Blog

15 Sep Planning for the Death or Incapacity of a Psychotherapist: Limiting Exposure to the Decedent’s Estate

Posted at 22:09h in Probate, Trusts & Estates by Jack Osborn

Psychotherapists have a legal and ethical duty to plan for their incompetence or death. Lack of proper planning can easily lead to a negligence claim against the estate. Imagine the following scenario: David’s mother, Marian, was a licensed family therapist with an active practice who died suddenly...

14 Sep Solitary Confinement Reform and the Value of Pro Bono Representation

Posted at 22:10h in Criminal Defense by Caleb Mason

The California Department of Corrections, in a settlement of a long-running lawsuit brought by prisoners, has agreed to reduce dramatically the number of inmates held in solitary confinement. This is a reform that prisoners, academics, mental health professionals and religious activists have been seeking for decades, and it...

11 Sep A Litigator’s Lament in Probate: Why Am I Being Treated So Unfairly By A Court of Equity?

Posted at 22:11h in Litigation, Probate, Trusts & Estates by John Short

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...

10 Sep How Netflix’s Generous Parental Leave Policy Supports Federal and California Law

Posted at 22:12h in Litigation by Karineh Tarbinian

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...

09 Sep When Must A Conservatee Demand a Jury Trial Under California’s Probate Code and Code of Civil Procedure?

Posted at 22:12h in Probate, Trusts & Estates by Mark McGuire

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...

03 Sep SEC’s Foreign Corrupt Practices Act Action Against BNYM Shows Importance of Adhering To Established Standards

Posted at 22:13h in Securities Litigation & Regulation by Ron Wood

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...

02 Sep Independent Contractor v. Employee: How Uber Shows the Risk of Misclassification

Posted at 22:15h in Litigation by Laura Payne

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...

02 Sep Brown White & Osborn LLP Secures Free Speech Win For Client

Posted at 22:14h in Litigation by Ken White

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...

01 Sep Cease and Desist Letters As A Branding Opportunity

Posted at 22:16h in Litigation by Ken White

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...

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...