Legal Articles, Arbitration
What is a Default Judgment?
This article provides an overview of what happens when a defendant in a civil action fails to respond to the complaint served on him/her.
Strategic Lawsuits Against Public Participation (SLAPP)
SLAPP is an acronym for "strategic lawsuit against public participation." See, Jarrow Formulas, Inc. v. LaMarche, 31 Cal. 4th 728, 732, fn. 1 (2003). Basically, a SLAPP is a lawsuit that has the effect to chill exercise of protected free speech.
What is a "Nunc Pro Tunc" Order?
"Nunc pro tunc" is a Latin phrase which literally means "now for then."
“CERTIFYING” DOCUMENTS VIA THIRD-PARTY SOFTWARE: BINDING ON THE COURT?
“CERTIFYING” DOCUMENTS VIA THIRD-PARTY SOFTWARE: BINDING ON THE COURT?
Published in The Florida Bar Journal – September/October, 2013 Vol 87, No. 8.
Insurance Coverage For Business Interruption Due to Coronavirus
Do you have coverage for lost business under your general liability policy's business interruption provisions?
Good Faith Myth
A defense often used in financial elder abuse cases is a statement that says something like, "I only did what he wanted me to do." This "good faith" defense is no longer an automatic defense. The law on financial elder abuse has slowly evolved to hold people accountable for financial elder abuse even when the bad-actor claims he or she was acting good faith. This article shows the changes in the law and how bad-actors who act in "good faith" can still be held accountable.
Successor Trustee Privileged Information - What's Said in the Office of Trustee Stays in the Office of Trustee
A successor trustee is permitted to hire legal counsel at the expense of the trust. However, if that trustee is replaced with another trustee, the privileged information shared with the first trustee will transfer to the new trustee except in limited circumstances. This article explains when the attorney client privilege changes to the new trustee and the few instances where the privilege remains with the old trustee.
Accessing the Black Box - Attorney-Client Privilege in the Area of Estate Litigation
While the doctrine of attorney-client privilege usually functions as an inaccessible black box, there are a few exceptions that apply in the area of estate litigation. This article first sets the foundation for what attorney-client privilege actually entails. From there, the article explains each of the few exceptions that apply in estate litigation. In the end, the law is interest in the decedent's wishes, and to know those wishes it is sometimes necessary to open the black box of attorney client privilege
Director and Officer Liability Requires Intentional or Knowing Violations
The Nevada Supreme Court has just made director and officer liability harder to reach.
Congratulations to Ehrenstein|Sager for being selected by The National Trial Lawyers
Ehrenstein|Sager - Members of The National Trial Lawyers Top 100 and Top 40 Under 40
