Monthly Archives: July 2013

Supreme Courts Rule of Retaliation Standard

U.S. Supreme Court & California Supreme Court Rule in Favor of Employers on Retaliation Claims Two recent decisions made by the U.S. Supreme Court and the California Supreme Court ruled in favor of employers on the issue of retaliation in … Continue reading

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Disclosing Material Errors to Opposing Counsel

Does an Attorney Have a Duty to Disclose to Opposing Counsel a Material Error in a Contract? Does an attorney have a duty to disclose to opposing counsel a material error in contract language or a material change made by … Continue reading

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Clarification of “Salary” versus Hours Worked

A Compensation Scheme Based Upon The Number Of Hours Worked Does Not Constitute A “Salary” A recent California Appellate Court decision clarifies whether the method of compensation may be used to determine if an employee is salaried. In Negri v. … Continue reading

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Brokers Cannot Act for Insurer – Not Liable for Insureds Noncompliance

Court of Appeals Clarifies the Broker-Insurer Agency Relationship & Holds Insurers Are Not Liable For Insured’s Failure to Comply With Terms of Policy On May 31, 2013, the Court of Appeals ruled that insurance brokers may not act on behalf … Continue reading

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Does The Crime-Fraud Exception Apply To Privileged Communications Inadvertently Disclosed?

What should an attorney do if they receive from a non-party a confidential communication between opposing counsel and opposing client, and the attorney believes the communication may not be privileged due to the crime-fraud exception to the attorney-client privilege? This … Continue reading

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