Small and solo law firm attorneys should expect to hear more about workplace bullying. As of January 1, 2015, mandatory anti-harassment training by employers must contain an anti-bullying component. Covered employers must provide supervisory employees with training about prevention of…
Post-Threat Analysis: SCOTUS reverses conviction in online threats case
On June 1, 2015, in Elonis v. United States, the U.S. Supreme Court ruled in a 7-2 decision that a Pennsylvania man’s conviction for posting threatening Facebook posts regarding his estranged wife was a reversible error. The Supreme Court held…
Battery Liability for Offending Unusually Sensitive Sense of Personal Dignity
Under new rules, promulgated by the powerful American Law Institute, offending ultra-sensitive people now carries battery liability. In the olden days, battery was considered an offensive “unwanted touching” based on the reasonable person standard, for example, grabbing a menu out…
May a California lawyer ethically represent a client in respect to a medical marijuana enterprise in California?
Recognizing the conundrum that conflicting state and federal laws create in California in light of the Compassionate Use Act, The Bar Association of San Francisco Legal Ethics Committee composed the first bar association opinion on ethical considerations for California attorneys…
Chapter 7 Bankruptcy Trustee Must Obtain Court Approval Before Paying Taxes
In In re Cloobeck, 14 C.D.O.S. 5982, No. 23-15432 (9th Cir. June 12, 2015), the United States Court of Appeals for the Ninth Circuit ruled that a chapter 7 bankruptcy trustee must notify creditors, set a hearing or opportunity for…
Who Do You Trust with Your End of Life Care?
Many people think that a trust is about what’s going to happen after they die: who is going to inherit what. But that’s secondary to a trust’s primary purpose, which is to make end-of-life plans legally defining how you and…
Elizabeth Tippin Speaks to San Francisco Legal Professionals Association
Thanks to BASF Mediation Services panelist Elizabeth Tippin, who recently presented an informative talk on mediation and arbitration to the San Francisco Legal Professionals Association at their monthly “Lunch and Learn” meeting. The meeting was held at the law office…
Attorney/Client Fee Disputes Program Welcomes Two New Executive Committee Members
Marguerite Malloy, Associate Counsel of the Alameda County Employees’ Retirement Association (ACERA), provides legal advice and assistance to the ACERA Board of Retirement and ACERA management staff. She also supervises and conducts workplace investigations and develops and conducts management and…
Legal Ethics Corner: Attorneys Serving as Investigators Beware
Attorneys investigating matters in connection with the rendering of legal services to their clients is nothing new. California Code of Civil Procedure section 128.7 requires considerable due diligence before filing a lawsuit. In addition to such routine and ancillary inquiries,…
Court to Judge Whether Celeb Chef’s Prenup Cooks Up Fair Portions
After ten years, celebrity chef, Bobby Flay, and actor Stephanie March (best known for her role on “Law & Order: SVU”) are getting a divorce. Flay filed his Petition on April 10, citing irreconcilable differences and referencing the parties’ prenuptial…
Celebrating Your Paralegal and Non-Attorney Staff
Every April, a week is set aside to acknowledge the contributions of your administrative staff. Boss’ Day is celebrated every October. When do you celebrate and show your appreciation for your paralegal/legal assistant and other non-attorney staff members? Did you…
Five Myths About Starting Your Own Law Practice: An Appellate Attorney’s Perspective
Starting your own practice isn’t for everybody. Yet I’ve found that many of the supposed obstacles aren’t as scary as they initially seemed, such as: 1. It takes a lot of money to start a law practice. A law practice’s…