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Attorney as Witness
The Rules of Professional Conduct provide that an attorney may not be “an advocate before a jury which will hear testimony.” (Rule 5-210; see Lyle v. Superior Court (1981) 122 Cal. App. 3D 470.)...
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Defending Against the “Reptile Theory” Requires Counsel To Make Clear to the...
The “Reptile Theory” has greatly increased jury awards in California and other jurisdictions. The theory, created by David Ball and Don Keenan in 2009, claims that lawyers for the plaintiff can...
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U.S. Supreme Court Rules in Favor of Employer Shifting Health Costs to...
On January 26th, 2015 the U.S. Supreme Court ruled in favor of an employer which amended its collective bargaining agreement. The ruling in this case is important to employers with...
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Court of Appeal Holds Insurer Has no Duty to Insure Where Insured Has...
On April 10, 2015 the California Court of Appeal issued a decision holding that an insurer has no duty to insure against claims where the underlying facts of those claims are known to the insured...
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Transgender Employee Protections Under Title VII vs. Employer’s Religious...
Important issues in employment continue to arise and evolve at a dizzying pace. One such issue currently being litigated in a Michigan federal court is a battle between a prohibition against...
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Court of Appeal Finds Attorneys Not Negligent When Advice Leads to Criminal...
Bad advice does not always subject an attorney to liability. This is the result of a recent ruling made by the California Court of Appeal for the Second District. Attorneys have a duty to provide legal...
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Lawyers Must Recognize and Avoid Conflicts of Interest
One of the most important tasks of a lawyer is to avoid conflicts of interest as between clients or between a client and the lawyer. Conflicts are the basis of a large portion of State Bar complaints...
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Liability of Insurers and Insurance Agents For Inaccurate Representations As...
A Two-Part Article PART ONE – LIABILITY OF INSURERS A common claim against insurance agents and insurers is that at the time the insurance agent secured the policy for his or her client, the agent...
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Liability of Insurers and Insurance Agents For Inaccurate Representations As...
A Two-Part Article PART TWO – LIABILITY OF INSURANCE AGENTS Part One of this two-part article discussed the potential liability of an insurer for the erroneous statements about coverage made by its...
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NLRB Holds Rule Prohibiting Employee Recording Unlawful
On December 24th, an administrative law judge for the NLRB issued a ruling in several cases, including one against Whole Foods Market, holding that an employer may not prohibit employees from...
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