The California Supreme Court decided a non-employment case that will have employment law ripple effects. Suzan Hughes was the divorced widow of Mark Hughes, founder of Herbalife. Mark left a trust of $350 million to ... Civil Code section 51.9, which prohibits sexual harassment outside the employment context by certain vendors / suppliers in various professional business relationships, such as doctors, lawyers, accountants, and trustees. The lower courts and the Supreme Court agreed that the lewd ...
July 3, 2009 01:30 pm
... or professional relationship with that patient, and would support statutory liability for sexual harassment within this section within a "business, service, or professional" relationship. Under Cal. Civ. Code section 51.9, the victim must establish not ... nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe. The standard for determining whether the conduct is severe and pervasive is similar to the one applicable to the sexual harassment at California workplace.
July 3, 2009 12:20 pm
... cost the borrowers their homes. Frequently, this is when we step in. Our Murrieta loan modification attorneys negotiate these same issues with lenders -- but with the added weight of the law behind us. Howard | Nassiri LLP represents homeowners throughout Southern California who need help convincing a loan servicer to treat their loan modification requests with respect. Banks listen to us because we are ...
July 3, 2009 08:01 am
... his A.B. at Augustana College in 1992. He is admitted to practice law in the state of Wisconsin and is pending bar admission to the state of California. _____________________________________________ David Quinby is the current office managing partner of the firm's ... for its Renewables and Alternative Energy practice from Chambers USA: America's Leading Lawyers for Business (2009), rating among the top law firms in this category. The firm has been at the forefront of growth in renewables in recent ...
July 2, 2009 01:32 pm
... this country, and boy, is he mad," has weathered a lot of obstacles and bad luck in his Odyssey to complete college, law school, and an LL.M. Now, at 47, after passing the New York bar on his third time, an appellate court has ... over the past 26 years without any serious effort to pay down that amount. I guess my first reaction is sympathetic. So what? The State of California is paying its bills in I.O.U.s this month, and there are thousands of Americans who owe $400,000 on houses with the fair ...
July 2, 2009 12:28 pm
... one of the most powerful tools the federal government has to enforce employment and immigration laws," ICE said in a statement. ICE began notifying businesses that it planned to inspect their hiring records to see whether employees have proper employee documentation. Enforcement is currently looking for the companies primarily located in New York and California. You can come in the scrutiny if you are not having valid and complete papers for your illegal workers. ...
July 2, 2009 08:39 am
... confirmed what our Riverside bankruptcy attorneys have been seeing for months: More and more people in Southern California are driven into bankruptcy by the threat of foreclosure or other mortgage loan problems. According to the Times, consumer bankruptcies ... home, you should call Howard | Nassiri LLP. Based in Anaheim, our consumer bankruptcy law firm helps people throughout California who are facing the devastating financial choices that come with overwhelming debt. Because bankruptcy is not ...
July 2, 2009 07:09 am
... noting. Solo and small firm lawyers are getting creative in how they seek business. Many are now turning to craigslist as a practice-building tool. Craigslist is an enormous classified ... ads posted on a single day in April, 2009. Jonathan Stein, an Elk Grove, California solo, has been posting on the site for three years. Stein claims that he ... a solo practicing in Kent, Washington. Ms. Beecher's practice includes family law and she began posting ads on craigslist about a year ago. Since that time ...
July 1, 2009 11:46 pm

"Boo to Billable Hours"

(The Greatest American Lawyer)
I recently came across a blog by John Derrick, an appellate specialist in California. He has written an interesting book on billable hours called "Boo to Billable Hours". Mr. Derrick has uploaded his entire book on his website for free. This book will ... do, and five alternatives to billing by the hour. I agree with this Carolyn Elefant's review posted on MyShingle.com that this book should be a must read for law students so that they can realize there is a better way to do business as a lawyer.
July 1, 2009 09:10 pm
... car on the road, causing it to career wildly and actually flip over twice. California Highway Patrol officers who came to the scene found Mr. Galiher (who serves as the main ... and ribs and difficulty walking. Injury DUIs in Southern California can be quite serious business, and the pastor could face significant jail time, fines ... Diego, you may need proactive legal help to avoid having to pay the stiffest penalties mandated by law and to rehabilitate yourself as effectively as possible. The good news ...
July 1, 2009 07:38 pm
... court's liberals, it ruled that smokers may use state consumer protection laws to sue cigarette makers for the way they promote light and "low tar ... brands. The decision was at odds with recent anti-consumer rulings that limited state regulation of business in favor of federal power. Decided on Dec. 15, 2008. NAVY SONAR USAGE ... Navy's use of sonar in submarine-hunting exercises off the coast of southern California. The court said forcing the Navy to deploy an inadequately trained anti-submarine force ...
July 1, 2009 11:21 am
... outcomes: 1, Online retailers will begin to rethink the way that they do business with affiliates - especially in a tough economic climate. 2, Other states will jump on the bandwagon. California, anyone? Sure enough, in May of this year, California began exploring ... in the Associates Program. All referral fees earned on qualified traffic will continue to be paid as planned. But because the new law is drafted to go into effect once enacted - which could happen in the next two weeks - we will have ...
July 1, 2009 10:58 am

LAW.COM Newswire Highlights July 1, 2009

(New York Supreme Court Criminal Term Library Blog)
... pro-business, anti-environment, pro-government -- or something else? Will Campaign Finance Case Impact Vote on Sotomayor? The National Law Journal The Supreme Court's unusual order Monday delaying a decision in Citizens United v. Federal Election Commission and ... firm's first female managing partner, Angela Bradstreet, left in 2007 to become California's labor commissioner. Bradstreet said Freimann has "that perfect combination" of business acumen, client service and people skills to lead a firm. ...
July 1, 2009 12:38 am

Can Accountants Pay Or Receive Referral Fees Or Commissions?

(California Attorneys Representing Licensed, Regulated And Other Professionals)
... determine if it violates the professional rules prohibiting the payment of a referral fee. Under Section 5061(c) of the California Business and Professions Code, CPAs are not allowed to accept commissions as compensation for services in the ... you while you are engaged in the practice of public accountancy. Disclosure requirements are contained in Accountancy Regulation 56. The law is clear that nothing in Section 5061 allowing commissions under limited circumstances "shall be construed to permit ...
July 1, 2009 12:21 am
... , which significantly defined a health plan's duties in California, was recently confirmed on appeal. During his tenure as a federal prosecutor, Julian led high-profile criminal cases in many business sectors, including healthcare, banking and securities fraud. ... , including the public corruption case against former Orange County Sheriff Mike Carona. Julian earned his J.D. from the University of California, Hastings College of the Law, and his B.A. from the University of California, Santa Barbara.
June 30, 2009 02:48 pm
... standards to the activities of transnational corporations has become an increasingly prominent debate in the international law and business arenas. As the international community moves forward in elaborating a framework for accountability for corporate acts, it ... between Unocal and the Burmese government. Total was initially one of the defendants in the American lawsuit launched in California, but an amicus curiae brief from France convinced the judge of its inaptitude to involve Total in the ...
June 30, 2009 01:44 pm
The California Supreme opinion in Arias v. Superior Court has created a potent new alternative to class actions for enforcing Labor Code provisions. The Supreme Court granted review to decide whether plaintiffs ... obtain formal class certification in order to bring claims under two different statutes -- the Unfair Competition Law (the "UCL," Business and Professions Code section 17200, et seq.) and the Labor Code Private Attorney General Act of 2004 ("PAGA," Labor Code section 2698, et seq.). The ...
June 30, 2009 10:08 am
... state's budget crisis, as well as by some influential law-and-order advocates who have concluded that deficiencies in the legal and corrections systems are beyond repair. More California death row inmates have died in the time ... long prosecutorial career, Van de Kamp led a review last year of the state's capital punishment apparatus by the California Commission on the Fair Administration of Justice. The bipartisan panel concluded that the system is dysfunctional and needs nearly $100 million more ...
June 30, 2009 09:10 am

California Supreme Court Draws Setoff Boundary

(California Consumer Finance Litigation)
... 704.080, violation of the Consumer Legal Remedies Act, violation of California's unfair competition law, Business and Professions Code section 17200, and violation ... 's false advertising law, section 17500. The trial court granted the Bank's motion for summary adjudication of plaintiff's Section 704.080 claim and ... setoff of internal account charges was permissible, even against public benefit funds. The California Supreme Court agreed and affirmed the Court of Appeals. The Court held that its prior ...
June 30, 2009 08:51 am

Anaheim Theft and Burglary Defense Attorneys

(Southern California Defense Blog)
... California tourist destination. Anaheim is well known for Disneyland, Disney's California Adventure, and the Anaheim Convention Center. With flocks of families visiting the theme parks and numerous businesses making use of the convention center on a yearly basis, Anaheim is ... . If you or someone you love has been accused of theft or burglary, please don't hesitate to contact our law offices at 888-280-6839 for an evaluation of your case. Our knowledgeable attorneys are here to help you with all ...
June 30, 2009 07:00 am