As a full-time mediator of litigated matters, I often hear one, or both, of the parties proclaim, “It’s not about the money, it’s about the principle of the matter!” Sometimes that’s true; the dispute may have been brought in search…
Competing for Talent in 2017
The world of work is changing. Sweeping global forces and technological advancements continue to reshape how companies do business. With California unemployment hovering near record lows, job seekers – especially those in the legal field – can be more selective…
The Attorney-Client Privilege in Workplace Investigations
Attorneys are often called upon by employers to facilitate investigations of workplace misconduct. One reason this is done is so the findings and conclusion of the investigation may receive the protection of the attorney-client privilege. However, under California law the…
Anti-SLAPP: A Powerful Tool Against Third Party Claims
An unintended consequence of California’s Anti-Strategic Lawsuit Against Public Participation statute (Anti-SLAPP), C.C.P. § 425.16, is the protection afforded attorneys against claims by non-clients. Enacted in 1992, it was designed to protect free-speech activities against retaliatory lawsuits, but it also…
Paralegals Must Take More Ethics MCLEs Than Attorneys, But Why?
The State Bar of California requires attorneys to complete 25 total hours of MCLEs per three-year reporting period, four hours of which must be in legal ethics (Cal. Bar Rule 2.72.). California paralegals are also required to complete four hours…
Jolie Seeks to Break the Rules of Fight Club: Making Private Agreements Public
The “Brangelina” divorce is making headlines again on the heels of Angelina Jolie filing the parties’ temporary custody stipulation with the court, thereby making their agreement open to the public. The stipulation shows that Brad Pitt has weekly visitation with…
ADR Neutral with Labor Relations Expertise Joins BASF Mediation Services Panel
The newest addition to BASF’s Mediation panel, Susan Joan Davidson, has 40 years’ experience as a successful, respected ADR neutral. After earning an LLM in labor relations with an emphasis on dispute resolution, she worked in Governor Brown’s administration in…
Estate Planning Corner: Designate Retirement Account Beneficiaries to Protect Your Legacy
No one wants to pay more taxes than they owe, but your estate can wind up shelling out extra if you don’t clearly designate your retirement account beneficiaries. This mistake recently cost the estate of John DiMarco a huge chunk…
Lessons from the Launch: What I Learned from Starting a Law Firm
Last April, I took a professional leap of faith and launched a new civil litigation boutique. In a few short months, it has already proved to be the most personally rewarding decision of my career. To claim “success” is premature…
Risk Management Tip: Break Up With Your Clients
Constant business development pressure can lead to behavior at odds with prudent risk management. Many attorneys are reluctant to cut the cord on existing client relationships, even when substantive services are no longer needed. To encourage clients to think of…
Administering Special Needs Trusts
Many families seek to protect the resources of a loved one with special needs through the creation of a Special Needs Trust (SNT). A properly drafted SNT allows the beneficiary to avoid wealth depletion through access to free and low…
Taking the Easy Road Could Get Your Expert Disqualified
To save time and money, experts are often provided mediation briefs to be used as predicates for their testimony. Such briefs are typically the most comprehensive summaries of the case. However, taking this short cut could get your expert…