By Eric Ganci
It’s interesting how your brain locks on to certain things. Certain statements or events, that even though you experienced them early on, they will define your career both personally and professionally.
If you rent your home in California you are protected by tenants’ rights and laws. Here is some basic information that every tenant and landlord should know:
By Edward McIntyre
Macbeth sipped his Oban single malt, celebrating an appellate victory with Duncan and Sarah at Brennan’s Tavern. Fred Fox pulled an empty chair to their table — uninvited.
By Jeremy Evans
Everybody loves a comeback story. What is even better for attorneys? Redemption and the law. Why? Because it hits close to home. It reminds us that we are all human. Meant to learn. Meant to grow from our mistakes. When we talk about redemption, we are really talking about a second chance.
By Timothy Casey
Recent technological advances in artificial intelligence present new problems for society, and, in turn, for lawyers. Generally speaking, artificial intelligence describes the capacity of machines to perform the same complex cognitive functions as humans.
By James Crosby
A smart, well-prepared, experienced opposing expert can be a challenge for even the most-seasoned trial attorney. The expert will go toe-to-toe with the cross-examining attorney and will not be rattled by a tough cross as may a percipient witness or a party. And an experienced, prepared expert will not fall for well-worn cross-examination tricks that some lesser experts might bite on.
If you live in San Diego, you may have noticed electric scooters scooting down or parked on sidewalks around the city. Attorney and DUI expert Eric Ganci recently addressed whether or not you can be charged with a DUI when riding one of these “e-scooters.” Note, the following only applies in California; laws may differ in other states.
By David Majchrzak
California lawyers have a seemingly simple charge when it comes to billing. Rule of Professional Conduct 4-200 precludes them from agreeing to, charging, or collecting an illegal or unconscionable fee. Yet, the conscionability of a fee is not always easy to determine. Despite that, there are myriad reasons to examine where that line is. Examining that rationale, in turn, leads to practices that lawyers may implement to produce and maintain good records.
By Bob Copeland
RULLCA and the Delaware Limited Liability Company Act and case law make it clear that LLCs are contractual relationships and the LLC acts provide great flexibility for parties in tailoring their relationship. Drafters of LLC operating agreements should certainly discuss the need for and possible terms of a mechanism for resolving disputes among the members with clients and the possible consequences if disagreement over continuing the business of an LLC arises and the parties are deadlocked and are left to the default provisions of the applicable LLC Act, including a possible involuntary dissolution proceeding overseen by a court. (And the courts, when asked to intervene, do so enthusiastically.)
By William Marshall
Contract drafting and review are central activities of a transactional attorney. However, rarely if ever does an attorney draft from scratch or have license to make unlimited changes during a review. Instead, the attorney starts with something on the page of varied quality and labors under time pressure to make it express the parties’ intent while nudging it this way and that in the negotiation process.
