Hiding Assets in California
June 02, 2017
Often, asset protection advice is bereft of any discussion of California exemption statutes — which often provide the most efficient and safest asset protection. But to properly protect an asset in California, it's generally best to understand and maximize exemptions.
The Dire Financial Consequences of Misclassifying Your Employees
June 02, 2017
<b><I>Looking at a Case in Florida</I></b><p>In February of this year, a Florida appeals court upheld a decision by Gov. Rick Scott's administration that Uber drivers are independent contractors and not employees. In terms of the law, the decision was hardly revolutionary. It did, however, highlight the importance of properly classifying workers. Indeed, failure to properly classify workers can have staggering financial consequences for a business that operates on a model that relies heavily on a large number of independent contractors.
Second Circuit Upholds Ban on Private Investment in Law Firms
June 02, 2017
A federal appeals court in March rejected an attempt to loosen restrictions on private investment in the legal industry. The decision, which affirms a 2015 district court ruling, is a blow to Los Angeles-based personal injury firm Jacoby & Meyers, which has fought a nearly six-year legal battle against the prohibition on non-lawyers investing in law firms and sharing in legal fees.
Five Secrets to Drafting an Effective Default Lease
June 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>This article contains some of the lesser-known, creative clauses used to ensure either payment of rent and compliance, or a swift eviction of the commercial tenant. They are what the authors call "tools of the effective default clause."
Corporate FCPA Enforcement in the Era of Trump
May 25, 2017
<b><I>Part Two of a Two-Part Article </I></b><p>
As the penalties being extracted by the United States from multinational corporations for violations of anti-corruption statutes have skyrocketed in recent years, an increasing number of other countries have begun to pass or enhance their own laws prohibiting, among other things, bribery of foreign officials, and have increased the financial penalties applicable to businesses that violate those laws.
The State of Data Breach Litigation and How to Avoid It
May 02, 2017
The number of records compromised in data breaches in 2016 increased an astounding 86% over 2015 breaches. This has led to numerous data breach litigations in the civil and regulatory context. What are the major cases and trends from 2016? And what can organizations do to try to reduce their risks of breaches and litigations?
FTC's Letter to Paid 'Influencers'
May 02, 2017
In the digital age, the Federal Trade Commission (FTC) has been keeping tabs on the growing trend of brands hiring so-called "influencers" — athletes, celebrities and others with large followings — to promote their products on social media. In April, the FTC turned its attention downstream to the "influencers" themselves, sending 90 letters to influencers and marketers informing them of their responsibility to "clearly and conspicuously" disclose the business relationships behind social media posts.
State of the Industry: E-Discovery and Cybersecurity
May 02, 2017
<b><i>Part Two of a Three-Part Article</b></i><p>Examining the current similarities between e-discovery and cybersecurity and details how the history of e-discovery mirrors the present of cybersecurity and is a predictor of future patterns in the cybersecurity staffing market.
Institutional Deliberate Indifference
May 02, 2017
<b><I>Proving Constitutional Violation</b></i><p>Part Two of a Two-Part Article</I></b><p>Conclusion of a discussion about <I>Glisson v. Indiana Dept. of Correction,</I> in which Alma Glisson, whose son Nicholas died while in prison, sued the correctional facility for employing the services of medical contractor Correctional Medical Services, Inc. (Corizon).
