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THE “DAY OF REST” REQUIREMENT OF LABOR CODE SECTIONS 551 AND 552

By | 2017-05-22T07:42:48+00:00 May 22nd, 2017|Labor & Employment Law, wage and hour law|

Earlier this month, the California Supreme Court issued rulings on three previously-unanswered questions relating to the “Day of Rest” requirement of Labor Code Sections 551 and 552. In Mendoza v. Nordstrom, Inc., decided May 8, 2017, the Court first addressed the meaning of §551 (“[E]very person employed in any occupation of labor is entitled to [...]

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PLANNING FOR YOUR “DIGITAL ESTATE”

By | 2017-05-22T06:17:35+00:00 May 15th, 2017|Estate Planning, Succession Planning, Wills and Trusts|

A few years ago, security software company McAfee, Inc. conducted a study which revealed that, on average, Americans have a “Digital Estate” worth more than $50,000.00.  At the time, these digital assets were at risk of being lost or otherwise inaccessible when the owner died or became incapacitated. On January 1, 2017, California became one [...]

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California Successor Liability

By | 2017-05-04T08:51:57+00:00 May 4th, 2017|Asset Protection, Business Law, Business Litigation, Commercial Law, Commercial Ligitation, Corporate Law|

If you are purchasing an existing business or even the assets of a business in California, it is important to consider to what extent your business will have exposure to successor liability following the purchase. California successor liability laws are significantly broader than those in some states, so being informed and taking steps to mitigate [...]

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CALIFORNIA USURY LAWS: What you should know before lending or borrowing money

By | 2017-05-04T08:14:30+00:00 May 4th, 2017|Business Contracts, Business Law, Contract law, Contracts, Financial, Uncategorized|

Introduction Many business owners and individuals incorrectly believe they can charge any amount of interest to which the parties agree. However, unlike many contract terms, rates of interest charged by non-exempt lenders is limited in California to ten percent (10%) per year, even if the borrower is otherwise willing to pay a higher rate (or [...]

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Does Your Estate Plan Account for Your Incapacity? ​Benefits of a Durable Power of Attorney

By | 2017-05-04T08:28:22+00:00 April 28th, 2017|Estate Planning, living trust, Succession Planning, trust, Wills and Trusts|

A frequently overlooked part of the estate planning process is deciding who will help you manage your financial affairs if you’re ever incapacitated and unable to manage them yourself. In reality, the likelihood of you needing someone to act on your behalf at some point in time is statistically quite high; accidents happen every day. [...]

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BATTLING A TRADEMARK INFRINGEMENT LAWSUIT

By | 2017-04-26T11:47:41+00:00 April 26th, 2017|Civil Litigation, Intellectual Property, Trademark, Uncategorized|

What is trademark infringement? In a nutshell, trademark infringement is the unlawful use of an established trademark or a confusingly similar one with the same or similar goods or services. Depending on the circumstances, a trademark owner who believes its mark is being infringed may file a civil lawsuit in either state or federal court. [...]

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Are Class Action Waivers Enforceable in California?

By | 2017-04-11T07:56:05+00:00 April 11th, 2017|Civil Litigation, Contract law, Labor & Employment Law, Uncategorized|

While there is no doubt California courts have openly expressed hostility toward the enforcement of class action waivers, state court and ninth circuit court decisions finding such waivers unenforceable have been consistently reversed on appeal to the United States Supreme Court, where the waivers are contained in an agreement to arbitrate pursuant to the Federal [...]

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HEARSAY – WHAT IT IS AND WHAT IT ISN’T

By | 2017-04-26T08:37:02+00:00 April 4th, 2017|Business Litigation, Civil Litigation, Commercial Ligitation|

Introduction If you are involved in a legal dispute, are unable to settle it, and find yourself in trial, you and your trial attorney will be required to present your claims (if you are a plaintiff) or your defenses to the other side’s claims (if you are a defendant). How exactly you and your attorney [...]

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Expressing Your Wishes and Mitigating Tensions Through Letters of Intention

By | 2017-03-29T22:51:52+00:00 March 29th, 2017|Estate Planning|

The estate planning process can be an overwhelming experience for clients. After all, we are discussing a pretty unpleasant topic (your ultimate demise), and what will happen when you’re gone. It is an inevitable part of life as we know. In some situations, there is a gap between how I, as an estate planning attorney, [...]

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Look Before You Leap! Don’t Sue for an Uncollectable Judgment

By | 2017-03-19T23:20:47+00:00 March 19th, 2017|Business Law, Business Litigation|

When a client walks in the door and says “I really don’t care about the money, it’s just the ‘principle’ of the matter,” the wise lawyer may reply: “You shouldn’t sue for ‘principle’, unless it’s ‘principal plus interest’”, i.e. money. The meaning of this old pun, of course, is that the only satisfaction likely to [...]

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