Search Results for 'appellate'

The High Price of BYOD: Managing Legal Risk for Employers

The High Price of BYOD: Managing Legal Risk for Employers

Bringing your own device (BYOD) has been the single most radical shift for employers since computers invaded the workplace, but it comes with a costly new price tag for California employers.

Is Your Worker an Employee or an Independent Contractor?

Is Your Worker an Employee or an Independent Contractor?

An employer is not immune from liability for misclassification simply because the worker signed a written contract agreeing to be treated as an independent contractor.

An Overview of Employment Arbitration Agreements

An Overview of Employment Arbitration Agreements

Employment attorneys need to be familiar with the pros and cons of arbitration, its requirements and limitations, as well as the legal theories to invalidate such agreements.

Privacy vs. Public Access in Civil Cases

Privacy vs. Public Access in Civil Cases

Public access to court records is not an absolute good; it should be favored only to the extent that the privacy interests of litigants are offered appropriate protection.

Privacy Protections in the Juvenile Court

Privacy Protections in the Juvenile Court

Any right that the general public may have to access confidential juvenile proceedings and records must take into account the need to protect the privacy rights of the child.

Ethics and Capacity

Ethics and Capacity

MCLE SELF-STUDY: What should a lawyer do when the client does not want to follow advice or when the client is mentally impaired? These issues are among the most difficult lawyers ever have to face.

On Lamps, Lifeboats and Ladders

On Lamps, Lifeboats and Ladders

In 2015, locating a female attorney is no longer a “Where’s Waldo?” experience. Regardless of gender, the CCCBA and its sections provide members the opportunity to support one another and grow professionally in the practice of law.

Ladies, You’re Invited to Calendar it, Show up and Go!

Ladies, You’re Invited to Calendar it, Show up and Go!

Half the battle is calendaring and attending the event. To make the most of this inherently relationship based experience, showing up mentally is fundamental and takes practice.

Meet Your New Board Members

Meet Your New Board Members

Please welcome Ericka Ackeret, Wendy McGuire Coats, David Marchiano and Laura Ramsey to the CCCBA Board of Directors.

Meet Your 2015 Section Leaders

Meet Your 2015 Section Leaders

Meet the chairs of our sections and find out why you should join…

Tips of the Trade: Transform the Readability of Your Legal Documents

Tips of the Trade: Transform the Readability of Your Legal Documents

Simple stylistic choices can reduce the reader’s annoyance and enhance the persuasive force of a legal brief.

Probate Perspective - 2014 Year in Review

Probate Perspective – 2014 Year in Review

The new local rules, taking effect January 1, 2015, are substantially revised and entirely reformatted, and will more closely follow the structure of the California Rules of Court.

California’s “Right to Repair Act” Is Not the Exclusive Remedy for Homeowners

California’s “Right to Repair Act” Is Not the Exclusive Remedy for Homeowners

The fairly recent decision in Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC examined the act and its legislative history and, somewhat surprisingly, narrowly construed SB 800.

Admissibility of a Plaintiff’s Immigration Status in California Employment and Personal Injury Cases

Admissibility of a Plaintiff’s Immigration Status in California Employment and Personal Injury Cases

Undocumented workers may be more incentivized now to seek redress for wrongful employment practices, notwithstanding their immigration status.

Out to Sea Without An Anchor? Analyzing Emotional Distress Damages Without Corresponding Economic Damages

Out to Sea Without An Anchor? Analyzing Emotional Distress Damages Without Corresponding Economic Damages

By all accounts, emotional distress is legally and physically tangible. When it legally exists, the challenge is evaluating how much an employer should pay for it.

Attorney Participation in Breach of Trust

Attorney Participation in Breach of Trust

The Court of Appeal held that the active concealment, misrepresentation to the court, and self-dealing for personal financial gain by an attorney amount to participation in breach of trust.

Inside Guest Editor’s Column: April 2014

Inside Guest Editor’s Column: April 2014

This issue, traditionally covering only family law, was expanded to encompass other areas of law that overlap with family law.

How To: Writs of Attachment in Financial Elder Abuse Litigation

How To: Writs of Attachment in Financial Elder Abuse Litigation

This article provides a step-by-step explanation of how to obtain and implement a writ of attachment in a financial elder abuse case.

The Burwell Burden – New Criteria for Valuing Term Life Insurance

The Burwell Burden – New Criteria for Valuing Term Life Insurance

R. Ann Fallon interviews Matt Taddei, a Life Insurance Expert, regarding the controversial recent Appellate Court decision, In re Marriage of Burwell.

Forging into Unchartered Territory with the Law on Abuse of Dependent Adults

Forging into Unchartered Territory with the Law on Abuse of Dependent Adults

Practitioners should keep a watchful eye on the evolution of the case law on the definition of “dependent adult” under the EADACPA and Penal Code.