News

Credit card companies are keeping us out of court. That’s a good thing, right?

Credit card companies are keeping us out of court. That’s a good thing, right? PDF

We all have them. Seems we can’t do without. Truth is, we have a love hate relationship with credit card
companies. They can help us soar with fantastic, well-deserved purchases, even help start small companies
for the entrepreneur in many of us. The credit card companies love us when we don’t pay the monthly
balance in full – that’s how they make their money.

Continue reading

Are You Blogging or Advertising? Have You Crossed the Line?

Are You Blogging or Advertising? Have You Crossed the Line? PDF

Rande S. Sotomayor, Esq.

Lawyers are learning that despite the traditions of dignity and distinction that many believe characterize their profession, they must maintain an “online presence” that provides valuable information to present and potential clients. These days that effort includes the concept of “blogging.”

Continue reading

Beware of Filing Simultaneous Claims in Arbitration and Court

Beware of Filing Simultaneous Claims in Arbitration and Court PDF

From the Los Angeles County Bar Association’s December 24, 2014 Daily eBriefs:

“Where plaintiff simultaneously sought damages in arbitration, and declaratory and injunctive relief in court, based on the same claims, and lost the arbitration, defendant became the prevailing party for purposes of an attorney fee award in the litigation under Civil Code Sec. 1717. Once the hearing on the merits of the parties’ dispute commenced at the arbitration, it was too late for plaintiffs to dismiss the civil action without prejudice and thereby avoid an attempt by defendants to recover attorney fees as the prevailing party in the action.

Continue reading

Business Trend – Mediation Is the Future

Business Trend – Mediation Is the Future PDF

Anyone who has ever been involved in litigation knows that the process of resolving disputes in the courts consumes resources – most notably money and time. Litigation counsel try hard to deliver value, but we know that budgets for the business clients we represent in court show outside counsel fees and litigation costs as red ink, no matter what. That’s not even considering the risk of actually losing in court.

Continue reading

Court of Appeal Helps Reduce Conflict over Paying Cell Phone Bills

The California Court of Appeal, in Colin Cochran v. Schwan’s Home Service, Inc., No. B247160, August 12, 2014, has held that employees who are required to use their personal cell phones for work are entitled to reimbursement by the employer of a reasonable percentage of the employee’s cell phone bill. It doesn’t matter if the bill is paid by a third person, and the details of the employee’s cell phone plan are not to be considered in the analysis of liability. Continue reading

Should Arbitration Be Used to Decide the Terms of a Business Deal?

Should Arbitration Be Used to Decide the Terms of a Business Deal? PDF

According to a number of California Congressmen, and the Chairman of the Federal Communications Commission, arbitration would be a good way to resolve the dispute between Time Warner Cable and television providers regarding the cost and manner of getting TV coverage of Dodger baseball games out to the public.

Apparently in the interest of the Dodgers TV-viewing public, these Congressmen and the FCC Chairman sent letters to DirecTV and Time Warner Cable Chief Executives urging the disputing entities to commit to “binding arbitration” in which the arbitrator would determine the price and the terms under which cable television subscribers could watch the Dodgers’ network, SportsNet LA. Continue reading

Anger and Hostility in Mediation

“In one of our concert grand pianos, 243 taut strings exert a pull of 40,000 pounds on an iron frame. It is proof that out of great tension may come great harmony.”
-Theodore E. Steinway

Let’s face it – parties and attorneys find themselves in mediation because they are in the midst of a fight. Many fights can be ugly, whether it’s a business, family, or consumer dispute. People feel that they’ve been treated unfairly, that they’ve done their best to resolve the conflict, and now it’s time to take the fight to the next level – with attorneys and courts. Continue reading

Attorney Negotiation Tactics – “Puffing” vs. Misrepresentation

California attorneys, and attorneys everywhere, must be aware of and avoid the dangerous pitfalls of overzealous representation. The California State Bar Standing Committee on Professional Responsibility and Conduct has issued a proposed formal opinion regarding the following question: “When an attorney is engaged in negotiations on behalf of a client, what conduct constitutes permissible “puffing” and what conduct constitutes improper false statements of material fact?” The Committee interprets Rule 3- 700(B)(2) of the Rules of Professional Conduct of the State Bar of California and Business and Professions Code sections 6068(b), (c), and (d), 6106 and 6128. Continue reading

Word to the Wise – Confidentiality Clauses in Settlement Agreements WILL Be Enforced!

Attention parents! When warning your kids not to expose private information on Facebook or other social media, remember that the same guidelines apply to YOU in many different contexts. As in, when you promise to keep something confidential, you had better do so, or pay the consequences – at least according to the District Court of Appeal of Florida in an opinion filed on February 26, 2014 in Gulliver Schools, Inc., etc., et al. v. Patrick Snay (Case No. 3D13-1952).

Patrick Snay reached a settlement of an employment discrimination lawsuit against his former employer, and the settlement agreement contained a detailed confidentiality provision, which read in part as follows: Continue reading