Publications Archives

Employer Drives Away From Liability for Employee's Use of Employer's Car

By: Allyson K. Thompson

A California Appellate Court recently ruled in Baker v. Halliburton Energy Services, Inc. that an employer could not be found vicariously liable for injuries its employee sustained while driving a company car on personal business. While this was a fact specific case, it nonetheless is a helpful case for employers.

SB 800 - Fact or Fiction?

Senate Bill (SB) 800, now codified as Civil Code § 895, et seq. ("SB 800"), was supposed to revolutionize construction defect litigation. Approved by the California Legislature and signed into law on September 20, 2002, SB 800 promised to give construction contractors the "Right To Fix" claimed construction defects, rather than being launched into litigation. The law applies to sales of new home units beginning on January 1, 2003.

Why Social Media Should Be Avoided During a Divorce

By: Hoang-Anh Zapien

Facebook, Twitter, Instagram, and other social media websites have become an integral part of how people interact with one another in today's culture. When something happens in our lives, it is automatically relayed to our friends and families through Facebook, Twitter, or Instagram, and is often documented by lots and lots of photos. However, keeping friends and families updated about every triumph and tragedy in our lives is not always the best course of conduct when going through a divorce. Parties often post things via social media without thinking through all the potential consequences. Especially during a divorce process, parties need to realize that not every "friend" is a friend.

Event Data Recorders and Automobile Accident Litigation

By: Robert L. Thompson

As technology continues to develop, cars are increasingly more computerized each year. One of the main developments over the past decade has been the installation of "Event Data Recorders" (EDR) in modern motor vehicles. EDRs are commonly known as the car's "black box." They are actually small silver boxes attached to the floor of the car that house a variety of sensors from throughout the vehicle. (Doug Newcomb, "Car Black Box Recorders Capture Crash Data", December 18, 2012.) In fact, the National Highway Traffic Safety Administration is currently proposing that all new consumer vehicles be equipped with them by September, 2014. 49 CFR Part 571. Furthermore, the NHTSA estimates that as of 2011, 91.6% of light motor vehicles are already equipped with these EDR devices.

Top 5 Myths About Divorce

By: Hoang-Anh Zapien

1) If we share 50/50 custody of our kids, neither parent has to pay child support.
False. Child Support is calculated using a mathematical formula that takes into account the gross earnings of each parent as well as each party's time share with the children. Therefore, even if the parties share 50/50 physical custody of the children, the parent who earns more money than the other will likely pay child support.

Defending Against Bad Faith Claims in Nevada

By: Merielle Enriquez

Las Vegas, Nevada is a unique venue for civil litigation and insurance claims. In recent years, there has been concerted effort by some members of the Plaintiffs' bar to immediately bring issues of bad faith into every personal injury claim possible by issuing arbitrary settlement demands of unreasonable amounts that are time limited. The Defense will benefit from recognizing certain tactics and knowing the proper response to such tactics.

What's in a Name? A Guide to Changing the Name of Your Business

By: Michelle A. Philo

As businesses change, there may come a time when it is necessary to change the name of the business. The addition of new partners, the dissolution of partnerships, or the need to update the company image may call for a change in the name of the business. The following is a checklist of things to keep in mind when changing your organization's name. This list is not meant to be exhaustive, but should assist you in getting organized and developing a strategy to have a smooth transition to a new business name.

The Benefits of Divorce Mediation

By: Hoang-Anh Zapien

Not every divorce has to be a knock-down, drag-out fight. Contrary to popular belief, divorce can be a relatively amicable and straightforward process, depending on how the parties choose to handle it. Parties who find themselves in a long, contentious divorce battle often realize in the end that they expended more time, money and energy than necessary. For parties who desire a faster, less expensive and more amicable way of divorcing, mediation may be the option for you.

Interpleading the Insurance Policy Limits in Nevada

By: Robert P. Mougin

It is not uncommon for an insurance company to be placed in a situation where multiple Plaintiffs initiate lawsuits based on injuries sustained from a single incident. For example, an insurer may be faced with a situation where it insured an at-fault driver in a motor vehicle accident involving multiple vehicles, resulting in multiple injured parties. If the insurance provider has made the determination that the damages may potentially equal or exceed the available insurance policy limits, an insurer may want to consider filing an interpleader action of the policy limits.

Bidding Mistakes in Public Contracts

By: John Schroeder

It is four o'clock on Friday afternoon and you have been working on your bid to the general contractor all day. The bid is due by five o'clock and you are finally ready to bring the numbers over from your workup sheet to the formal bidding form provided by the general contractor in his instructions to bidders. Then it happens......you fail to transfer three items from your work sheet to the formal bid. The bid is sent in and opened later. That is when you discover you are 40% lower than the next lowest bidder and you start to question your bid. You return to the office and find the three items missing from the bid. After you consider that your life or at least your job is over, what do you do?

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