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.
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.
There are two recently decided cases that affect Contra Costa practitioners no matter what area of law they practice in, addressing the question of whether a party waives the attorney–client privilege forever by voluntarily disclosing privileged documents to the federal government.
Your client of many years, a successful second-generation winery owner, just confided that she has had bank accounts in France in her name for decades. Her now-deceased parents opened the accounts for her when they inherited from the Loire-based side of the family. She discovered the accounts when she turned 25, and she has allowed […]