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California Indoor Air Quality and Sick Building Syndrome Litigation

  July 5, 2015     By The Law Offices of R. Sebastian Gibson
Lawsuits filed by attorneys in California over Indoor Air Quality or Sick Building Syndrome, are increasing. The WHO estimates that nearly 30 percent of new and remodeled buildings worldwide have indoor air quality problems (possibly 20 percent in the U.S., according to one study). In California, dangerous indoor air quality and sick building syndrome are a growing area of law for lawyers in the areas of personal injury, real estate, construction, homeowner associations and business.

The Perils of Do-it-Yourself Internet Law

  June 22, 2015     By Michael Ross, Attorney at Law
There is an unmistakable trend revealing itself in growing numbers of new cases: the “Instant Internet Lawyer.” This term refers to a growing corps of do-it-yourself amateur attorneys who believe that a few hours of web research, aided and abetted perhaps with discussions with total strangers on blogs, they are qualified to handle their own legal matters. Internet or no Internet, the old rule still applies: a person who handles his or her own legal matter has a fool for a client.

What to do when Bitten by a Dog in California and How to Protect Your Rights

  June 15, 2015     By The Law Offices of Jual F. Reyes
Dogs are a very important part of life in California and can bring companionship and joy in a person’s life. However, some dogs can also be dangerous and aggressive at any moment.

Pregnancy Is a Protected Class Under The California Fair Employment and Housing Act (FEHA)

  June 13, 2015     By The Law Offices of Jual F. Reyes
Sex discrimination and harassment are prohibited in the California workplace under the Fair Employment and Housing Act (FEHA).

Uninhabitable Conditions in California - The Right of a Tenant To Move Out And Break Their Lease

  June 10, 2015     By The Law Offices of R. Sebastian Gibson
In certain circumstances, California Civil Code Section 1942 allows a tenant or lessee to move out of a rented property without prior notice when the property is uninhabitable. A rented property must be fit for humans to live in. When it is so unhealthy as to be a danger to the renter, the renter has the right to leave the premises even when there is a lease. However, there are steps to take before doing so in order to support your claim that the property is uninhabitable.

Personal Injury Attorneys In California Need To Be On The Lookout For Legionnaires’ Disease

  June 9, 2015     By The Law Offices of R. Sebastian Gibson
Few people realize Legionnaires’ Disease can occur in nearly any location. The first reported outbreak of Legionnaires’ Disease outbreak was at a Legionnaires Convention at a hotel in Philadelphia in 1976. Since then, outbreaks have been traced in California and other states to building water systems, spas and pools, fountains, and ventilation and cooling systems in hospitals, nursing homes, apartment complexes, shopping centers, fitness centers, dental offices, and individual homes.

When to Retain an Attorney for a Missing Child in California and for What Purposes

  June 8, 2015     By The Law Offices of R. Sebastian Gibson
Each year, nearly 1.3 million children are reported missing. Fortunately, most missing children are returned home in a short period of time. In any missing child case, you must act quickly. The first 48 hours are crucial. You must move quickly and decisively. Rather than hiring an attorney to coordinate your search, save your resources. If later, you need advice on specific points of law, you may want to consider using a lawyer to advise you only in a limited role.

Workplace Sexual Harassment As Defined by the Fair Employment and Housing Act (FEHA)

  May 18, 2015     By The Law Offices of Jual F. Reyes
One of the most common forms of workplace harassment in California takes the form of sexual harassment. Like any other form of harassment, it is prohibited in the workplace pursuant to the California Fair Employment and Housing Act (FEHA). Sexual harassment is defined as any unwanted sexual advances and offensive behavior that are sexual in nature.

Removing a Shareholder from a Business

  May 12, 2015     By Matt Dickstein, Business Attorney
Here is the flow of issues when a shareholder is removed from a business: Termination of employment → Buy-back of shares → Non-competition → Claims for unfair oppression. Let’s start at the beginning, which is the end of employment.

The Federal Sentencing Battle

  April 30, 2015     By The Law Office of Russell S. Babcock
The overhaul of federal sentencing law with the enactment of the United States Sentencing Guidelines, (U.S.S.G.) , had a noble but flawed goal The basic idea was that sentencing uniformity and therefore fairness could be achieved by reducing the myriad acts of criminal behavior and offender characteristics to a number.

Hit and Run Accidents - Why and How to Protect Yourself

  April 17, 2015     By Lem Garcia Law
Almost half of all car accidents in Los Angeles involve a hit and run driver. Don't be a victim and shoulder the damages on your own. Learn how to protect yourself.

Setting up Your Wills and Trusts with an Estate Attorney

  April 16, 2015     By Hanecak, P.C.
If you or someone you love is planning their estate, it can be a difficult and complicated process trying to wade through all the legal rules and regulations that pertain to writing your will and related documents. Setting up wills and trusts can be especially difficult because the task is often mixed in with a variety of issues such as ill health, complicated family histories, and other emotional dilemmas, which are commonly faced toward the end of a lifetime.

A Car Accident Lawyer is a Specialized Personal Injury Lawyer

  April 14, 2015     By King Aminpour Law Firm
A personal injury lawyer is someone who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity.

Is a Medical Malpractice Attorney the Same as a Wrongful Death Attorney?

  April 14, 2015     By King Aminpour Law Firm
If you or someone you know has recently lost a loved one due an incident of ‘Medical Malpractice’ – you may be wondering what your legal options are, and what type of attorney to consult with in order to get the legal advice you need. There are two types of attorneys you might want to consider and should contact in order to get the necessary legal advice to decide your best course of action.

Update: “Regulation A+” Approved by SEC

  April 9, 2015     By Geraci Law Firm
The Securities and Exchange Commission (the “SEC”) has recently approved an amendment to Regulation A (“Reg A”). Previously, Reg A was a small scale public offering of “unregistered securities” capped at $1.5 million in twelve months. Today, Reg A has been modernized into “Reg A+”. The SEC created two tiers within Reg A+: Tier One and Tier Two.

What is a Medical Malpractice Lawyer?

  April 9, 2015     By King Aminpour Law Firm
If you or someone you know works in the medical field, you may have heard the term ‘Medical Malpractice’ – and you may be wondering “what is a Medical Malpractice Lawyer?”

What you and your Personal Injury Lawyer Need to Know when Filing a Lawsuit

  April 9, 2015     By King Aminpour Law Firm
You need to take immediate action by hiring a personal injury lawyer if you have been involved in an accident or suffered an injury. Keep notes about the incident and your injuries Preserve and protect any evidence you may have and take pictures as well. Get a copy of the police report and use it. Most importantly, meet with an experienced personal injury lawyer.

When Is it Time to Call a Personal Injury Attorney and How Can an Accident Attorney Help You?

  April 8, 2015     By King Aminpour Law Firm
You don’t always know when to get an accident attorney. After all, if someone else's negligence has injured you or caused you harm, even if it was an accident, you are still the one left to pick up the pieces. Accident or not, if someone else is liable then they should have to be held responsible for what you are missing out on.

If You Have Been in a Car Accident, You Need a Car Accident Lawyer

  April 8, 2015     By King Aminpour Law Firm
What goes through your mind when you think of a car accident? If you are like most people it’s probably not which car accident lawyer should I use, but this question can be the difference between receiving the compensation you so rightfully deserve or suffering loss and losing your quality of life.

A Run through of the Logistics of Becoming an Auto Accident Lawyer

  April 8, 2015     By King Aminpour Law Firm
Have you ever asked yourself what it takes to become an auto accident lawyer? You don’t just wake up one morning and think to yourself I’m going to be a lawyer and I’m going to specialize in auto accidents because that would be awesome! I suppose for some that may be true, but in the end I think there might be more to this whole lawyer thing.

To Hire an Accident Attorney or Not to Hire an Accident Attorney

  April 8, 2015     By King Aminpour Law Firm
An auto accident attorney knows all the ins and outs of filing a personal injury claim. You should not have to deal with the stresses of legal paperwork while you work to piece your life back together after a serious auto accident. Although the benefits of hiring an accident attorney go far beyond the reaches of legal paper work.

Mitigation of Damages in Employment Case in California

  April 7, 2015     By The Rubin Law Corporation
As a general rule, civil law strives to make an injured party whole, no more and no less. Courts will reduce an award of damages where they determine that the plaintiff failed to take basic steps after the injury to minimize the harm suffered. This responsibility borne by the plaintiff is commonly known as the duty to mitigate damages, and it is a fundamental issue in any claim for wrongful termination.

What Can a Car Accident Lawyer do for You

  April 7, 2015     By King Aminpour Law Firm
A car accident can be a traumatic event whether or not you have suffered injuries. It can be emotionally distressful, you now may be scared to drive. Especially if you have suffered injuries due to a car accident it is in your best interest to contact a car accident lawyer near you.

How to Handle a Brain Injury Claim

  April 6, 2015     By King Aminpour Law Firm
If you have suffered a traumatic head injury it can be difficult for you to file a claim and receive the compensation that you truly deserve, because the injury may not be visible. A car accident lawyer can help you get the compensation you deserve after suffering any type of trauma you incurred after you have been involved in an auto accident.

How California Lawyers Will Assess Autonomous Self-Driving Vehicle Accident Liability

  March 30, 2015     By The Law Offices of R. Sebastian Gibson
Now may be the most dangerous time in the short history of self-driving autonomous vehicles when automakers are testing their autonomous self-driving vehicles on the roads and highways in California, across the country and internationally to work the bugs out of their systems. But how will California autonomous self-driving vehicle accident lawyers assess and prove liability in accidents involving these cars once more of them are on the road? This article begins to examine just that.

Cottage Food Operations under the California Homemade Food Act

  March 23, 2015     By The Law Offices of R. Sebastian Gibson
The California Homemade Food Act which went into effect January 1, 2013 has created a new category of food production called a cottage food operation. To qualify for a permit, aspiring food manufacturers need to attend a food safety class, pass an exam, learn how to label foods, pay a fee and submit to inspections. They can’t smoke or keep pets in their kitchens, certain hazardous foods are prohibited, and there is also a revenue limit.

Three Giant Steps Forward for Federal Criminal Law

  March 17, 2015     By The Law Office of Russell S. Babcock
While the country has been focused on ISIS and issues with domestic espionage, the current administration under United States Attorney General Eric Holder has made three major changes in federal sentencing law.

Are there Dangerous Products Lurking in Your Home?

  March 16, 2015     By Martinez & Schill LLP
In an investigation of recalled products last November, ABC News found that a typical product recall only recovers five to 20 percent of affected products. With hundreds of products recalled every year, it is very likely that you have a dangerous or defective product somewhere in your home.

Management Agreements for Surgery Centers

  March 13, 2015     By Matt Dickstein, Business Attorney
The key provisions of a Management Agreement for an ambulatory surgery center. Most surgery centers have a manager. Sometimes the manager is an outside management service organization (MSO) that specializes in surgery centers, and sometimes the manager is an insider entity owned by the founder / physicians of the surgery center.

Franchising for Medical, Dental and Veterinary Businesses

  March 13, 2015     By Matt Dickstein, Business Attorney
Explaining the legal issues for health care franchises. Medical, dental, and veterinary franchises exist in the marketplace, witness Doctors Express, Comfort Dental, and Banfield Pet Hospital. Let’s see if they’re legal.

The Most Dangerous California Highways in Orange County for Personal Injury Car Accidents

  March 4, 2015     By The Law Offices of R. Sebastian Gibson
In 2012 alone, there were over twenty thousand accident victims killed or injured in Orange County. While freeways seem as if they’d be the most dangerous, only about a third of the fatalities and serious injuries occur on the interstates. The majority of victims killed in Orange County accidents lose their lives on surface streets. We list the most dangerous intersections and highways in Orange County where you’re most likely to have your first, next or last and final accident.

What is the Duty and Standard of Care for Landscape and Tree Care Contractors

  March 2, 2015     By Rappoport Development Consulting Services LLC
Landscape and tree contractors may not realize their potential liability for work performed for a client. A particular problem is ignoring field conditions. Perhaps the contractor is unaware of their duty of care to avoid acts or omissions that would be likely to harm others. This article examines the duty of care for landscape, maintenance and tree care contractors and how they can satisfy the industry standard of care for field issues and repairs.

Trademark Law and Copyright Law - Their Use by Celebrities

  February 28, 2015     By The Law Offices of R. Sebastian Gibson
Because of the value of even the simplest phrase, celebrities today are utilizing copyright and trademark law to protect their intellectual rights in instances rarely before noticed. It is Copyright and Trademark Law which requires their lawyers to send cease and desist letters to unsuspecting entrepreneurs. A balance needs to be restored so celebrities can proceed against large scale pirates even if they don’t aggressively seek to protect their intellectual property rights in every case.

The Use of Forensic Psychiatry in Catastrophic Injury and Multi-Party Litigation

Catastrophic events will not cause the same emotional response or injury to occur among all persons who experience the same or similar events. Forensic psychiatric examinations including psychological testing early in the process can help validate or disprove plaintiffs’ claims.

California Same-Sex Couples Gain Rights, Face Challenges

  February 26, 2015     By The Law Office of Heather Cullen, APC
California's gay and lesbian couples can now legally marry but they still face challenges when it comes to divorce and family-related disputes.

Divorce Can Derail A California Family Business

  February 26, 2015     By The Law Office of Heather Cullen, APC
How a dissolution matter can effect a functioning family business in California.

Cheerleading Uniforms and Copyright Separability

  February 24, 2015     By Antonio R. Sarabia II
The application of copyrights to clothing.

The Effects of Brain Injuries on Children

  February 19, 2015     By Martinez & Schill LLP
The effects of a brain injury can be far more devastating in a child than in an adult patient. This is because a child's brain is still developing until age 25. An injury sustained by a still-developing brain can stall or even completely stunt the brain's growth.

How to Bring a New Partner into a Group Medical Practice

  February 13, 2015     By Matt Dickstein, Business Attorney
When bringing a new partner into your group medical practice, first think whether the new partner will fit in with the culture. Culture includes things like required coverage hours, the handling of employees, and the division of money. As always, let’s talk about the money.

How to Negotiate a Managed Care Contract

  February 13, 2015     By Matt Dickstein, Business Attorney
Managed care contracts are not take-it-or-leave-it deals. A physician practice can and should negotiate its managed care contracts. Read this article to learn how to do it. I focus on three major topics: compensation, exit, and unilateral actions by the payor.

Operating Agreements for California Surgery Centers

  February 13, 2015     By Matt Dickstein, Business Attorney
In this article, I explain the basic negotiation points in an Operating Agreement for a California ambulatory surgery center (ASC). I focus mainly on control and on exit (buy-sell).

New Rules For Patent Royalty Arrangements May Be Coming

  February 12, 2015     By Fulcrum Inquiry
Royalty arrangements within patent licenses have long been constrained by an almost 50 year old Supreme Court decision in Brulotte v. Thys Co that prevents collection of royalties after a patent has expired. The Justices have now agreed to revisit the precedent set by that often-criticized ruling in a current case, Kimble v. Marvel Enterprises, Inc.

California Dog Bites – What You Need to Know to Keep Yourself, Your Family, and Your Dog Safe

  February 9, 2015     By Martinez & Schill LLP
Dogs play many roles in our society. They sniff out drugs and bombs, guide the blind, and protect our properties. Most dogs, though, have only one job: to be a loyal, loving companion. It can be easy to forget that dogs still share many physical characteristics with wolves, the apex predators from which they have descended, and have the capacity to seriously injure or even kill a human being.

Federal Sentencing: Follow the Yellow Brick Road

  February 8, 2015     By The Law Office of Russell S. Babcock
When I think of a judge imposing a federal sentence, my mind often drifts to the Wizard Of Oz and that little masked man standing behind the curtain.

California Lawyers Weigh Lawsuits for Spread of the Measles Virus, Negligent Endangerment

  February 6, 2015     By The Law Offices of R. Sebastian Gibson
California legislators plan to introduce a bill to eliminate the personal belief exemption which allows California parents to refuse to vaccinate their children. Two U.S. senators also want to eliminate the religious exemption. Whether either change is enacted, daycare facilities who fail to protect others from unvaccinated children and parents who fail to vaccinate their children risk liability for any injuries or deaths caused by their child’s spread of the highly contagious measles virus.

Common California Family Law Questions Answered

  January 26, 2015     By Pinkham & Associates, APLC
Twelve common family law questions.

Less Talk, Less Liability

  January 20, 2015     By Matt Dickstein, Business Attorney
Don’t say it if you don’t have to, and never in writing.

Who Owns the Patient’s Medical Records in CA?

  January 20, 2015     By Matt Dickstein, Business Attorney
Who gets the patient medical records after a physician leaves a group medical practice? Here's a proposed structure that is fair and resolves the problem up-front for all sides.

Reduction in Federal Drug Penalties: “Just Say No”

  January 18, 2015     By The Law Office of Russell S. Babcock
Attorney General Eric Holder “gets it.” He understands that the federal prisons are full of non-violent drug offenders. During his administration, there has been the biggest overhaul of federal sentencing in drug cases in more than twenty years.

New Laws to Help Sexual Abuse Victims and Their Lawyers in California

  January 15, 2015     By The Law Offices of R. Sebastian Gibson
As a result of changes to sexual abuse laws in California and a more liberal statute of limitations, attorneys in California now have a greater chance to pursue perpetrators of sexual abuse and obtain justice for their victims. Thanks in part to greater public awareness of the problem, recent reports in the news, and more women willing to come forward after being abused, a greater number of abuse and molestation victims can at last obtain some measure of justice for the trauma they’ve endured.



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