Blog

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...

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...