We have been examining the role attorney-client privileged information played in Sanford Wadler’s trial victory over his former employer, Bio-Rad. Bio-Rad engaged in actions the court concluded were express waivers of attorney-client privilege under federal law, allowing Wadler to use…
Small Firm, Big Leaves – A Planning Guide
An attorney taking an extended leave of absence or sabbatical can be difficult for any law firm to manage, and particular challenges arise for small firms where there may only be a few—or even no—other attorneys to cover the caseload…
10 Red Flags of Potentially Difficult Clients
Paralegals and other non-attorney professionals are often tasked with the initial potential client intake interview. The first consideration is to determine if there is any conflict of interest in communicating with the potential client. All legal practices should have a…
Compensation From One Other Than Your Client, The Bank of Mom and Dad and Others, Beware
The California Rules of Professional Conduct (CRPC) generally prohibit representation of adverse interests without a conflict waiver. Subparagraph (F) of CRPC 3-310 imposes disclosure and consent requirements when attorneys are compensated by someone other than the attorney’s client. (For California…
Summer of IP Event Features Summer Associates Presenting on Unfolding Issues
In June, BASF’s Intellectual Property Section hosted the first Summer of IP, featuring summer associates speaking on unfolding intellectual property issues. Each summer associate developed their presentation with an experienced attorney and presented their findings to a packed house at…
Former BASF President, a Business Trial Lawyer and a Psychology Expert Join BASF Mediation Services
Elizabeth Bader, Bader Conflict Resolution Services Elizabeth Bader’s mediation practice has included the successful resolution of a wide variety of cases, including complex, multi-party, tort-related litigation. Her unique approach to mediation is based on her view that psychological issues, particularly…
Risk Management Tip: Waivers of Attorney-Client Privilege Cannot be Undone
Last month, this column examined Sanford Walder’s trial victory over his former employer, Bio-Rad. The district court allowed Wadler to offensively employ material Bio-Rad claimed was protected by attorney-client privilege. Federal Rule of Civil Procedure 502, premised on Model Rule…
Section Builds Community through Educational and Leadership Opportunities
Sebastian Kaplan of Fenwick & West accepted the position of 2017 Chair of The Bar Association of San Francisco’s Intellectual Property (IP) Section Melody Drummond Hansen, of O’Melveny & Myers, is serving as the section vicechair. The IP Section has…
Read That (Privileged) Email – and Weep!
Have you ever hit “send” on a sensitive email before realizing that your handy, autofill tool inserted the address of the wrong recipient? Or been the unintended recipient of such misdirected emails? What to do? Thankfully, the misguided email usually…
Is Your Estate Plan Unconstitutional?
Michael Bensal, through his investment LLC, obtained a bank loan guaranteed by the U.S. Small Business Administration to open a fast food business. Bensal personally guaranteed repayment. The business failed and Bensal’s LLC defaulted on the loan. The bank sued…
Solo and Small Firm Section: Networking, Referrals and Beyond
BASF’s Solo and Small Firm Section boasts extremely active involvement from its members. Monthly happy hours, brown bag lunch meetings as well as an active solo and small firm listserv are just a few of the perks of belonging to…
Show Me… Divorce-Related Lawsuits: Steve Harvey’s Family Feud
Steve Harvey is no stranger to bad press. Harvey famously named the wrong winner when hosting the Miss Universe pageant, got into hot water for comments about the attractiveness of Asian men, and had a very public, contentious divorce from…