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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.

What Police are Looking for in a DUI Driver

  January 14, 2015     By Kraut Law Group
Under the Fourth Amendment of the United States Constitution, police are not allowed to simply stop any car in order to investigate the driver for a DUI offense. Both the U.S. and California Supreme Courts have held that officers must have reasonable or probable cause that the driver is violating the law before pulling a vehicle over. A traffic stop based on a mere suspicion or idle curiosity is not valid, and an officer needs an objectively reasonable basis for stopping a vehicle.

Events, Nightlife, Attractions and Hospitality Law Palm Springs Style

  January 13, 2015     By The Law Offices of R. Sebastian Gibson
In the past lawyers for the hospitality and entertainment industry, for restaurants, hotels, festivals, events, and attractions in California handled matters such as food safety, contracts with entertainers, alcohol regulations, or injuries on hotel properties. Hospitality and entertainment lawyers in places like Palm Springs today must also seek to protect guest confidentiality and safety at live music pool parties, film and music festivals, major sporting events and more.

Satire and Parody, Publishing Law in California and England

  January 9, 2015     By The Law Offices of R. Sebastian Gibson
In the aftermath of the horrific and deadly attack on the offices of Charlie Hebdo in Paris on January 7, 2015, we examine why parody and satire are cherished forms of free speech and how they are protected by U.S. and U.K. law. When an aggrieved target of satire or parody sues for defamation, or a copyright holder sues when their work is contained in a mashup, can parody, satire, or fair use be utilized as a defense by an attorney? In the U.K., it will help if the parody is funny.

Publicity Rights and The Right of Privacy, California Entertainment Law

  January 7, 2015     By The Law Offices of R. Sebastian Gibson
The right of publicity is the right of every human being to control the commercial use of his or her identity. When that right is infringed, the individual’s publicity rights have been violated. The right of privacy is the right not have your name or likeness appropriated by another without your permission, your privacy intruded, your private information to be made public, and to not be placed in a false light. In California, damages can be pursued by an attorney for these infringements.

How An Experienced Lawyer Can Protect A Comic Book Creator And Writer in California

  January 6, 2015     By The Law Offices of R. Sebastian Gibson
The client who creates a comic book character and goes on to develop a character that can be licensed to third-party publishers, to the film and television industry and to the interactive game industry, isn’t simply creating content. They’re creating intellectual property the ownership of which needs to be carefully protected so all the revenue streams from that content can be potentially licensed and controlled by the comic book creator and his or her company.

Understaffing and Undertraining in Nursing Homes: Results Can Be Deadly

  January 6, 2015     By The Evans Law Firm, Inc.
Recently, an 82-year-old woman died in a hospital after developing severe dehydration, malnutrition, bruising, and cuts, all of which could have been avoided, had the staff been more attentive and better trained.

Elder Abuse: Underreported and On the Rise

  January 5, 2015     By The Evans Law Firm, Inc.
Two million and counting elders suffer from elder abuse every year in the United States. However, with elder abuse on the rise, and the fact that elder abuse are often not reported, the actual number can exceed 2 million.

Pedestrian Fatalities and Injuries in the Coachella Valley Cause Concern

  January 3, 2015     By The Law Offices of R. Sebastian Gibson
Pedestrian accidents, both with fatalities and injuries are on the rise in the Coachella Valley and officials are concerned. There has been a rash of hit and run accidents all over California this year and the Coachella Valley has not been immune. But it is the total number of pedestrian accidents, hit and run and otherwise that is causing city leaders to consider what can be done to prevent further death and injury to the desert’s residents.

CA New Bike Law Not Yet Preventing Coachella Valley Bicycle Accidents and Injuries

  January 2, 2015     By The Law Offices of R. Sebastian Gibson
On September 16, 2014, California’s new bike law went into effect requiring motorists to give bicyclists three feet of distance when passing a bike rider. Since the law passed, bicycle collisions continue to occur. Motorists are likely to be cited for breaking the three feet law only if a deputy witnesses the accident. With the initial publicity of the law fading, many drivers remain unaware of the law. And bicyclists will need to continue to look out for drivers coming too close.

A History of Bus Crashes with Ties to Palm Springs and Palm Desert

  December 30, 2014     By The Law Offices of R. Sebastian Gibson
The bus crash everyone in Palm Springs remembers most is the bus crash of July 31, 1991 that killed 7 and injured 53 when a chartered school bus carrying Girl Scouts and their chaperones skid 400 feet, overturned, careened off the Palm Springs Aerial Tramway Road, and tumbled down an embankment after its brakes failed. That crash was only one of a number of bus crashes with ties to Palm Springs and Palm Desert. As bad as it was, the FedEx bus crash in 2014 may have even been more horrific.

What Constitutes Probable Cause for a DUI Stop?

  December 29, 2014     By Kraut Law Group
Many people are surprised to learn that law enforcement officers are not simply allowed to stop any vehicle they see on the road.

Pleading No Contest to DUI

  December 29, 2014     By Kraut Law Group
When a person is charged criminally with a DUI offense there are several different pleas that he or she can enter in court.

CA Hwy 74 Motorcycle Injuries, Fatalities and Vehicles Going Over the Side

  December 28, 2014     By The Law Offices of R. Sebastian Gibson
The stretch of Hwy 74 that runs from Palm Desert toward Mountain Center and then toward Idyllwild as Hwy 243, is a scenic paradise with views of both the desert floor and the pine trees and firs that greet you as you get closer to the Mountain Village of Idyllwild. Known as the Palms to Pines Highway, it is a magnet for motorcycle riders who love the challenge presented by the curves in the road that take them in both directions. It’s also a death trap for the unwary or inexperienced rider.

CA Hwy 86 Injuries and Fatalities, Once Again a Killer Highway

  December 26, 2014     By The Law Offices of R. Sebastian Gibson
Hwy 86 runs from Interstate 10 to Calexico. It passes through Indio, Thermal, Brawley and El Centro. Once known as “The Killer Highway,” stoplights were installed at some intersections to prevent broadside collisions. Anyone who’s driven the highway, knows it’s still dangerous because of the cross traffic. Now, once again, the highway is taking its toll.

Three Important, Commonly Misunderstood Concepts in California Employment Law

  December 26, 2014     By The Law Office of Arkady Itkin
Defining and discussing three of the most important and commonly misunderstood terms in California employment law - wrongful termination, discrimination, and harassment/hostile work environment.

I-10 Big Rig Crashes and Tractor-Trailer Rollovers in the Coachella Valley

  December 23, 2014     By The Law Offices of R. Sebastian Gibson
The truck speed limit on the I-10 through the Coachella Valley is 55 mph. Most truckers drive through the valley at faster speeds. It would be easy to blame all of the big rig crashes and tractor-trailer rollovers in the Coachella Valley on speed, but there are too many other factors, including the negligence of others. With trucks that can weigh as much as 80,000 pounds, the passengers in cars and pickups they hit have a lesser chance to survive.

Cathedral City CA Hit and Run Accidents and Fatalities, a Coachella Valley Tragedy

  December 22, 2014     By The Law Offices of R. Sebastian Gibson
The families of hit and run victims in Cathedral City and their attorneys just want answers. How can a bicyclist be hit by a hit and run vehicle, then a second pedestrian be hit by the same vehicle just moments later, then hit a second time by a paramedics vehicle transporting the first victim, and then hit yet by yet a third hit and run vehicle? These deaths in October 2014 would be just two in a string of recent hit and run wrongful deaths in the Coachella Valley.

Distracted Holiday Shoppers Causing Car Accidents and Pedestrian Injuries

  December 22, 2014     By The Law Offices of R. Sebastian Gibson
It’s that time of year, Christmas, that dangerous time in California for drivers and pedestrians which accident attorneys and insurance adjusters know all too well. It’s Christmas. People in cars and pedestrians alike are distracted. They’re shopping, and coming from Christmas parties. Some are unfamiliar with the roads. Others forget what to do when it starts to rain.

What is Retrograde Extrapolation?

  December 22, 2014     By Kraut Law Group
Retrograde extrapolation is the scientific and mathematical process used by chemists and toxicologists to estimate what a person’s blood alcohol content was at a specific time based on test results obtained at a later period of time. In the context of DUI cases, it is often used to determine whether or not a driver had a BAC of 0.08 or higher at the actual time of driving based on what the BAC was at the time of testing.

The Christmas Tort, For Christmas Dishes You’ve Had to Eat and Lies You Were Told

  December 21, 2014     By The Law Offices of R. Sebastian Gibson
It’s time to give personal injury lawyers a tort that can improve the lives of people at Christmas. How long are family members going to suffer at Christmas after being served dishes that should have stayed in the 50's, for lies told to them by their parents, and for Christmas traditions they never agreed to take part in, without being able to obtain some type of relief for the distress, the stomach pain and heartburn they’ve endured? Well no more. It’s time for the Christmas Tort.

Twentynine Palms Marine Accidents and Fatalities on CA Hwy 62, The Killer Highway - A Personal Injury Tragedy

  December 20, 2014     By The Law Offices of R. Sebastian Gibson
At least 182 people have died on CA Hwy 62 since 2002. More than 90 lives have been lost since 2007. The risks of dying on Hwy 62 make this highway a dangerous road to travel and the stretch of Hwy 62 from 29 Palms to Palm Springs one of the most dangerous stretches of highway in California. Marines from the Twentynine Palms Marine Corps Air Ground Combat Center and personal injury attorneys who represent grieving families know all too well what is known as “The Killer Highway.”

Doing Business in Cuba

  December 19, 2014     By The Law Offices of R. Sebastian Gibson
In January 2015 the Treasury Department issued regulations to establish banking relations and allow U.S. companies to export items for sale in Cuba without the trade barriers that have existed for decades. While some Republican leaders have criticized Obama’s actions, normal relations with Cuba are only a matter of time and the opportunities for attorneys representing American and European companies wishing to pursue commercial opportunities in Cuba have never been greater.

Personal Injury Lawyers Know Your Legal Rights After a Car Accident Injury

  December 19, 2014     By King Aminpour Law Firm
If you are not familiar with the legal rights you possess after being injured in an automobile accident it is most likely in your favor to find a car accident lawyer to work on your behalf.

What Can a Car Accident Lawyer Do for You?

  December 19, 2014     By King Aminpour Law Firm
Finding a car accident lawyer may be more difficult than you had initially thought, but the end result of finding the best lawyer for you is more than worth it.

Tips for Staying Safe on California Roads During the Holiday Season

  December 19, 2014     By Martinez & Schill LLP
This is the time of the year when California's highways become full to capacity with parents, children, cousins, grandparents, and friends traveling through the state to be together for the holidays.



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