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Articles

Articles

I write about recent legal developments of interest to business clients and other attorneys. If you have an idea for article, please let me know.
Mar
14
Waiver Evermore

Waiver Evermore

Can an antiwaiver provision itself be waived? In Gould v. Corinthian Colls., Inc. (2011) 192 Cal.App.4th 1176, the
1 min read
Mar
14
Impeachment evidence – use or lose it?

Impeachment evidence – use or lose it?

What should you do with smoking gun impeachment evidence: use it during deposition or save it for trial? In his
1 min read
Dec
11
Is a Breach of Fiduciary Duty Action Triable by Jury? Gist depends.

Is a Breach of Fiduciary Duty Action Triable by Jury? Gist depends.

The California constitution guarantees the right to a jury trial for litigants in civil proceedings. But it is limited to
4 min read
Sep
15
Attorney-Client Privilege: Assert it or Lose It

Attorney-Client Privilege: Assert it or Lose It

Today, privileged documents (ranging from emails to client memoranda to retainer agreements) are inadvertently produced to opposing counsel during the
3 min read
Aug
07
CA Supreme Court Authorizes Use of Penal Code Section 496(c) in Business Tort Cases

CA Supreme Court Authorizes Use of Penal Code Section 496(c) in Business Tort Cases

Penal Code section 496(a) makes it illegal to receive any property stolen or obtained in any manner constituting theft,
2 min read
Jul
07
California Employers May Compel Arbitration of Employees’ PAGA Claims

California Employers May Compel Arbitration of Employees’ PAGA Claims

On June 15, 2022, the U.S. Supreme Court held in Viking River Cruises, Inc. v. Moriana that an employer
2 min read
May
02
An Unwanted Birthday Party Costs an Employer $450,000

An Unwanted Birthday Party Costs an Employer $450,000

In 2019, Gravity Diagnostics employee Kevin Berling asked his office manager not to have a birthday party because he had
1 min read
Mar
31
Federal Judges Found to Have Decided Cases When They Had Financial Conflicts of Interest

Federal Judges Found to Have Decided Cases When They Had Financial Conflicts of Interest

An investigation by the Wall Street Journal found that 131 federal judges presided over 950 cases between 2010 and 2019,
2 min read
Mar
02
Courts Disagree Over Marital Testimonial Privilege Waivers

Courts Disagree Over Marital Testimonial Privilege Waivers

A married person has the right not to testify against that person’s spouse (Evidence Code § 971) and not to
1 min read
Jan
16
When May Shareholders be Liable for Corporate Debts?

When May Shareholders be Liable for Corporate Debts?

The alter ego doctrine permits creditors and plaintiffs to pierce corporate veils, making shareholders personally liable for corporate debts.  The
2 min read