Advisory Publications
As Summer Approaches, Is Your Business Contemplating Interns?
Employment Law Advisory for 5/16/2013 Full Story
Consultants On Home Improvement Projects May Now Need A Contractor’s License
Real Estate Advisory for 5/15/13 Full Story
Recent Court Decision Highlights Risks in Piece Rate Compensation Plans
Employment Law Advisory for 5/8/2013 Full Story
NLRB Division of Advice Issues Guidance on When Employer May Demand Confidentiality in an Investigation
Employment Law Advisory for 5/1/2013 Full Story
What Does the “Suitable Seating” Requirement Mean for Your Workplace?
Employment Law Advisory for 4/17/2013 Full Story
New Commercial Property Disclosure Requirements
Real Estate Advisory for 4/15/13 Full Story
New Form I-9 issued by USCIS, must be used starting May 7th
Employment Law Advisory for 4/11/2013 Full Story
Pregnant Employees May Be Entitled To More Than The Four Month Leave Permitted By The California Pregnancy Disability Leave Law
Employment Law Advisory for 4/2/2013 Full Story
New California Supreme Court Case Opens Door to Attacks on Contracts
Real Estate Advisory for 3/18/13 Full Story
"Measure Twice" – Part 2: Decisions During Employment
Employment Law Advisory for 2/27/2013 Full Story
CEQA Update: Some Good News For Developers
Real Estate Advisory for 2/14/13 Full Story
Inside Sales Exemption Poorly Understood by Many Employers
Employment Law Advisory for 2/1/2013 Full Story
Employers Must Be Vigilant About Protecting Attorney-Client Privilege
Employment Law Advisory for 2/1/2013 Full Story
Disgruntled Borrowers More Likely to Sue Lenders for Fraud as a Result of Recent California Supreme Court Decision
Creditors' Rights Advisory for 1/28/13 Full Story
Adopting & Revising Employee Handbooks
Employment Law Advisory for 1/17/13 Full Story
Happy Holidays … and a question for you
Employment Law Advisory for 12/12/12 Full Story
Company-Sponsored Holiday Celebrations: Avoid the Obvious Risks
Employment Law Advisory for 12/5/2012 Full Story
New Court Decision Clarifies Law on Rounding of Employee Time Cards
Employment Law Advisory for 11/6/2012 Full Story
Beware of the Payroll Implications of Temporary Shutdowns
Employment Law Advisory for 10/24/12 Full Story
Social Media Privacy Law Signed By Governor, Will Become Effective on January 1, 2013
Employment Law Advisory for 10/3/12 Full Story
Lender Fails to Collect Default Interest Based on Poorly-Drafted Loan Documents
Creditors' Rights Advisory for 10/1/12 Full Story
Sometimes It Pays to Sit Around (Part II): Are Your Employees On The Clock When They Are “On Call”?
Employment Law Advisory for 9/19/12 Full Story
Creditors May Save Time and Money By Raising Plan Confirmation-Related Objections to a Chapter 11 Disclosure Statement
Creditors' Rights Advisory for 9/13/12 Full Story
Sometimes It Pays to Sit Around (Part I): Are Your Employees On The Clock When They Are Traveling?
Employment Law Advisory for 9/5/12 Full Story
Rounding of Employee Time Cards – Common Practices and Unanswered Questions
Employment Law Advisory for 8/30/12 Full Story
EEO-1 Reports Due From Covered Employers On September 30th
Employment Law Advisory for 8/22/12 Full Story
Requiring In-Home Caregivers to Obtain Permits
Trust & Estate Litigation Advisory for 8/22/2012 Full Story
As Election Approaches, Beware of Laws Protecting Political Affiliations and Opinions
Employment Law Advisory for 8/14/12 Full Story
Is a Lengthy Chargeback Period Permissible in a Commission Plan?
Employment Law Advisory for 8/2/12 Full Story
Recent Court of Appeal Case Reiterates the Importance of Understanding the Dangers of Exercising Too Much Control Over Independent Contractors
Employment Law Advisory for 7/17/12 Full Story
An Order Compelling an Accounting is Not Appealable, Unless It Expressly or Implicitly Decides Other Issues That Could be the Subject of an Appealable Order
Trust & Estate Litigation Advisory for 7/12/12 Full Story
Update on Mechanic's Lien and Private Works Stop Notice Laws
Creditors' Rights Advisory for 7/12/12 Full Story
Supreme Court Upholds Health Care Law: Now What?
Employment Law Advisory for 7/5/12 Full Story
Proving a Negative: Redacting Confidential Financial Information in Elder Abuse Actions
Trust & Estate Litigation Advisory for 6/21/2012 Full Story
Avoid Common Mistakes in Creating and Implementing Commission and Bonus Plans
Employment Law Advisory for 6/20/12 Full Story
A Trust is Not an Entity, it is a Relationship
Trust & Estate Litigation Advisory for 6/7/2012 Full Story
Surviving Omitted Spouses Can Be Sued for Elder Abuse of the Decedent Spouse
Trust & Estate Litigation Advisory for 5/24/2012 Full Story
Employers Are Wise to Avoid English-Only Policies in Most Circumstances
Employment Law Advisory for 5/10/12 Full Story
California Recognizes Intentional Interference with an Expected Inheritance as a Valid Cause of Action
Trust & Estate Litigation Advisory for 5/8/2012 Full Story
Temporary Conservators May Recover Attorney’s Fees and Costs Even Where No Permanent Conservatorship Results
Trust & Estate Litigation Advisory for 4/26/2012 Full Story
Update on Implementation of NLRB Posting Law and New California Payroll Notice Law
Employment Law Advisory for 4/26/12 Full Story
Brinker Decision Clarifies Meal Period and Rest Break Rules
Employment Law Advisory for 4/17/12 Full Story
A Trustee May Still be Liable to Remainder Beneficiaries for Conduct Occurring During a Settlor’s Lifetime
Trust & Estate Litigation Advisory for 4/12/2012 Full Story
California Supreme Court Issues Unanimous Opinion In Meal Period Case
Employment Law Advisory for 4/12/12 Full Story
NLRB Poster Rule Upheld, Set to Become Effective on April 30
Employment Law Advisory for 3/28/12 Full Story
Wellness Programs on the Rise, But Can Pose Legal Challenges for Employers
Employment Law Advisory for 3/8/12 Full Story
Omissions Are [Still] Not Ambiguous
Trust & Estate Litigation Advisory for 2/29/2012 Full Story
Rules Regarding Interns Looser Than in the Past, But Wages Still Required in Many Cases
Employment Law Advisory for 2/23/12 Full Story
California Teams with the U.S. Department of Labor to Combat Worker Misclassification
Employment Law Advisory for 2/15/12 Full Story
Inside Sales Exemption Poorly Understood by Many Employers
Employment Law Advisory for 2/8/12 Full Story
Employers May Be Wise to Utilize Custom Form in Complying With New Payroll Notice Law
Employment Law Advisory for 1/20/12 Full Story
New Notice Requirements Apply When Hiring Non-Exempt Employees
Employment Law Advisory for 1/5/12 Full Story
Happy Holidays … and a question for you
Employment Law Advisory for 12/14/11 Full Story
Continued Stream of Retaliation Claims Highlights Importance of Responding Properly to Employee Complaints
Employment Law Advisory for 12/7/11 Full Story
The Continuing Fight Over Employer-Employee Arbitration Agreements
Employment Law Advisory for 11/2/11 Full Story
Update--New Employment Laws for 2012
Employment Law Advisory for 10/26/11 Full Story
The IRS Announces New Program For Reclassification Of Independent Contractors
Employment Law Advisory for 10/5/2011 Full Story
The Standard for Capacity to Execute a Will or Trust is the Same
Trust & Estate Advisory Full Story
Misclassifying Workers As Independent Contractors: California Considers New Penalties
Employment Law Advisory for 9/28/2011 Full Story
Checking An Applicant’s Credit History-Part 2: Assembly Bill 22
Employment Law Advisory for September 14, 2011 Full Story
Checking Applicants’ Criminal And Credit Histories? Make Sure You Follow The Rules
Employment Law Advisory for 9/7/2011 Full Story
The NLRB Announces A New Posting Requirement Under The NLRA
Employment Law Advisory for 8/31/2011 Full Story
Discrimination Verdict For Defendant Reversed Based On Exclusion Of “Me Too” Evidence
Employment Law Advisory for 8/17/2011 Full Story
When Is A Sabbatical Program Really Vacation Pay, Subject To Labor Code Section 227.3?
Employment Law Advisory for 8/10/2011 Full Story
Be Careful Not To Overreach in Your Confidentiality Agreements And Policies
Employment Law Advisory for 8/3/2011 Full Story
Impact of Dukes on Wage and Hour Claims Uncertain at Best
Employment Law Advisory for 7/27/2011 Full Story
Remember to calculate overtime pay based on your employees’ “regular rate of pay”
Employment Law Advisory for 7/20/2011 Full Story
Accord and Satisfaction is Not Available to Trustees, Since They Cannot Seek Exoneration From Liability as a Condition of Making a Distribution
Trust & Estate Litigation Advisory for 7/12/2011 Full Story
As Economy Evolves, Importance of Protecting Trade Secrets Grows
Employment Law Advisory for 7/6/2011 Full Story
The Dukes v. Wal-Mart Opinion: A Significant Victory For Employers
Employment Law Advisory for 6/22/2011 Full Story
The Workweek and Seventh Day Premiums: What Discretion Does an Employer Have?
Employment Law Advisory for 6/15/2011 Full Story
Personal Representative May Be Entitled to an Interim Award of Attorney’s Fees as an Assistant to the Court
Trust & Estate Litigation Advisory for 6/10/2011 Full Story
Social Media as the New Employee Water Cooler—What “Conversation” is Protected?
Employment Law Advisory for 6/8/2011 Full Story
Employers Expose Themselves to Risk By Trying to Control Employees’ Off-Duty Conduct
Employment Law Advisory for 6/1/2011 Full Story
The World of Reasonable Accommodation, Or When “Totally Disabled” Doesn’t Mean “Totally Disabled”
Employment Law Advisory for 5/18/2011 Full Story
Beneficiaries Cannot Be Bound by an Arbitration Provision in a Trust
Trust & Estate Litigation Advisory for 5/16/2011 Full Story
The United States Supreme Court Speaks Out On Class Action Waivers In Arbitration
Employment Law Advisory for 5/4/11 Full Story
McMackin v. Ehrheart — Delaying the Opening of Probate Might Result in Equitable Estoppel
Trust & Estate Litigation Advisory for 4/19/2011 Full Story
Rules Regarding Interns Loosening, But Wages Still Required in Many Cases
Employment Law Advisory for 4/13/2011 Full Story
General Assignment of Personal Property Need Not Specify Shares to Effectively Transfer Stock to a Trust
Trust & Estate Litigation Advisory for 4/12/2011 Full Story
EEOC Publishes Final Regulations Implementing ADA Amendments Act
Employment Law Advisory for 3/30/2011 Full Story
Prohibited Transferees Will Try Anything
Trust & Estate Litigation Advisory for 3/29/2011 Full Story
Proving Registration of Payable on Death (“POD”) Accounts
Trust & Estate Litigation Advisory for 3/25/2011 Full Story
Court Decision Increases Risk Resulting From Refusal to Reinstate Following Leave of Absence
Employment Law Advisory for 3/23/11 Full Story
For Want of a Nail ... Neglecting the “Small Things” Can Impact a Deal
Capital Markets Advisory for 3/18/2011 Full Story
Employee Drug Testing: Sometimes You Should Just Say No
Employment Law Advisory for 3/17/11 Full Story
Wills Without Witnesses Can Now be Upheld as Valid and an Act of Nature is Recognized as Revocation
Trust & Estate Litigation Advisory for 3/14/2011 Full Story
Understanding Employment At Will, Continued
Employment Law Advisory for 3/10/11 Full Story
Claims by a Surviving Domestic Partner Based on Homemaking Services Provided, Qualify for Estate Tax Deduction
Trust & Estate Litigation Advisory for 2/28/2011 Full Story
Challenging the Reasonableness of your Opponent’s Attorney’s Fees May Place the Amount of Your Own Fees in Question
Trust & Estate Litigation Advisory for 2/23/2011 Full Story
Risk Oversight for the Private Company Board: Benefiting from Public Company Guidelines and Practices
Capital Markets Advisory for 2/18/2011 Full Story
New NLRB Decision Highlights Increased Risks for All Employers Regarding “Concerted Activities”
Employment Law Advisory for 2/16/11 Full Story
Can’t We Talk About This? - Understanding Reasonable Accommodation and the Interactive Process
Employment Law Advisory for 2/10/11 Full Story
SEC Proposes Changes to Definition of “Accredited Investor”
Capital Markets Advisory for 2/9/2011 Full Story
Only Those Whose Interest in an Estate is Affected Have Standing to Bring a Claim for Financial Elder Abuse on Behalf of a Decedent
Trust & Estate Litigation Advisory for 2/8/2011 Full Story
Slaves to Our Children: Passing the Family Business to Children Can Deprive Your Co-Founding Spouse of Trust Income
Trust & Estate Litigation Advisory for 2/3/2011 Full Story
Déjà vu All Over Again- Court Finds Workers Misclassified
Employment Law Advisory for 2/2/11 Full Story
Employment Law Advisory for 1/21/2011
Our Annual Update of New Developments in Employment Law Full Story
Employment Law Advisory for 1/6/11
Use of a Payroll Company Does Not Relieve Business of Obligations as an Employer Full Story
Employment Law Advisory for 11/11/10
Barbie / Bratz Dispute Highlights Importance of Employment Contract and Policy Language Full Story
Employment Law Advisory for 11/4/10
Trivedi Decision Calls Validity of Many Existing Arbitration Agreements Into Serious Question Full Story
Employment Law Advisory for 10/20/10
Justice Department Requires Six High Tech Companies to Cease Non-Solicitation Agreements Full Story
Employment Law Advisory for 10/14/10
What Not to Do: The Five Most Common Mistakes Behind Employment Lawsuits Full Story
Employment Law Advisory for 9/29/10
Leaves of Absence: How to Avoid Two of the Basic Mistakes Full Story
Employment Law Advisory for 9/15/10
Make Your Records Work for You: Basic Timekeeping Tips for Employers Full Story
Employment Law Advisory for 9/1/10
Time is Money: Paying Employees to Wait or Be On Call Full Story
Employment Law Advisory for 8/19/10
New Court Decision Increases Risk of Contractor Misclassification Claims Full Story
Employment Law Advisory for 8/11/10
Google Decision Highlights- and Increases- Danger of “Stray Remarks” Full Story
Employment Law Advisory for 8/4/10
New Court Decision Exposes Employers to Liability For Refusing to Hire or Employ Individuals Subject to a Covenant Not to Compete With a Former Employer Full Story
Employment Law Advisory for 7/21/10
Take Reinstatement Obligations Seriously When Employees Conclude Leaves of Absence Full Story
Employment Law Advisory for 7/6/10
Tips for Creating a Useful Policy Regarding Employee Use of Social Networking Sites Full Story
Litigating on the Civil Side, Instead of in Probate, Could Result in Waiving a Claim for Attorney’s Fees
Trust & Estate Litigation Advisory for 7/5/2010 Full Story
Employment Law Advisory for 6/23/2010
U.S. Supreme Court Decision Examines Public Employer’s Right to Review Employee Text Mess ages on Pager Owned by Employer Full Story
Employment Law Advisory for 6/9/10
Government Contractors Will Soon Be Required to Post Notice of Right to Organize Full Story
Employment Law Advisory for 6/3/10
More Website Networking Headaches: Are Your Trade Secrets Being Compromised by Employees? Full Story
Employment Law Advisory for 5/26/10
Supreme Court Decision Highlights Risks Created by Disparate Impact Discrimination Full Story
Employment Law Advisory for 4/28/10
Dukes Decision Highlights Risk of Discrimination Suits Challenging Payroll Practices Full Story
Employment Law Advisory for 4/20/10
New DLSE Opinion Letter Loosens Rules Regarding Unpaid Interns Full Story
Employment Law Advisory for 4/14/2010
Health Care Law Includes Provision Requiring Employers to Accommodate Breastfeeding Full Story
Employment Law Advisory for 3/17/10
Social Networking Websites Pose Risks for Both Applicants and Employers in Hiring Process Full Story
Employment Law Advisory for 3/10/10
Are You Keeping Your Trade Secrets Safe? Full Story
Employment Law Advisory for 3/3/10
Dotson v. Amgen: Employers Win a Dispute About Arbitration, but Should Still Weigh Pros and Cons of the Process Carefully Full Story
Capital Markets Advisory for 2/26/10
SEC’s Interpretive Release on Climate Change Disclosure Full Story
Employment Law Advisory for 2/24/10
Federal Government Steps Up Scrutiny of Independent Contractor Classifications Full Story
Employment Law Advisory for 2/17/10
Unemployment Appeals: Worth the Fight for Employers, or Not? Full Story
Employment Law Advisory for 2/10/10
Evidence Preservation Duty Increasingly Important and Complex for Employers Full Story
Employment Law Advisory for 2/3/10
And Now the Bad News: Your Exempt Employee’s Day Off May Not Really Be a Day Off Full Story
Employment Law Advisory for 1/26/10
A Glass Half Full: DLSE Opinion Letter Helpful With Respect to Partial Day Absences by Exempt Employees, But Less So With Full-Day Absences Full Story
