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I Agreed to Arbitrate That? Recent Developments in the Application of Arbitration Agreements

I Agreed to Arbitrate That? Recent Developments in the Application of Arbitration Agreements

The California bill, SB33, is extremely broad and would prohibit imposing a waiver of a legal right that arises as a result of fraud, identity theft, and any other act related to the wrongful use of personal identifying information as a condition of entering into a contract for the provision of goods or services.

Mediating Fee Disputes Gracefully

Mediating Fee Disputes Gracefully

Getting into a fee dispute with a client can be a bit like walking through a minefield. Stepping cautiously may maximize your ability to recover fees due and help you avoid a malpractice claim or State Bar complaint.

Civility and the Mediation Process

Civility and the Mediation Process

Practicing civility at the mediation session also produces unmistakable dividends, starting with your credibility with the mediator.

Choosing a Great Mediator

Choosing a Great Mediator

Mediators can get places nobody else can. Good mediators promote open dialogue between the parties. And once people talk candidly about their cases, great things happen.

Elephant in the Room - Attending to Power Differences in Mediation

Elephant in the Room – Attending to Power Differences in Mediation

The issues surrounding reaching an agreement grow in complexity whenever the dispute involves power differences. How would a landlord/tenant mediation be different from one that involves two neighbors?

Update on Mediation Confidentiality

Update on Mediation Confidentiality

Both mediators and participants should understand the possibility that mediation communications and writings may be discoverable in certain situations. Two California court decisions that protected the absolute privilege, despite creating arguably unfair results, have caused much consternation.

A Macro Approach to Large-Scale Construction Defect Matters

A Macro Approach to Large-Scale Construction Defect Matters

Given the relatively high-exposure involved with large-scale construction defect matters, insurers will generally be cautious and hire coverage attorneys to provide critical analyses of their insurance policies against the facts of each case, the identity of their insureds, and the insureds’ scope of work.

Bay Area Cities Implement New Eviction and Rent Control

Bay Area Cities Implement New Eviction and Rent Control Measures

In response to the affordable housing crisis, several cities passed ordinances, and rent and eviction control ballot initiatives became a hot topic for residents in several California cities in the 2016 election.

short-term rentals

The Ruckus over Airbnb: Local Governments Struggle to Control Short-Term Vacation Rentals

In high demand markets, landlords make more money from short-term rentals than from long ones. Plus, tenants can earn income by renting out part of their living spaces. Unfortunately, the same factors that benefit landlords can sometimes harm tenants, neighborhoods or communities.

Caveat Venditor - Expanding Disclosure Obligations of Residential Real Property Vendors

Caveat Venditor – Expanding Disclosure Obligations of Residential Real Property Vendors

California has enacted several new laws and revised existing statutes that impact sellers’ disclosure requirements. These developments affect not only sellers of residences with one to four dwelling units, who must complete a Transfer Disclosure Statement (“TDS”), but also those who are exempt from completing a TDS.

Bartell Practically Expands 1031 Exchange Period to Two Years

Bartell Practically Expands 1031 Exchange Period to Two Years

A recent tax case, Bartell, illustrates how “parking arrangements” may be used to, practically speaking, extend the timeframes in like-kind exchanges.

All in the Family: Leslie Johnson & Inga Miller

All in the Family: Leslie Johnson & Inga Miller

…as I worked with Leslie more and more to learn the ins and outs of title insurance law, I knew I wanted to do what she did – transactional work. There, you are building something for your client – value in their real estate.

California Law Protects the Rights of LGBTQs - What You Can Do to Help Protect the Civil Rights of the LGBTQ Community and Other Victims of Bias

California Law Protects the Rights of LGBTQs – What You Can Do to Help Protect the Civil Rights of the LGBTQ Community and Other Victims of Bias

The Southern Poverty Law Center reports that harassment of LGBTQ individuals has been reported across the country, making up 11% of all reported incidents.

LGBTQ Family Protection After the 2016 Presidential Election

LGBTQ Family Protection After the 2016 Presidential Election

There are many changes and challenges ahead as we navigate the new realities under the incoming presidential administration. It is important to know and understand the legal protections that are available to the LGBT client community…

The Evolution of Parentage Law and Recognition of LGBTQ Families and the Impact on Children in Dependency Proceedings: A View from the Bench

The Evolution of Parentage Law and Recognition of LGBTQ Families and the Impact on Children in Dependency Proceedings: A View from the Bench

For unwed same-sex couples with children, the failure to seek determination of legal parentage can lead to unanticipated consequences for these families. Not only do these parents face possible loss of custody and visitation rights but the child may suffer long-term emotional harm…