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California Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in California

How to Press Charges After a Car Accident

Its estimated that every 17 years, we will be in a car accident severe enough to report to our auto insurance company.

USPTO Announces New Rules for Derivation Proceedings

The U.S. Patent and Trademark Office recently published final rules governing derivation proceedings. The new patent proceedings are designed to ensure that a person will not be able to obtain a patent for an invention that he or she did not actually invent once the new first-inventor-to-file system launches.

Former Employee Sentenced to Four Years in Prison for Motorola Trade Secret Theft

A former Motorola employee has been sentenced to four years in prison for trade secret theft. Hanjuan Jin’s sentence is one of the harshest in the history of criminal trade secret theft prosecutions.

Medical Negligence in Hospitals and Doctor’s Offices

With 225,000 people in the U.S. dying each year from medical malpractice and 1.5 million injured from medication errors in hospitals, doctor's offices, and nursing homes, medical negligence is a serious problem that needs to be addressed.

Bringing a New Partner into an Accounting Practice

This article gives an outline of how to bring a new accountant into an accounting practice. The author goes from common sense to legal advice, from the accountant’s purchase of ownership to the parties’ exit strategy and unwinding of the relationship.

May an Accountant Compete against His or er Former Practice?

If you are in a group accounting practice, you might wonder, “Can I or another accountant in this practice set up a competing practice?” “Will a non-competition agreement prevent it?” These questions are crucial both to the existing group and the accountant who would set up the competing practice.

Shareholder Buy-Sell Agreements for Accountancy Corporations

In this article, the author explains shareholder buy-sell agreements for accountants and accountancy corporations. A buy-sell agreement (also called a shareholders agreement) protects the corporation from the accountant/shareholders, specifically their death, loss of license, disability and dispute.

Hazardous Road Conditions

As motorcycle attorneys, we have been confronted with virtually every type of motorcycle accident imaginable, including those that arise from hazardous road conditions. Many times these motorcycle accidents are reported as driver error which is not always the case.

California Patent FAQ: What Are the Conditions for Obtaining a Patent?

Under U.S. patent law, an invention cannot be patented if: "(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent," or "(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States ..."

Erbs Palsy and Brachial Plexus Birth Injury

Children with Erb's palsy often have partial or total paralysis of their hand, arm, or face. The most common cause of Erb's palsy is dystocia, which happens from a brachial plexus injury during a difficult childbirth.

Supreme Court Remands Myriad’s Human Gene Patent Case

On the heels of its decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., the Supreme Court has remanded another controversial patent case back to the U.S. Court of Appeals for the Federal Circuit, which specializes in patent litigation.

Oracle v. Google IP Lawsuit: Who Won the First Round?

While the jury delivered a partial verdict in the copyright infringement phase of the Oracle v. Google trial, there is arguably still no clear winner. Because the jury did not decide the issue of fair use, Google is seeking a mistrial.

Is Social Media Putting Your Company’s Valuable Trade Secrets at Risk?

With the explosion of social media sites like Facebook, Twitter, and LinkedIn, it is likely that many of your employees use social media for both personal and business interactions. While these tools can be a great way to spread the word about your company’s products or services, they can also compromise proprietary information, including trade secrets.

Sex Crime- Defendant Has Right at Trial to Present Evidence of Alleged Victim’s Prior False Claims

A victim may motivated by revenge or spite or even offering to dismiss charges with bribery.

Resentencing of a Three Strikes Sentence Often Involves Difficult Document Gathering Challenges

Proposition 36 amended the state's Three Strikes Law due to overcrowding of state prisons.

Steps to Take if You Are Being Denied Overtime from Your Employer

  By Grey Law
In regards to overtime hours for employees, the United States Department of Labor in conjunction with the Fair Labor Standards Act have created stringent laws to protect workers throughout the nation, as well as enormous penalties for employers who don't abide by the regulations.

Supreme Court Brings California Closer to the Federal Expert Witness Admissibility Standard

In a unanimous opinion, the California Supreme Court clarified that trial courts may use either California Evidence Code Sections 801(b) or 802 to admit or exclude the expert’s testimony. Potentially, the Opinion widens California judicial authority to exclude expert testimony by placing California closer to the federal Daubert standard and the majority of other states that follow such standard.

2 Steps to Take When Served with a Summons and Complaint

Owning a business is not without certain legal risks. Businesses are vulnerable to the perils of being served with a business litigation summons and complaint at any time. Customers can think of all kinds of reasons to bring a lawsuit against a business.

Obama to Use Trademark Law to Protect Veterans

To help crack down on for-profit colleges and universities using fraudulent tactics to enroll military veterans, President Barak Obama is turning to trademark law. The White House recently announced that the President will sign an executive order that, among other things, orders the Department of Veterans Affairs to register “GI Bill” as a trademark.

Conviction Upheld for Possession of an Assault Weapon Although AK-47 Disassembled

The reader of this article may understand that a .50-cal weapon fires a very large round, one that probably can take down a hippopotamus or even perhaps an elephant. It is used in the military often to penetrate buildings with stucco and drywall (the author of this article is a former Marine with seven years of active duty service, including combat experience).

Joint and Sole Legal and Physical Child Custody Explained

If you and your child's other parent are separated or divorced, determining child custody is probably one of your primary concerns. Child custody comes in two forms – legal custody and physical custody.

USPTO Partners with Chinese Counterpart to Launch New Patent Pilot Program

Company who wants to safeguard its intellectual property rights in other countries must take additional steps to ensure international protection. To help streamline the process, the United States Patent and Trademark Office (USPTO) has entered into partnerships with countries across the world.

Enhanced Sentence Upheld on Appeal for Sex Crime Defendant Who Already Was a Penal Code § 290 Registrant

In 1994, California amended its law again so that any sex offense conviction-felony or misdemeanor-required continuous registration, regardless of expungement. This was Penal Code § 290.1 (1994).

Second-Time DUI Offender’s Prison Sentence Upheld on Appeal

Under AB109, also known as the Criminal Justice Realignment Act of 2011, California began a policy to reduce its prison population to ease over-crowding. The overcrowding was deemed by the U.S. Supreme Court to constitute cruel and unusual punishment for the prisoners and thus a violation of the U.S. Constitution’s Eight Amendment ban against cruel and unusual punishment.

Hiring an Injury Attorney in California

They advertise on daytime television, billboards, buses and benches. They are often called ambulance chasers or even worse. They are often the brunt of “lawyer jokes”, but when you or someone you love has been injured or killed in an accident, who do you call? That’s right, you call a lawyer. But, how do we know who is the right lawyer to call?

Wrongful Death Resulting from Medical Malpractice

Wrongful death lawsuits resulting from medical malpractice are filed when a patient dies as a result of the negligence of a doctor, nurse, medical professional or medical facility. This article will provide more information about California wrongful death claims.

California’s New Corporate Entities: Benefit Corporations and Flexible Purpose Corporations

A little over a year ago on January 1, 2012, California’s new corporate laws went into effect broadening the choices for corporations to include the following two new corporate entities: Benefit Corporations and Flexible Purpose Corporations. The effect of the new legislation was to allow companies that wish to pursue, both, social and economic objectives the ability to formally include those missions into their articles of incorporation.

Copyright FAQ: How Do I Protect a Photograph?

Thanks to the Internet, it is possible to share a photograph in a matter of seconds. However, this same technology also makes it easier for someone to use your photo without your permission or without paying a fee. Therefore, it is often necessary to take steps to protect it under copyright law.

Complete vs. Incomplete Spinal Cord Injuries

To clarify how much sensory and motor function is lost, after a patient experiences a spinal cord injury, physicians classify spinal cord injuries as either complete or incomplete.

Burn Injuries Explained

About 195,000 deaths are caused by burn injures each year worldwide. A burn is tissue damage caused by heat, chemicals, electricity, sunlight or nuclear radiation. Burns are most commonly caused by scalds, building fires and flammable liquids and gases.

What Are the Defenses to Possession of Child Pornography (Penal Code § 311)?

Make no mistake about it. Possession of child pornography (Penal Code § 311) is considered a serious crime. However, it is subject to many defenses, regardless of whether defendant faces federal charges or state charges.

Apple Patent Success Not Spreading Overseas

Apple Inc.’s recent blockbuster $1.05 billion verdict in its patent infringement lawsuit against Samsung Electronics Co. may not translate into victories overseas. Apple and Samsung have patent litigation currently pending on four continents, and each company has been able to claim some measure of success in recent weeks.

What To Do If Your Ex Owes You Child Support?

Whether the parents of a child maintain a relationship or not, they are legally required to provide for their child. Child support is the financial obligation that a non-custodial parent has to his or her child's custodial parent, to be used solely for the care of the child. The non-custodial parent is required to make regular payments, regardless of where they live.

17 Year Old May Be Charged as an Adult with Federal 2nd Degree Murder Based on Lay Testimony

Congress established six factors that a district court must consider to determine if such a transfer is in “the interest of justice.”

Motorcycle Accidents - Crazy Fault Issues

Have you been in a motorcycle accident that you feel was not your fault yet the offenders insurance company is saying it is?

Kernicterus, Athetoid Cerebral Palsy, and Severe Jaundice with Babies

Kernicterus is a dangerous neurological condition that can develop if a baby with very high bilirubin levels, leading to severe jaundice is not immediately treated. Kernicterus causes severe and irreversible brain damage. Kernicterus can be prevented.

Defendant Removed from Courtroom Not Entitled to Have Audio Video Feed to Hear or See Testimony in Trial

Defendant appealed his conviction on multiple grounds, however, this article will limit its scope to Defendant’s argument that his state and constitutional due process rights to a fair trial were violated by not being provided a video or audio feed of trial proceeding after he was removed from the courtroom. Defendant had moved earlier for a mistrial on such grounds, but that motion was denied.

Accountant Employment and Independent Contractor Agreements

In this article, the author first discusses when an accountant is a contractor as opposed to an employee. Second, he looks at the essential terms of an accountant employment contract and an accountant independent contractor agreement.

Legal Compliance Checklist for an Accountancy Corporation

This article gives you a legal compliance checklist for your accountancy corporation.

Should You Incorporate Your Accounting Practice?

What are the costs and benefits of forming an accountancy corporation?

2013 California Employment Laws

In September 2012, California Governor Jerry Brown enacted a number of laws relating to employment law. It is important that employers are familiar with the changes in order to ensure compliance. The following list includes that changes made which, unless stated otherwise, will go into effect January 1, 2013.

What is Meeting a Child for Lewd Purposes (Penal Code § 288.4)?

Penal Code § 288.4 is a “wobbler,” meaning it can be filed as either a misdemeanor or a felony, depending upon the facts of the case and the client’s criminal history. It is most often filed as a misdemeanor if the defendant has absolutely no prior criminal history (excluding minor traffic offenses such as speeding or parking tickets).

Apple Granted Injunction in Patent Lawsuit Against Samsung

Apple has been awarded a preliminary injunction in its ongoing patent infringement lawsuit with Samsung Electronics. The injunction prohibits the sale of Samsung’s Galaxy Tab 10.1 tablet computer in the United States.

Man Who Impersonates Female’s Boyfriend while Having Sex Is Improperly Convicted of Rape

Accordingly, the conviction was reversed and the matter was remanded for retrial, with instructions to the trial court to remove that part of the subject jury instructions which said, “or not aware of the essential characteristics of the act because the perpetration tricked, lied to, or concealed information from her.”

How Does Domestic Violence Affect Custodial Rights to Children in California?

Domestic violence is being referred to as an epidemic in the United States, and more than three million children witness acts of domestic abuse every year. Domestic violence is emotionally scarring for victims, especially when children are involved. It is important for anyone involved in a family law case to understand the implications of domestic violence and how it affects child custody in California.

NBA’s Number One Draft Pick Trademarks Unibrow

The NBA’s number one draft pick is a smart guy, both on and off the court. Even before being drafted by the New Orleans Hornets, Anthony Davis, famous for his connected eyebrows, filed trademark applications for the phrases “Fear The Brow” and “Raise The Brow.”

Federal Judge Incorrectly Classifies Crack Seller as Career Offender

The U.S. sentencing guidelines defined “controlled substance offense “as an offense “as an offense punishable by a term exceeding one year, that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or counterfeit substance) with intent to manufacture, import, export, distribute or dispense.”

Cerebral Palsy in Newborns and Medical Malpractice

Cerebral palsy is one of the most serious birth injuries that can affect children and families.

Premises Liability Law and Personal Injuries

There are several dynamic elements to pay attention to when it comes to personal injury law. Lawsuits involving injuries require the attorney to pay close attention to the location of where the injuries occurred. Whoever the owner is of the premises where an individual sustains a personal injury is liable for any financial damages associated with that injury.

Automobile Congestion and Accident Risks

Auto related accidents involving serious to fatal injuries happen every day in and around Los Angeles. The most common cause of auto accidents, no matter where they occur, is operator error. Whether they’re overcompensating for road conditions or simply not paying attention to the road, vehicle operators improperly operating their vehicles is among the biggest causes of auto related accidents.

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