For the Public

pre-employment

Often Overlooked But Increasingly Adjudicated: Discriminatory Pre-Employment Testing, Selection Criteria and Advertising Leads to Litigation

So far this year we’ve witnessed an inglorious trend of pre-employment discrimination. Examples of this unlawful pre-hiring include strength-based tests, advertising with preferences for younger workers, unlawful recruitment practices slanted toward a specific group, pre-employment inquiries about an individual’s disability and requests for photographs prior to the interview. California courts routinely evaluate pre-hiring practices by analyzing whether the policies and

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family business disputes

Family Business Disputes

“All happy families resemble each other, but that each unhappy family is unhappy in its own way.” – Leo Tolstoy, “Anna Karenina” In my 20-plus years as a business litigator and trial attorney, I have handled many complex and hotly contested business disputes. As a family law attorney, I have helped clients through emotionally- charged proceedings in divorce and time-sharing

Read More »
Cover Songs Are Copyright Fair Use

A Myth: Cover Songs Are Copyright Fair Use

Collectively, we mourn the tragic passing of one of the greatest musicians/performers of our time and one of the greatest guitarists of all time. Prince’s songs, especially “Purple Rain,” have been and continue to be performed endlessly by others. Cover songs are easily found on websites, such as YouTube. Are there copyright issues in such postings? An Example Your client

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Registration

Second Circuit Rejects General Jurisdiction Based on Consent by Registration

Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the

Read More »
budget

The Art and Science of Building a Lifestyle Budget

Under Minnesota Statute 518.552, there are eight factors to be considered when determining spousal maintenance. Of these eight factors, defining the standard of living the parties established during the marriage is one of the more challenging ones. It is worth the effort and diligence to accurately assess and quantify the standard of living by means of a lifestyle budget to

Read More »
medical malpractice

Medical Malpractice – Another Point of View

This article describes some common misperceptions about medical malpractice cases, the lawyers that file them and the expert witnesses who participate in them. It is written from my perspective as an attorney for both the patients and health care providers. Representing patients in medical malpractice cases has never been the path to easy riches it is portrayed to be in

Read More »
HB251

Are Non-Compete Covenants Still Good for Utah Business?

Utah’s 2016 legislative session recently ended with the passage of HB251. The original HB251 draft sought to change Utah law by making non-compete covenants void. Having represented clients on both sides of the issue, this legislation was not surprising. HB251 also sought to address a perception that restrictive non-compete covenants are being abused by Utah employers. After amendment and significant

Read More »
policy

The Stowers Doctrine: Settling for Policy Limits

Imagine you are the representative of an insurance company handling a bodily injury claim. The injured plaintiff has $25,000 in medical expenses. Your insured’s policy has a limit of $30,000. The plaintiff makes a settlement demand for the policy limits. Because you know that $30,000 represents the extent of your company’s liability, you decide that you have nothing to lose

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permanent record

Will It Be on My Permanent Record?

It is spring and college admission letters are showing up in mailboxes all over the country. This made me think of the one of the most frequent questions I am asked by the parents of juveniles in trouble: “Will this be part of a permanent record?” The answer is always a firm, “Maybe.” Ordinarily, the records and hearings that make

Read More »
pre-employment

Often Overlooked But Increasingly Adjudicated: Discriminatory Pre-Employment Testing, Selection Criteria and Advertising Leads to Litigation

So far this year we’ve witnessed an inglorious trend of pre-employment discrimination. Examples of this unlawful pre-hiring include strength-based tests, advertising with preferences for younger workers, unlawful recruitment practices slanted toward a specific group, pre-employment inquiries about an individual’s disability and requests for photographs prior to the interview. California courts routinely evaluate pre-hiring practices by analyzing whether the policies and

Read More »
family business disputes

Family Business Disputes

“All happy families resemble each other, but that each unhappy family is unhappy in its own way.” – Leo Tolstoy, “Anna Karenina” In my 20-plus years as a business litigator and trial attorney, I have handled many complex and hotly contested business disputes. As a family law attorney, I have helped clients through emotionally- charged proceedings in divorce and time-sharing

Read More »
Cover Songs Are Copyright Fair Use

A Myth: Cover Songs Are Copyright Fair Use

Collectively, we mourn the tragic passing of one of the greatest musicians/performers of our time and one of the greatest guitarists of all time. Prince’s songs, especially “Purple Rain,” have been and continue to be performed endlessly by others. Cover songs are easily found on websites, such as YouTube. Are there copyright issues in such postings? An Example Your client

Read More »
Registration

Second Circuit Rejects General Jurisdiction Based on Consent by Registration

Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the

Read More »
budget

The Art and Science of Building a Lifestyle Budget

Under Minnesota Statute 518.552, there are eight factors to be considered when determining spousal maintenance. Of these eight factors, defining the standard of living the parties established during the marriage is one of the more challenging ones. It is worth the effort and diligence to accurately assess and quantify the standard of living by means of a lifestyle budget to

Read More »
medical malpractice

Medical Malpractice – Another Point of View

This article describes some common misperceptions about medical malpractice cases, the lawyers that file them and the expert witnesses who participate in them. It is written from my perspective as an attorney for both the patients and health care providers. Representing patients in medical malpractice cases has never been the path to easy riches it is portrayed to be in

Read More »
HB251

Are Non-Compete Covenants Still Good for Utah Business?

Utah’s 2016 legislative session recently ended with the passage of HB251. The original HB251 draft sought to change Utah law by making non-compete covenants void. Having represented clients on both sides of the issue, this legislation was not surprising. HB251 also sought to address a perception that restrictive non-compete covenants are being abused by Utah employers. After amendment and significant

Read More »
policy

The Stowers Doctrine: Settling for Policy Limits

Imagine you are the representative of an insurance company handling a bodily injury claim. The injured plaintiff has $25,000 in medical expenses. Your insured’s policy has a limit of $30,000. The plaintiff makes a settlement demand for the policy limits. Because you know that $30,000 represents the extent of your company’s liability, you decide that you have nothing to lose

Read More »
permanent record

Will It Be on My Permanent Record?

It is spring and college admission letters are showing up in mailboxes all over the country. This made me think of the one of the most frequent questions I am asked by the parents of juveniles in trouble: “Will this be part of a permanent record?” The answer is always a firm, “Maybe.” Ordinarily, the records and hearings that make

Read More »

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