Imagine it: you’ve been practicing law for more than 15 years. You’ve completed a successful stint in the District Attorney’s office where you compiled an impressive 87% success rate at trial. You went to a big, downtown firm where you won 10 of 13 jury...
A few weeks ago, Netflix announced its generous new paid parental leave policy, and Microsoft, Adobe Systems, Goldman Sachs, Nestlé and other industry leaders followed suit. Expanding paternity or maternity leave benefits attract employees with the promise of better work-life balance, and moves like this...
California law treats probate conservatorship cases as quasi-criminal because the appointment of a conservator has a profound impact on the liberty interests of the proposed conservatee. California Probate Code §1827 therefore grants a proposed conservatee the right to a trial by jury regarding appointment of...
The SEC’s recent enforcement action against BNY Mellon (“BNYM”) for violation of the Foreign Corrupt Practices Act (“FCPA”) may represent a series of “firsts” in the FCPA arena. But in a broader sense it is just the latest example of the industry failures to adhere to declared...
Worker classification — that is, categorizing workers as independent contractors or employees — has become a contentious issue affecting more and more companies in the burgeoning “1099 economy.” Uber is the leading example of a company that has based its business model on classifying its...
For the past three years we’ve represented Los Angeles County Deputy District Attorney Patrick Frey, who writes a political blog under the name “Patterico.” Mr. Frey was the target of a federal lawsuit accusing him of defamation and violation of rights under color of law...
In my last post I discussed how an attorney ignorant of internet culture can harm a client’s reputation through a well intentioned but imprudent cease-and-desist letter. To balance that warning, there’s good news: a savvy attorney can use a cease-and-desist letter to help a client’s brand. People...
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...
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...
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...