Legal Articles and Summaries of Key Areas of the Law

Table of Contents

  1. American Litigation

    1. Basic Procedures
    2. Discovery Issues
    3. Cost Benefit Issues
    4. Alternative Dispute Resolution
    5. Enforcement of Judgments

  2. Business Law
    1. Business Operations
    2. Business Formation
    3. Business Law / Litigation
    4. Employee Relations
    5. Tax Issues

  3. Corporate / LLC / Partnership Law
    1. Structural Issues
    2. Tax Issues
    3. Control Issues
    4. Employee Issues
    5. Sale of Interests
    6. Fiduciary Duties
    7. Terminating the Entity

  4. Unfair Competition Law
    1. Threats From Competitors
    2. Threats From Within

  5. Contractual Law
    1. Basic Law of Contracts
    2. Breach of Contract
    3. Contracts and Torts

  6. Employment Law and Issues
    1. Basic Law of Employment
    2. Problems in the Workplace
    3. Laws Imposing Special Requirements

  7. Criminal Law in the United States
    1. Criminal Law
    2. Criminal Process

  8. Wills and Trust Documents Law
    1. Basic Law on Wills and Trusts
    2. Living Wills and Powers of Attorney
    3. Disputes Concerning Estates and Wills
    4. Trusts
    5. Community Property
    6. Family Care

  9. Trust and Estate Administration
    1. Probate of Estates
    2. Duties and Law Regarding Trustees and Executors

  10. Construction Law / Litigation
    1. Contract Issues
    2. Liens and Stop Notes
    3. Construction Law Issues

  11. Torts
    1. General Torts
    2. Business Torts

  12. Intellectual Property
    1. General Law on Intellectual Property
    2. Technology and Intellectual Property

  13. Real Property Transactions
    1. Buying and Selling Real Estate
    2. Leases
    3. Notes and Deeds of Trust
    4. Legal Actions Regarding Real Estate
    5. Rights Not Based on Contract

  14. Real Property Litigation
    1. Property Rights Disputes
    2. Landlord-Tenant Issues

  15. Consumer Rights and Remedies
    1. Business, Purchase and Credit Problems
    2. Personal Problems

  16. International Law
    1. Contractual Issues
    2. Regulatory Issues

  17. Bankruptcy and Insolvency Law
    1. Bankruptcy Issues
    2. Insolvency Issues

  18. Immigration Law and Practice
    1. Business and Immigration
    2. Personal Issues

  19. Family Law
    1. Dissolution of Marriage
    2. Community Property
    3. Prenuptial Agreements
    4. Child Custody and Visitation

  20. Lessons from the Combat Zone - Lawyer's Stories with a Moral

 

[ Top ]

  1. American Litigation
    1. Basic Procedures
      1. The American System of Litigation
      2. The Attorney Client Privilege
      3. Death of a Party in Litigation - What Happens to the Action
      4. 998 Offers in California Litigation - The Basics
      5. Constructive Fraud and Other Legal "Constructs"
      6. Default Hearings: Not Always a Slam Dunk
      7. Suspension of a California Corporation Bars It From Using California Courts
      8. Peremptory Challenges to a Judge in California
      9. The Basics of Small Claims Actions in California
      10. Getting to Trial With Preference if a Party is Elderly
      11. Service by Publication - The Legal Requirements
      12. Abuse of Process - The Basics and the Practicalities
      13. Secret Recording of Conversations in California - A Crime
      14. Subrogation - The Basics
    2. Discovery Issues
      1. Computer Discovery - Your Hard Drive is Fair Game in any Litigation
      2. Hard Drive Discovery in Litigation
    3. Cost Benefit Issues
      1. What's the Case Going to Cost?
      2. Cost Benefit Criteria in American Litigation
      3. The Grudge Fight - The Legal Equivalent to a Temper Tantrum in a Court of Law
      4. The Basics of Small Claims Actions in California
    4. Alternative Dispute Resolution
      1. Arbitration and Mediation - The Difference and the Tactics
      2. Arbitration of Business Disputes
      3. The Use of Alternative Resolution in the Bankruptcy Arena
      4. Confession of Judgment - The Basics
    5. Enforcement of Judgments
      1. Debt Collection - The Tools Available for Enforcement of a Judgment
      2. Transfers to Defraud Creditors - The Law and the Practicalities
      3. Non-Dischargeability in Bankruptcy of Certain Claims Based on Intentional Wrongdoing
      4. Community Property Debts: When is the Spouse Liable for the Debt Incurred by the Other Spouse?
      5. Debt Collection in Hard Times
      6. Measurement of Damages in Breach of Contract Actions
      7. Recovering Fees and Court Costs: The "Memorandum of Costs"
      8. Confession of Judgment - The Basics
      9. How to Domesticate A California Judgment in A Sister State - The Maryland Example
      10. Accord and Satisfaction - The Basics
      11. Service by Publication - The Legal Requirements
      12. Trustees'/Executors' Duty to Pay Creditors - The Priorities Involved and Abatement
      13. Death of the Joint Tenant and the Extinguishing of Creditors' Claims

 

[ Top ]

  1. Business Law
    1. Business Operations
      1. The Basic Start Up Business Package: What You Need to Properly Start Operations
      2. Security and Confidentiality in the World of Email and the Internet
      3. Board of Directors Meeting - Who Can Attend?
      4. Disaster Recovery Plans for your Business and Computers
      5. LIBOR (London Inter-Bank Offer Rate) - What is it and How does it Work?
      6. When Should a Business Destroy Old Records?
      7. Criteria for Credit Scores in the Post Recession World
      8. The Fiduciary Duty: What Is It and What Does It Impose Upon You?
      9. Consumer Protection in California for Data Use and Data Theft (Senate Bill 1386)
      10. Debt Collection Restrictions Under Federal Law - The "Mini-Miranda Warning"
      11. Federal Deposit Insurance Company and its Protections of Accounts
      12. Laws Pertaining to Commerce on the Internet
      13. Good Will in the Real World: What Does it Mean in the Business Context?
      14. Business Startups While Protecting Your Assets
      15. Web "Trading Partner" Agreements: The Basic Why and How
      16. License Agreements: The Basics
      17. Assignments: The Basic Law
      18. Basic Summary of Characteristics of Various Types of Business Entities
      19. Accountants - Definitions and Licensing
      20. Fictitious Business Names - The Basics
      21. The Basics of Warranties
      22. A Primer on the Basic Law of E-Commerce
      23. Limited Liability Companies - The Basics
      24. The Law and Liability of Hotels
      25. Limited Partnerships - The Basics
      26. Product Liability - The Basics
      27. The Uniform Commercial Code - The Basic Structure
      28. Governmental and Private Licensing
    2. Business Formation
      1. The Basic Start Up Business Package: What You Need to Properly Start Operations
      2. The Non Profit Corporation - The Basics
      3. Corporation Formation Checklist
      4. Private Equity in Funding your Business
      5. Professional Corporations in California: Definitions and Practicalities
      6. Minimum Franchise Tax in California Waived for the First Year: the Basics and the Limitations
      7. Business Startups While Protecting Your Assets
      8. The Basic Rights and Benefits of Ownership of Stock In A Non Public Corporation
      9. Directors and Officer's Fiduciary Duties - California Versus Delaware
      10. Joint Ventures Compared to Partnerships: The Single Purpose Partnership
      11. Basic Summary of Characteristics of Various Types of Business Entities
      12. Buy and Sell Agreements - The Purpose and the Basics
      13. Accountants - Definitions and Licensing
      14. Fictitious Business Names - The Basics
      15. Partnerships: Their Pluses and Minuses
      16. Limited Liability Companies - The Basics
      17. Family Limited Partnerships - Purpose and Basics
      18. Assocations and Clubs
    3. Business Law / Litigation
      1. Arbitration of Business Disputes
      2. Usury Law in California
      3. Commercial Bribery in the U.S. and California - The Penalties
      4. Arbitration and Mediation - The Difference and the Tactics
      5. The Use of Alternative Resolution in the Bankruptcy Arena
      6. Verbal Contracts - Enforceable?
      7. Debt Collection in Hard Times
      8. The Federal Corrupt Practices Act - The Basics
      9. False Advertising or Labeling - The Remedies and Risks
      10. Deceptive Trade Practices: Definitions and Remedies in California
      11. Suspension of a California Corporation Bars It From Using California Courts
      12. Assignments for the Benefit of Creditors - "ABC's" - The Basics in California
      13. Bulk Sales Law for Sale of Assets in California
      14. Protection of On Line Business Reputation: The Law and Practical Remedies
      15. Confession of Judgment - The Basics
      16. How to Domesticate A California Judgment in A Sister State - The Maryland Example
      17. Video Surveillance Tapes: Access to Them and Privacy Issues Under California Law
      18. Basic Banking Law
      19. The New Rules for Credit Cards From the Federal Reserve
      20. Consumer Protection Laws - Practical Use
      21. The Law of Auctions
      22. Subrogation - The Basics
      23. The Uniform Commercial Code - The Basic Structure
      24. Conversion - The Basic Tort
      25. Extortion - Essential Elements and the Broader Reach of RICO
    4. Employee Relations
      1. Employee Theft - Guidelines for Spotting and Preventing It
      2. Video Surveillance Tapes: Access to Them and Privacy Issues Under California Law
      3. Secret Recording of Conversations in California - A Crime
      4. The Warn Act: Warning of Layoffs to Employees - The Federal and California Law
    5. Tax Issues
      1. Cancelling Debt: Practicalities and Tax Results
      2. Sub S Tax Status for Corporations and some Basic Structural Restrictions
      3. Minimum Franchise Tax in California Waived for the First Year: the Basics
        and the Limitations

[ Top ]

  1. Corporate / LLC / Partnership Law
    1. Structural Issues
      1. The Basic Start Up Business Package: What You Need to Properly Start Operations
      2. The American System of Business - Limited Liability Entities
      3. Corporation Formation Checklist
      4. Why Use The Corporate Structure
      5. Information Checklist for LLC Formation
      6. The Non Profit Corporation - The Basics
      7. Professional Corporations in California: Definitions and Practicalities
      8. Business Startups While Protecting Your Assets
      9. The Basic Rights and Benefits of Ownership of Stock In A Non Public Corporation
      10. Joint Ventures Compared to Partnerships: The Single Purpose Partnership
      11. Basic Summary of Characteristics of Various Types of Business Entities
      12. Buy and Sell Agreements - The Purpose and the Basics
      13. Fictitious Business Names - The Basics
      14. Partnerships: Their Pluses and Minuses
      15. Limited Liability Companies - The Basics
      16. Limited Partnerships - The Basics
      17. Family Limited Partnerships - Purpose and Basics
      18. Associations and Clubs
    2. Tax Issues
      1. Sub S Tax Status for Corporations and some Basic Structural Restrictions
      2. Minimum Franchise Tax in California Waived for the First Year: the Basics
        and the Limitations
      3. Accountants - Definitions and Licensing
    3. Control Issues
      1. The Business Judgment Rule for Corporate Director Fiduciaries
      2. Basic Duties of a Director in a California Non-Public Corporation
      3. Board of Directors Meeting - Who Can Attend?
      4. The Basic Rights and Benefits of Ownership of Stock In A Non Public Corporation
    4. Employee Issues
      1. Embezzlement in Your Business
      2. Corporate Opportunity Doctrine
      3. Assignments: The Basic Law
      4. Non Compete Clauses in California: Limitations
      5. Video Surveillance Tapes: Access to Them and Privacy Issues Under California Law
    5. Sale of Interests
      1. Good Will in the Real World: What Does it Mean in the Business Context?
      2. Selling the Business - Basic Issues to Confront
      3. Bulk Sales Law for Sale of Assets in California
      4. Buy and Sell Agreements - The Purpose and the Basics
      5. Non Compete Clauses in California: Limitations
    6. Fiduciary Duties
      1. The Fiduciary Duty: What Is It and What Does It Impose Upon You?
      2. Corporate Opportunity Doctrine
      3. The Business Judgment Rule for Corporate Director Fiduciaries
      4. Basic Duties of a Director in a California Non-Public Corporation
      5. Non Compete Clauses in California: Limitations
    7. Terminating the Entity
      1. Voluntary Dissolution and the Corporation's Power to Purchase Shares of Stock Via Corporations Code Section 2000
      2. Selling the Business - Basic Issues to Confront
      3. The Warn Act: Warning of Layoffs to Employees - The Federal and California Law

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  1. Unfair Competition Law
    1. Threats From Competitors
      1. Intentional Interference With Prospective Business Advantage: Elements of The Cause of Action
      2. Trade Libel - Elements of The Cause of Action And Defenses Available
      3. Soliciting Employees Away From a Business - Unfair Competition?
      4. Deceptive Trade Practices: Definitions and Remedies in California
      5. Protection of On Line Business Reputation: The Law and Practical Remedies
      6. Non Compete Clauses in California: Limitations
      7. Fictitious Business Names - The Basics
      8. The Basics of Warranties
      9. Conversion - The Basic Tort
      10. Governmental and Private Licensing
    2. Threats From Within
      1. Soliciting Employees Away From a Business - Unfair Competition?
      2. Non Compete Clauses in California: Limitations

[ Top ]

  1. Contractual Law
    1. Basic Law of Contracts
      1. Binding Contracts and Legal Actions Predicated on Breach of Contract
      2. Commercial Transactions in the United States
      3. Promissory Notes - The Basics
      4. Getting the Deal that Hurts You - The Conflict Between the Lawyer and
        the Sales Department in Commercial Contracts
      5. Verbal Contracts - Enforceable?
      6. The Usual Suspects in Contractual Disputes
      7. Attorney Fee Provisions in Consumer Contract Arbitration Clauses
      8. Guaranties in California Transactions
      9. The Fiduciary Duty: What Is It and What Does It Impose Upon You?
      10. Good Will in the Real World: What Does it Mean in the Business Context?
      11. Web "Trading Partner" Agreements: The Basic Why and How
      12. License Agreements: The Basics
      13. Assignments: The Basic Law
      14. Statute of Frauds in California Contracts
      15. The Basics of Warranties
      16. Outsourcing Contracts: Unique Problems with Outsource Contracts
      17. Home Improvement Contracts in California - Legal Requirements to Protect the Consumer
      18. A Primer on the Basic Law of E-Commerce
      19. Accord and Satisfaction - The Basics
      20. The Law of Auctions
      21. Subrogation - The Basics
      22. The Uniform Commercial Code - The Basic Structure
      23. Governmental and Private Licensing
      24. Boat Liens and Mortgages
    2. Breach of Contract
      1. Binding Contracts and Legal Actions Predicated on Breach of Contract
      2. Rescinding a Contract in California - What is it and What Effect does it have?
      3. The Usual Suspects in Contractual Disputes
      4. Buying Justice
      5. Measurement of Damages in Breach of Contract Actions
    3. Contracts and Torts
      1. Passing Bad Checks - Remedies And Relief For Victims
      2. Fraud and Deceit: What Are They and How Do You Prove It
      3. The Fiduciary Duty: What Is It and What Does It Impose Upon You?
      4. Measurement of Damages in Breach of Contract Actions
      5. Consumer Protection Laws - Practical Use
      6. Product Liability - The Basics

[ Top ]

  1. Employment Law and Issues
    1. Basic Law of Employment
      1. Employee Discipline and Termination
      2. Slander and Libel When Asked - The Qualified Privilege
      3. Employee versus Independent Contractor: The Basics Under Federal Law and the Inherent Dangers Employers Face
      4. Employee Drug Testing: Federal and California Law
      5. Non Compete Clauses in California: Limitations
    2. Problems in the Workplace
      1. Sexual Harassment In The Workplace – Navigating The Minefield For Employers
      2. Employee Theft - Guidelines for Spotting and Preventing It
      3. Commercial Bribery in the US and California - The Penalties
      4. The Role of Corporate Counsel During Investigation and Litigation When An Employee is Accused of Wrongdoing
      5. Video Surveillance Tapes: Access to Them and Privacy Issues Under California Law
      6. The Legal Right to Privacy
    3. Laws Imposing Special Requirements
      1. Sexual Harassment In The Workplace – Navigating The Minefield For Employers
      2. Federal Law on Age Discrimination in the Work Place - The Basics
      3. Americans with Disability Act (ADA) Requirements - The Basics
      4. Employee Drug Testing: Federal and California Law
      5. Federal Law on Child Labor
      6. The Warn Act: Warning of Layoffs to Employees - The Federal and California Law
      7. The Pregnancy Discrimination Act

[ Top ]

  1. Criminal Law in the United States
    1. Criminal Law
      1. The American System of Criminal Justice
      2. Elder Abuse in California - The Basic Law
      3. Embezzlement in Your Business
      4. Commercial Bribery in the US and California -The Penalties
      5. Child Pornography Laws - Possession is a Crime
      6. Stalking: The Basic Law and Remedies
      7. Expungement of Criminal Records in California
      8. Federal Child Protection Law - The Adam Walsh Child Protection and Safety Act
      9. Hate Crimes: The Federal and State Protections
      10. Safe Haven Laws - A Safe Place to Leave a Newborn
      11. Conversion - The Basic Tort
      12. Assault and Battery
      13. Extortion - Essential Elements and the Broader Reach of RICO
      14. Minors - Rights and Obligations
      15. Firearms - The Law in California
      16. False Imprisonment - The Legal Action
    2. Criminal Process
      1. Expungement of Criminal Records in California
      2. California Drivers Hardship License Law

[ Top ]

  1. Wills and Trusts
    1. Basic Law on Wills and Trusts
      1. Wills and Trusts
      2. Questionnaire For Estate Planning
      3. Intestate Succession in California or What Happens if You Die Without a
        Will or Trust
      4. Contracts to Make Wills in California
      5. The Effect of HIPAA Privacy Rules on your Estate Plan
      6. Holographic Wills - The Basics
      7. Uniform Gifts to Minor Act - The Basics
      8. Disclaiming An Inheritance - How To Do It
      9. Powers of Appointment in Estate Planning: An Invaluable Tool
      10. The Will in the Drawer and Other Disasters - Taking Three Years to Sign A Will - The Triumph of the Unconscious
      11. Family Limited Partnerships - Purpose and Basics
      12. "Omitted Spouse" and Estate Planning - A Trap for the Unwary
      13. Does Money Gut Gumption In the Grandkids?
      14. Cohabitation and the Rights Conferred Under the Law
    2. Living Wills and Powers of Attorney
      1. Living Wills: Directive to Physicians
      2. Access to Your Medical Records - Federal and California Law
      3. Powers of Appointment in Estate Planning: An Invaluable Tool
      4. HIPPA - The Basic Privacy Law (Health Insurance Portability and Accountability Act of 1996)
      5. Involuntary Commitment, Conservatorships and Guardianships
    3. Disputes Concerning Estates and Wills
      1. No Contest Clauses In Wills - Effects On Will Contests
      2. Contracts to Make Wills in California
      3. Will Contests - The Basics
      4. Proof of Testamentary Incapacity - What Does it Take to Show Someone is
        Incapable of Creating a Will
      5. Undue Influence - What is it and How does it Effect Wills?
      6. "Omitted Spouse" and Estate Planning - A Trap for the Unwary
    4. Trusts
      1. Wills and Trusts
      2. Living Trusts for Non-Citizens - Qualified Domestic Trusts (QDT)
      3. Special Needs Trusts for California Residents
      4. Trusts for Pets
      5. Life Insurance Trusts - The Basics
      6. Section 529 College Savings Plans: Estate Tax Benefits
      7. QTIP Trust Versus Outright Gift - The Basic Rationale
      8. Revocable Living Trusts - Why Use Them?
      9. Uniform Gifts to Minor Act - The Basics
      10. Six Estate Tax Techniques That Allow Tax Savings for Large Estates in a
        Low Interest Environment
      11. Qualified Personal Residence Trusts: Tax and Asset Protection Tools
      12. The Trustee's Right to Hire Professionals
      13. Does Money Gut Gumption in the Grandkids?
    5. Community Property
      1. California Domestic Partners - How to Become One and What is The Legal Effect?
      2. Prenuptial Agreements
      3. Community Property Debts: When is the Spouse Liable for the Debt Incurred by the Other Spouse?
      4. Buy and Sell Agreements - The Purpose and the Basics
      5. "Omitted Spouse" and Estate Planning - A Trap for the Unwary
      6. Death of the Joint Tenant and the Extinguishing of Creditors' Claims
      7. Cohabitation and the Rights Conferred Under the Law
    6. Family Care
      1. Elder Abuse in California - The Basic Law
      2. Reverse Mortgages - Benefits and Dangers
      3. Euthanasia - The Legalities
      4. Emancipation of Minors in California: Basic Law
      5. The Basic Law on Guardianship
      6. Disputes Between Wards and Guardians
      7. Basic Social Security Benefits and Retirement Planning
      8. Elderly Care - Living and Dying Preparations
      9. Access to Your Medical Records - Federal and California Law
      10. Americans with Disabilities Act (ADA) and Educational Accomodation
      11. Planning the Glorious Death
      12. The Will in the Drawer and Other Disasters - Taking Three Years to Sign A Will - The Triumph of the Unconscious
      13. Nursing Homes and the Law
      14. The Basic Laws Pertaining to Cemeteries
      15. Adopted Child's Right to Information as to Biological Parents
      16. Basic Law of In Vitro Fertilization
      17. Safe Haven Laws - A Safe Place to Leave a Newborn
      18. Elder Abuse and Nursing Home Neglect
      19. Grandparents' Visitation and Custody Rights
      20. Rights and Obligations As To Human Remains and Burial
      21. HIPPA - The Basic Privacy Law (Health Insurance Portability and Accountability Act of 1996)
      22. Involuntary Commitment, Conservatorships and Guardianships

[ Top ]

  1. Trust and Estate Administration

    1. Probate of Estates
      1. Probate in California -The Basics
      2. Spousal Set Aside Procedure - Short Cutting Probate
      3. Disclaiming an Inheritance - How to do it
      4. Will Contests - The Basics
      5. Mexican trusts for Mexican Assets: Uses and Issues
      6. Basic Social Security Benefits and Retirement Planning
      7. Sale of Real Property Estate Assets in Probate
      8. Remedies Available for Executor or Administrator to Locate and Retrieve Assets
      9. Trustees'/Executors' Duty to Pay Creditors - The Priorities Involved and Abatement
    2. Duties and Law Regarding Trustees and Executors
      1. Duties of an Executor in California - You've Been Nominated...Now What?
      2. What are the Duties of a Trustee?
      3. Access to Safe Deposit Boxes After Death - The Law
      4. Required Notification by Trustee to Beneficiaries - First Steps
      5. Trustee Fees - How are they Set?
      6. Facts of Investment Life to Ponder from a Non-professional
      7. Duties of Trustee in Administration of a Typical Trust
      8. The Trustee's Duty to Deal Impartially with Beneficiaries of all Kinds
      9. Euthanasia - The Legalities
      10. Court Documents Required for Typical Appointment of a Conservator
      11. The Basic Law on Guardianship
      12. Disputes Between Wards and Guardians
      13. Preliminary Distributions from an Estate or Trust - The Basics
      14. Accountants - Definitions and Licensing
      15. Remedies Available for Executor or Administrator to Locate and Retrieve Assets
      16. Nursing Homes and the Law
      17. The Trustee's Right to Hire Professionals
      18. The Basic Laws Pertaining to Cemeteries
      19. Trustees'/Executors' Duty to Pay Creditors - The Priorities Involved and Abatement

[ Top ]

  1. Construction Law/Litigation

    1. Contract Issues
      1. Change Orders - Methods to Avoid Turmoil
      2. Impact and Acceleration - The Hidden Change Order Cost
      3. Contract Documents that Consistently Produce Change Orders
      4. Penalties for Failure to Pay Subcontractors
      5. Home Improvement Contracts in California - Legal Requirements to Protect the Consumer
    2. Liens and Stop Notes
      1. Mechanics’ Liens, Stop Notices, Payment Bonds, and Construction Claims Based On Labor and Materials Installed in a Project
      2. Mechanic's Liens and the Danger of Paying for the Same Thing Twice
      3. Mechanic's Liens - Stop Notice and Bond Timeline
    3. Construction Roles and Duties
      1. Project Managers - The Role and the Law in California
      2. Penalties for Failure to Pay Subcontractor
      3. Boat Liens and Mortgages

[ Top ]

  1. Torts
    1. General Torts
      1. Torts: Negligent and Intentional
      2. Fraud and Deceit: What Are They and How Do You Prove It
      3. Libel and Slander - The Basic Law in California
      4. Hate Crimes: The Federal and State Protections
      5. Product Liability - The Basics
      6. Abuse of Process - The Basics and the Practicalities
      7. The Basic Law of Attractive Nuisance and Premises Liability
      8. Elder Abuse and Nursing Home Neglect
      9. Boating Accidents - The Basic Law
      10. Conversion - The Basic Tort
      11. The Legal Right to Privacy
      12. Assault and Battery
      13. Extortion - Essential Elements and the Broader Reach of RICO
      14. False Imprisonment - The Legal Action
    2. Business Torts
      1. Fraud and Deceit: What Are They and How Do You Prove It
      2. Intentional Interference With Prospective Business Advantage: Elements of The Cause of Action
      3. Trade Libel -Elements of The Cause of Action And Defenses Available
      4. Slander and Libel When Asked - The Qualified Privilege
      5. Protection of On Line Business Reputation: The Law and Practical Remedies
      6. Product Liability - The Basics
      7. Abuse of Process - The Basics and the Practicalities
      8. Subrogation - The Basics
      9. Extortion - Essential Elements and the Broader Reach of RICO

[ Top ]

  1. Intellectual Property
    1. General Law on Intellectual Property
      1. Intellectual Property: What Is It and How To Protect It
      2. The Basics of What is a Copyright / Trademark / Patent and How to Protect Them
      3. Statutory Damages in Copyright Infringement
      4. License Agreements: The Basics
      5. Moral Rights for Creative Works: The Canadian Example
      6. Conversion - The Basic Tort
      7. Governmental and Private Licensing
    2. Technology and Intellectual Property
      1. Intellectual Property: What Is It and How To Protect It
      2. Laws Pertaining to Commerce on the Internet
      3. Web "Trading Partner" Agreements: The Basic Why and How
      4. A Primer on the Basic Law of E-Commerce

[ Top ]

  1. Real Property Transactions
    1. Buying and Selling Real Estate
      1. Real Estate Ownership and Transactions in the United States
      2. Tenancy in Common Ownership in San Francisco and Bay Area Communities
      3. TICs and Fractional Loans - Easier and Easier to Own TICs
      4. Homeowner’s Tax Primer - The Tax Advantages of Owning Your Own Home in The United States
      5. Common California Real Estate Terms
      6. "As Is" in a Real Estate Contract: What Does it Really Mean?
      7. Ratification of Agent's Unauthorized Actions in a Real Estate Transaction: If the Agent Agrees Without Your Authorization, Can you Still be Bound?
      8. The Fiduciary Duty the Real Estate Agent Owes a Client
      9. Sale of Real Property Estate Assets in Probate
      10. Accountants - Definitions and Licensing
      11. Condominiums and Cooperatives - The Basics
      12. The Rules of Auctions
      13. The Basics of Real Estate Title Deeds
      14. 1031 Exchanges - The Basics
      15. Dual Agency and Real Estate Brokers - The Needs for Full Disclosure
    2. Leases
      1. Real Property II: Leases and Subleases (Commercial)
      2. Fixtures In Commercial Leases - What You Have To Leave Behind At The End of The Lease
      3. Security Deposit Refunds in Residential Leases in California - The Basic Law
      4. Ellis Act: State Law Restricting Change in Use of Rental Property
      5. Landlord Obligations for Habitable Premises - The Basic California Law
      6. Retaliatory Eviction - The Basics
    3. Notes and Deeds of Trust
      1. TICs and Fractional Loans - Easier and Easier to Own TICs
      2. Reverse Mortgages - Benefits and Dangers
      3. Balloon Payments Notice Requirements for Notes in California
      4. Home Owner Protection: the Anti Deficiency Statute
      5. The Basics of Foreclosure on a Deed of Trust in California
    4. Legal Actions Regarding Real Estate
      1. Home Owner Protection: the Anti Deficiency Statute
      2. "As Is" in a Real Estate Contract: What Does it Really Mean?
      3. Ratification of Agent's Unauthorized Actions in a Real Estate Transaction: If the Agent Agrees Without Your Authorization, Can you Still be Bound?
      4. The Fiduciary Duty the Real Estate Agent Owes a Client
      5. Eminent Domain - The Basic Law
      6. Death of the Joint Tenant and the Extinguishing of Creditors' Claims
      7. Dual Agency and Real Estate Brokers - The Needs for Full Disclosure
      8. Lateral and Subjacent Support - Protecting the Foundations
    5. Rights Not Based on Contract
      1. California Domestic Partners - How to Become One and What is The Legal Effect?
      2. Adverse Possession - How To Acquire Land Without Buying It
      3. Prescriptive Easements - Obtaining Rights In Land By Use
      4. Joint Tenancy Co Ownership Of Property - Advantages and Disadvantages
      5. How to Counter an Existing Prescriptive Easement
      6. The Basic Law of Attractive Nuisance and Premises Liability
    6. Family Ownership
      1. Family Property Co-Ownership - Recipe for Disasters, Prescription for Cures

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  1. Real Property Litigation
    1. Property Rights Disputes
      1. Private Nuisance On The Land - The Law and The Remedies
      2. Partition of Jointly Held Property - The Basics
      3. Encroaching Trees: Who Has The Right To Do What?
      4. Adjoining Landowners Rights and Obligations: The Basics
      5. California Law Prohibits Attorneys Receiving Advance Fees for Residential Loan Modifications: The Basic Law
      6. A Nuisance Legal Action Cannot Be Based on Blocked View in California
      7. Accord and Satisfaction - The Basics
      8. The Basic Laws Pertaining to Cemeteries
      9. The Basic Law of Attractive Nuisance and Premises Liability
      10. Eminent Domain - The Basic Law
      11. Death of the Joint Tenant and the Extinguishing of Creditors' Claims
      12. The Basics of Real Estate Title Deeds
      13. Lateral and Subjacent Support - Protecting the Foundations
    2. Landlord-Tenant Issues
      1. Unlawful Discrimination in Leasing - The Basics
      2. Landlord Tenant Links for San Franciscans
      3. Security Deposit Refunds in Residential Leases in California - The Basic Law
      4. Ellis Act: State Law Restricting Change in Use of Rental Property
      5. Landlord Obligations for Habitable Premises - The Basic California Law
      6. Retaliatory Eviction - The Basics
      7. California Landlord-Tenant Disclosures for Residential Leases

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  1. Consumer Rights And Remedies
    1. Business, Purchase and Credit Problems
      1. Automobile Lemon Laws In The United States - What Can You Do If The Car You Just Bought Is A Real “Lemon”?
      2. Credit Report Problems - What Are Your Rights Under Federal Law
      3. Identity Theft - Practical Protection Tips: Chapter One
      4. Identity Theft - Practical Protection Tips: Chapter Two
      5. Usury Law in California
      6. Attorney Fee Provisions in Consumer Contract Arbitration Clauses
      7. Guaranties in California Transactions
      8. Criteria for Credit Scores in the Post Recession World
      9. False Advertising or Labeling - The Rights and Remedies
      10. Deceptive Trade Practices: Definitions and Remedies in California
      11. Self Storage Facilities: When and How You Lose Your Property
      12. The Garageman's Lien: How to Seize and Sell the Car
      13. The Basics of Small Claims Actions in California
      14. The Basics of Warranties
      15. Basic Banking Law
      16. The New Rules for Credit Cards From the Federal Reserve
      17. Home Improvement Contracts in California - Legal Requirements to Protect the Consumer
      18. Consumer Protection Laws - Practical Use
      19. Accord and Satisfaction - The Basics
      20. The Law and Liability of Hotels
      21. The Basic Laws Pertaining to Cemeteries
      22. Product Liability - The Basics
      23. Associations and Clubs
      24. Boat Liens and Mortgages
    2. Personal Problems
      1. Identity Theft - Practical Protection Tips: Chapter One
      2. Identity Theft - Practical Protection Tips: Chapter Two
      3. Guaranties in California Transactions
      4. Criteria for Credit Scores in the Post Recession World
      5. Consumer Protection in California for Data Use and Data Theft (Senate Bill 1386)
      6. Self Storage Facilities: When and How You Lose Your Property
      7. The Garageman's Lien: How to Seize and Sell the Car
      8. Debt Collection Restrictions Under Federal Law - The "Mini-Miranda Warning"
      9. Emancipation of Minors in California: Basic Law
      10. Federal Deposit Insurance Company and its Protections of Accounts
      11. Stalking: The Basic Law and Remedies
      12. Expungement of Criminal Records in California
      13. Prenuptial Agreements
      14. Basic Social Security Benefits and Retirement Planning
      15. Community Property Debts: When is the Spouse Liable for the Debt Incurred by the Other Spouse?
      16. The Basics of Small Claims Actions in California
      17. Access to Your Medical Records - Federal and California Law
      18. Americans with Disabilities Act (ADA) and Educational Accomodation
      19. Nursing Homes and the Law
      20. Hate Crimes: The Federal and State Protections
      21. The Law and Liability of Hotels
      22. Adopted Child's Right to Information as to Biological Parents
      23. Basic Law of In Vitro Fertilization
      24. Secret Recording of Conversations in California - A Crime
      25. Paternity Actions in California
      26. Elder Abuse and Nursing Home Neglect
      27. Safe Haven Laws - A Safe Place to Leave a Newborn
      28. Grandparents' Visitation and Custody Rights
      29. Cohabitation and the Rights Conferred Under the Law
      30. The Legal Right to Privacy
      31. Rights and Obligations As To Human Remains and Burial
      32. Minors - Rights and Obligations
      33. Firearms - The Law in California
      34. HIPPA - The Basic Privacy Law (Health Insurance Portability and Accountability Act of 1996)
      35. Involuntary Commitment, Conservatorships and Guardianships

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  1. International Law
    1. Contractual Issues
      1. International Business Transactions for the United States Business
      2. Mexican trusts for Mexican Assets: Uses and Issues
      3. The Role of Your U.S. Counsel in International Litigation
      4. International Joint Ventures - The Basic Criteria for Success
      5. Moral Rights for Creative Works: The Canadian Example
      6. Outsourcing Contracts: Unique Problems with Outsource Contracts
      7. The Uniform Commercial Code - The Basic Structure
    2. Regulatory Issues
      1. The Federal Corrupt Practices Act - The Basics
      2. Laws Pertaining to Commerce on the Internet

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  1. Bankruptcy and Insolvency Law
    1. Bankruptcy Issues
      1. Bankruptcy: The Constitutional Right to Start Over
      2. New Value Defense to Preferential Payment Claims in Bankruptcy
      3. Ordinary Course of Business Defense to Preferential Payment Claims in Bankruptcy
      4. Non-Dischargeability in Bankruptcy of Certain Claims Based on Intentional Wrongdoing
      5. Mere Conduit Defense to Preferential Payment Return Demand in Bankruptcy
    2. Insolvency Issues
      1. Assignments for the Benefit of Creditors - "ABC's" - The Basics in California
      2. Home Owner Protection: the Anti Deficiency Statute
      3. Debt Collection in Hard Times
      4. Federal Deposit Insurance Company and its Protection of Accounts
      5. Cancelling Debt: Practicalities and Tax Results
      6. Community Property Debts: When is the Spouse Liable for the Debt Incurred by the Other Spouse?
      7. Subrogation - The Basics

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  1. Immigration Law and Practice
    1. Business and Immigration
      1. Green Cards and Eventual Citizenship – The Basics
      2. Coming to America: Non-Immigrant and Immigrant Business Visa Applications
      3. The Business Purpose Visa
      4. The H-1B (Specialty Occupation) Petition for Visa in The United States
      5. The L-1 Visa: Intra-Company Transfers Which Allow Living and Working in the United States
    2. Personal Issues
      1. Green Cards and Eventual Citizenship – The Basics
      2. Coming to America: Non-Immigrant and Immigrant Business Visa Applications
      3. The Student Visa For Entry Into The United States

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  1.  Family Law
    1. Dissolution of Marriage
      1. Marital Dissolution in California - The Basics
      2. Buying Peace as the Marriage Dissolves
      3. Taxation of Alimony and Child Support
    2. Community Property
      1. Community Property - The Basics
      2. Community Property Debts: When is the Spouse Liable for the Debt Incurred by the Other Spouse?
      3. Cohabitation and the Rights Conferred Under the Law
    3. Prenuptial Agreements
      1. Prenuptial Agreements
      2. Items to Consider Before Marriage
      3. "Omitted Spouse" and Estate Planning - A Trap for the Unwary
      4. Cohabitation and the Rights Conferred Under the Law
    4. Child Custody and Visitation
      1. Child Custody and Visitation Under California Law
      2. Spousal Support and Child Support Under California Law
      3. Americans with Disabilities Act (ADA) and Educational Accomodation
      4. Adopted Child's Right to Information as to Biological Parents
      5. Taxation of Alimony and Child Support
      6. Paternity Actions in California
      7. Safe Haven Laws - A Safe Place to Leave a Newborn
      8. Grandparents' Visitation and Custody Rights
      9. Minors - Rights and Obligations

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  1. Lessons from the Combat Zone - Lawyer's Stories with a Moral

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