results in a loss in value...

27 Aug The Barry Bonds Prosecution: Keep Your Mouth Shut, Because You’re Not Going to Talk Your Way Out of It

Posted at 22:18h in Criminal Defense by Caleb Mason

For those still on the fence about Barry Bonds and Roger Clemens, I should lay my cards on the table now, and say that I’d vote them both into the Hall of Fame without a moment’s hesitation. If you play or love the game, and...

26 Aug Using Powers of Attorney To Prevent Elder Abuse

Posted at 22:19h in Probate, Trusts & Estates by Jack Osborn

Preventing elder abuse can begin with prudent estate planning while the elder is competent. More than twenty percent of seniors nationwide have fallen victim to financial abuse, according to the National Center on Elder Abuse Bureau of Justice Statistics. Sadly, family members are the perpetrators in...

25 Aug California Supreme Court Delivers Bombshell: Opening Unambiguous Wills to Extrinsic Attack

Posted at 22:26h in Probate, Trusts & Estates by Mark McGuire

In a radical departure from both case law and common law, in July 2015 the California Supreme Court ruled that extrinsic evidence is admissible to reform an unambiguous will. Estate of Duke, — Cal. 3d –, 190 Cal.Rptr.3d 295 (July 27, 2015). But if a will is...

24 Aug Obergefell’s Impact on Immigration Proceedings

Posted at 22:27h in Immigration by Victor Herrera

In June 2015 in Obergefell v Hodges, the Supreme Court held that states cannot deny marriage licenses to same-sex couples. Applicants for immigration status in the United States are now asking what impact Obergefell will have on matters like spousal petitions, asylum applications, refugee status, or relief from...

18 Aug Always Document Immunity Agreements: It Protects All Parties

Posted at 22:28h in Criminal Defense by Tom Brown

David Mark worked at a real state and investment company and suspected the company’s involvement in a large-scale mortgage fraud scheme. He and his girlfriend voluntarily reached out to the FBI. After FBI agents and an AUSA interviewed, Mark understandably expressed concern of prosecution. The...

18 Aug Don’t Make It Worse: Responding to Online Defamation Without Triggering The Streisand Effect

Posted at 22:27h in Litigation by Ken White

Lawyers are supposed to make their clients’ lives better, not worse. But we can make things worse, much worse, when we rush into a realm we don’t understand. This is particularly a problem when a client comes to us enraged about something written about them on the internet. Most lawyers...

17 Aug Challenging the Reliability of Drug-Dog Alerts After Florida v. Harris?

Posted at 22:30h in Criminal Defense by Caleb Mason

Have you ever watched a trained detection dog at work? It’s an impressive sight. As we all know, the canine nose is one of the most sensitive chemical detectors the world has ever seen, and dogs can be trained to deploy it to sniff out...

17 Aug Will The Appointments Clause Thwart The SEC’s Administrative Enforcement Actions?

Posted at 22:29h in Securities Litigation & Regulation by Ron Wood

Thanks to two recent rulings, an unlucky recipient of a Securities and Exchange Commission (“SEC”) Wells notice has a second ray of hope. If the SEC approves an enforcement action in its administrative forum — an increasingly popular choice by the Enforcement Division — a...