Publications

CALIFORNIA CIVIL CODE SECTION 2782 - SCHWARZENEGGER AND THE LEGISLATION'S LEGACY

In general, under the recent amendment to Civil Code § 2782, the subcontractor is now only obligated to provide indemnification for construction defect claims to the extent that such claims arise or result from the subcontractor's scope of work.

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AUTOMATIC RESTRAINING ORDERS

These automatic restraining orders, referred to as ATROS and pronounced "at-röse," take effect immediately against the petitioner upon issuance of the summons, and take effect immediately against the respondent upon service of the petition on the respondent.

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EMPLOYEE STOCK OWNERSHIP PLANS

A common asset in a marital dissolution proceeding is the Employee Stock Ownership Plan ("ESOP"). An ESOP is a specialized employment benefit in which the corporate employer makes contributions of either cash or stock to a trust for its participant employees.

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EMPLOYER LIABILITY FOR AFTER WORK DRIVING

The Fourth District Court of Appeal in California recently decided the matter of Lobo v. Tamco (2010) 182 Cal.App.4th 297. This case holds that a triable issue of material fact exists regarding whether an employer's infrequent reliance on an employee to drive his own car to meet with customers was an incidental benefit to the employer.

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EMPLOYMENT LAW: IMPORTANT 2011 UPDATES

At the start of every new year, it is important for all California employers, no matter their size, to familiarize themselves with some of the changes and new developments in state and federal laws which may affect the workplace.

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SEXUAL HARASSMENT TRAINING REQUIRED IN 2011

Employers should be aware that 2011 is a training year for supervisors and managers. California Government Code § 12950.1 requires that employers with 50 or more employees provide sexual harassment prevention training at least every two years. Read More


3 EASY STEPS TO MANAGE THE RISK OF PRODUCTS LIABILITY

Every manufacturer must plan for a product liability lawsuit. A product liability case can result in tangible losses, such as lost sales, lost market share, and legal costs; and intangible losses, such as lost reputation, and lost productivity from employees dealing with the lawsuit rather than daily operations.

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