Read the first part: Mediating Environmental Disputes, Part I: Addressing the Long Term in the Present Mediation is an especially useful forum for environmental disputes because it can be set up to include various constituencies essential to a long term environmental remediation process and a…
Legal Ethics Corner: Communicating with English as a Second Language Clients
I have recently been confronted with the issue of what to do with a client who speaks English as a second language (ESL). The ESL client will tell me they understand everything I have communicated to them regarding an important…
License Assumed While Related Agreements Rejected
In In re Physiotherapy Holdings, Inc., 506 B.R. 619 (Bankr. D. Del. 2014), the bankruptcy court permitted the debtor to assume a license agreement but reject other related agreements. In Physiotherapy Holdings, the debtor licensed software under several agreements. Pursuant to Bankruptcy Code Section…
Excel for Litigators: Tips to Present Numbers and Calculations at Trial
This article was first published by Michael Kelleher on the Cogent Legal Blog at cogentlegal.com/blog/2014/06/excel-for-litigators/ Litigators must master the presentation of numbers and calculations in trial because numbers often prove damages and/or liability. However, showing and explaining numbers and calculations in trial…
Mediating Environmental Disputes, Part I: Addressing the Long Term in the Present
Disputes over environmental degradation and natural re-sources were a growth industry in the 1970’s. New federal statutes and agencies provided focused ways to address environmental harms, but environmental litigation has remained expensive and involved. Fact-intensive and document-laden, it requires investment…
Family Law Corner: Skinnygirl Bethenny Frankel Writes Fat Check
Bethenny Frankel, former daytime talk show host and star of “Bethenny Ever After” and “Real Housewives of New York,” and founder of Skinnygirl cocktails is still embroiled in a contentious divorce. After fighting more than a year over custody of…
Interesting News from the World of Estate Planning: Where There is a Will, There’s a Way
Napoleon’s Will Tells the Story of His Final Days Napoleon Bonaparte was the first Emperor of France and an aggressive general before his defeat at Waterloo. In the Spring of 1821, shorn of power and imprisoned by the British on…
Legal Ethics Corner: The Duty to Supervise New and Experienced Attorneys
The duties of California attorneys are set forth in the State Bar Act (Bus. and Prof. Code § 6000, et seq.), the California Rules of Professional Conduct, and case law. The California Rules of Professional Conduct require us to perform…
Family Law Corner: Every Dog Has Its Day… in Court
Olympic medalist Johnny Weir and his estranged husband Victor Voronov have agreed to share “custody” of their dog, a Japanese Chin named Tëma, after a very public airing of the details of their separation. Weir filed for divorce in March…
Interesting News from the World of Estate Planning: Prenups, Hollywood & Associations
The Power of the Prenuptial Agreement Actor Dennis Hopper’s 9-year-old daughter inherited $2.85 million from her dad’s estate despite the fact her parents were entangled in a nasty divorce battle at the time of his death. Hopper died in 2010,…
Negotiating Agreements in the Middle East
Serving as legal counsel in various capacities in Abu Dhabi, United Arab Emirates between 2008 and 2012, negotiating agreements between private, governmental and NGO organizations addressing policy, security, safety, environmental stewardship and economic development were a major component of my…
Interesting News from the World of Estate Planning
Wills & Trusts: Are You Experienced? Jimi Hendrix was close to his brother Leon when they were growing up. They sometimes went on tour together. Jimi may have named Leon as a beneficiary of his will if he had prepared one.…