Blog

27 Apr Guidelines for Guardianship and Conservatorship Visitation during COVID-19

Posted at 16:33h in Uncategorized by Jack Osborn

Even before the COVID-19 pandemic, many California families did not understand the rules governing visiting children under probate guardianships and senior citizens under probate conservatorships. The pandemic and its stay-at-home orders, social distancing rules, and impact on the state have made visitation even more challenging, and it is now even more...

09 Apr California Enacts Emergency Pretrial Release Without Bail For Nonviolent Offenders

Posted at 20:07h in Uncategorized by Ken White

California continues to lead the nation in enacting effective measures to slow the spread of the COVID-19 pandemic. This week, California authorities enacted sweeping emergency rules designed to release nonviolent offenders from pretrial detention without bail, reducing the risk and scale of jail outbreaks. Under normal circumstances, California’s criminal courts set bail...

09 Apr California is Issuing More Orders for California Employers to Watch

Posted at 00:26h in Employment by A.J. Beechko

This week CNN reported on “What California is doing right in response to the coronavirus pandemic.” The article points to numerous factors: the early actions of Governor Newsom and Los Angeles Mayor Eric Garcetti in securing equipment such as masks and ventilators; the elimination of...

06 Apr Now is the Time to Update Your Powers of Attorney for Health Care and for Financial Affairs

Posted at 17:36h in Probate, Trusts & Estates by Jack Osborn

Most of us procrastinate thinking about estate planning. Something else always seems more urgent. But now we are under an order by the governor to shelter-in-place during the COVID-19 pandemic. Suddenly we have plenty of time to think about becoming gravely ill, and about who will make financial and...

03 Apr What if the Coronavirus (COVID-19) Causes Breach of a Contract? Consider Force Majeure, Frustration of Purpose, and Managing Your Legal Risk and Liability

Posted at 16:02h in Contracts, Litigation by Elizabeth Quach

The novel coronavirus (COVID-19) has rapidly evolved into a national crisis, and the country’s economy is scrambling to keep up. As more states ramp up restrictions to counter the looming threat, numerous industries face uncertainties and disruptions. Emerging issues include disruption of supply chains, reduced...

03 Apr All I Want To Do Is Zoom-a-Zoom-Zoom-Zoom, Carefully: Confidentiality and Privilege Traps for Attorneys.

Posted at 15:55h in Law Practice by Dalmacio Posadas

In the last two weeks, Zoom has abruptly rescued many of us from social isolation by providing a relatively easy to use web-based video platform that facilitates digital face-to-face interaction.[1] Zoom’s daily active users has skyrocketed by 67% since January 1, 2020, in direct correlation to the spread of...

27 Mar Continuity of Government During the COVID-19 Pandemic

Posted at 19:12h in Criminal Defense, Litigation by Ken White

Brown White & Osborn LLP partner Ken White was a guest on the National Constitution Center's podcast "We The People," which addressed continuity of government during the pandemic and how various branches of government are adjusting to social distancing. The podcast is here. ...

26 Mar Changes to Federal Family Medical Leave and Paid Sick Leave in the Wake of COVID-19

Posted at 23:54h in Employment by Brown White & Osborn LLP

Most employers are familiar with the Family and Medical Leave Act (the “FMLA”), 29 U.S.C. § 2601, et seq.. Pursuant to FMLA, an eligible employee is entitled to take unpaid leave for up to 12 weeks for specified family and medical reasons without fear of...

24 Mar Force Majeure And Entertainment Work In The Time of Coronavirus

Posted at 17:55h in Employment, Litigation by Dalmacio Posadas

A performance contract is a written agreement—entered into between a performer like Billie Eilish or Donald Glover and a production company or event presenter like Live Nation or AEG—for a performance to take place at a public or private venue. Like most contracts, performance contracts contain material terms like...

01 Mar Mediation Confidentiality Rules Amended

Posted at 16:42h in Mediation by Jean-Paul Menard

As most lawyers know, mediation proceedings are confidential, and California statutes govern their confidentiality. (See Cal. Evid. Code, §§ 703.5, 1115-1128.) Some lawyers, however, may not be aware of recent amendments to those confidentiality rules imposing obligations upon lawyers before the client agrees to participate...