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UPDATE: California Supreme Court grants review in Augustus v. ABM Security
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Legal Value Firm

Business Law  - 
 
The intersection of the First Amendment and trademark law with respect to 'disparaging' band names seeking to be trademarked is being reexamined en banc by the US Court of Appeals for the Second Circuit.  

This article on +ABA Journal - Law News Now by +Debra Weiss gives a glimpse behind the court's reasoning for reconsidering its decision, and cites the implications for the criticism bestowed on the Washington Redskins which led to the cancellation of six (6) of its trademarks in 2014.
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Property owners beware: A foreseeable risk can turn a trespassing child into a plaintiff.
The family of a 9-year-old California boy who survived a fall through a school's skylight reportedly claims the school district should be held liable for his injuries because it was too easy to get...
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William Lawson

Personal Injury  - 
 
Personal Injury Lawyers in Hawaii face many of the same challenges as those in California.  Indeed in many ways our practices overlap.  When our courts here are faced with new issues to decide, out of all the other states, they most often follow the laws of California.  Appeals from the US District Court here are often held before a judge or panel from Ninth Circuit Court of Appeals based in California.  Many lawyers here (including myself) went to law school in California.  We wish the personal injury lawyers in California great success - for indeed their successes are likely to soon become our successes.
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When it comes to a disagreeable court ruling, learn to make your strongest argument while remaining respectful to the judge.
An an attorney and an officer of the court, you sometimes have competing duties: to represent your clients zealously and to maintain respect for the court. When it comes to a disagreeable court rul...
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David Smith

Discussion  - 
 
How One Creative Personal Injury Lawyer Is Getting Clients Without Being A Sleezeball... 

https://www.youtube.com/watch?v=W_DJMWT1QT4
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CEB - Continuing Education of the Bar
moderator

Civil Litigation  - 
 
 
Before you start working on interrogatory responses, review these 6 points.
So, you've been hit with interrogatories. Before you start working on responses, review these 6 points. 1. You have a duty to respond. A party who has been served with interrogatories under CCP §§2...
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Whether workers are employees or independent contractors is tricky in general and even more so in the context of the new so-called sharing economy.
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An executed contract is a legal document that has been signed off by the people necessary for it to become effective. The contract is often made between two or more people, but it can also be between a person and an entity, or two or more entities. 
Executed Contract Defined and Explained with Examples. Executed contract: a legal document that has been signed by the people necessary for it to become effective.
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There are major risks in not getting a client's written consent to fee splitting right away.
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About this community

This is a place for California attorneys and other legal professionals to discuss new legal developments and to share practice tips. It's also a great place to ask general questions about your law practice. Please don't just post articles here -- comment on an existing post before you post one of your own. Welcome! Join the conversation!
 
Until laws are passed or cases come down, attorneys need to familiarize themselves with the basics of the legal issues involving drones.
This following is a guest blog post by George M. Moore PhD, JD, a Scientist-in-Residence at the Middlebury Institute of International Studies at Monterey, California, where his course in Drones and...
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CEB - Continuing Education of the Bar
moderator

Civil Litigation  - 
 
 
A person whose deposition has been completed can’t be compelled to attend another one in the same case unless an exception applies.
Generally, you can't compel someone to attend a deposition if he or she has been previously deposed in the same case. But there are 5 exceptions to this rule. A person whose deposition has been com...
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Shane Watson

Discussion  - 
 
Fathers have a direct impact on the well-being of their children. Fathers influence their children in large part through the quality of their relationship with the mother of their children.
Fathers play important role in the welfare and development of their children. A number of studies suggest that fathers who are involved, nurturing, and playful with their infants have children with...
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Although what makes sense for any given contract will differ, here are seven things to consider bargaining for in your next contract negotiation.
When you're negotiating and drafting a contract, your client may be excited and focused on the positives, but you have to keep your eye on the dark side, i.e., the consequences of a breach. Conside...
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Tips for successfully assessing your adversary’s goals, capabilities, and willingness to fight.
When it comes to litigating a case, your client's objectives are only half the story. If you want to gain an advantage, you'll also need to successfully assess your adversary's goals, capabilities,...
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A NY judge has allowed service of divorce papers via Facebook private messaging. What do you think?
Calling social media "the next frontier in the developing law of the service of process over the internet," a New York judge has allowed service of divorce papers via Facebook private messaging. Th...
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CEB - Continuing Education of the Bar
moderator

Estate Planning/Elder Law  - 
 
 
You can help a lay fiduciary feel less overwhelmed by using the fiduciary accounting as a client management tool. Here's how.
When representing a fiduciary such as a conservator or personal representative, you’re often dealing with a lay person who may be feeling overwhelmed by unfamiliar responsibilities. One way to brin...
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You can strongly assert your client’s point of view in a way that also fosters an atmosphere conducive to settlement.
One of the key components of the opening phase of a negotiation is articulating your client’s intentions, needs, and hopes regarding a settlement. You can strongly assert your client’s point of vie...
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Brian Victor

Discussion  - 
 
What is involved in creating a child custody parenting plan for spring break?  It is important to understand the process of creating custody plans for spring break.  San Diego divorce lawyer discusses creating custody plans for spring break.
#springbreak
#custody
#sandiegodivorcelawyer
#sandiegocustodylawyer
#divorce
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