Obergefell’s Impact on Immigration Proceedings
In June 2015 in Obergefell v Hodges, the Supreme Court held that states cannot deny marriage licenses to same-sex couples. Applicants for immigration status in the United States are now asking what...
View ArticleCalifornia Supreme Court Delivers Bombshell: Opening Unambiguous Wills to...
In a radical departure from both case law and common law, in July 2015 the California Supreme Court ruled that extrinsic evidence is admissible to reform an unambiguous will. Estate of Duke, — Cal. 3d...
View ArticleUsing Powers of Attorney To Prevent Elder Abuse
Preventing elder abuse can begin with prudent estate planning while the elder is competent. More than twenty percent of seniors nationwide have fallen victim to financial abuse, according to the...
View ArticleThe Barry Bonds Prosecution: Keep Your Mouth Shut, Because You’re Not Going...
For those still on the fence about Barry Bonds and Roger Clemens, I should lay my cards on the table now, and say that I’d vote them both into the Hall of Fame without a moment’s hesitation. If you...
View ArticleWhen Good Trustees Make Mistakes, Courts Can Excuse Liability
Typically a trustee is liable to the beneficiaries when he or she commits a breach of trust harming the trust or its beneficiaries. California Probate Code §16440(a) provides that a trustee is...
View ArticleCease and Desist Letters As A Branding Opportunity
In my last post I discussed how an attorney ignorant of internet culture can harm a client’s reputation through a well intentioned but imprudent cease-and-desist letter. To balance that warning,...
View ArticleIndependent Contractor v. Employee: How Uber Shows the Risk of Misclassification
Worker classification — that is, categorizing workers as independent contractors or employees — has become a contentious issue affecting more and more companies in the burgeoning “1099 economy.” Uber...
View ArticleBrown White & Osborn LLP Secures Free Speech Win For Client
For the past three years we’ve represented Los Angeles County Deputy District Attorney Patrick Frey, who writes a political blog under the name “Patterico.” Mr. Frey was the target of a federal lawsuit...
View ArticleSEC’s Foreign Corrupt Practices Act Action Against BNYM Shows Importance of...
The SEC’s recent enforcement action against BNY Mellon (“BNYM”) for violation of the Foreign Corrupt Practices Act (“FCPA”) may represent a series of “firsts” in the FCPA arena. But in a broader sense...
View ArticleWhen Must A Conservatee Demand a Jury Trial Under California’s Probate Code...
California law treats probate conservatorship cases as quasi-criminal because the appointment of a conservator has a profound impact on the liberty interests of the proposed conservatee. California...
View ArticleHow Netflix’s Generous Parental Leave Policy Supports Federal and California Law
A few weeks ago, Netflix announced its generous new paid parental leave policy, and Microsoft, Adobe Systems, Goldman Sachs, Nestlé and other industry leaders followed suit. Expanding paternity or...
View ArticleA Litigator’s Lament in Probate: Why Am I Being Treated So Unfairly By A...
Imagine it: you’ve been practicing law for more than 15 years. You’ve completed a successful stint in the District Attorney’s office where you compiled an impressive 87% success rate at trial. You went...
View ArticleSolitary Confinement Reform and the Value of Pro Bono Representation
The California Department of Corrections, in a settlement of a long-running lawsuit brought by prisoners, has agreed to reduce dramatically the number of inmates held in solitary confinement. This is a...
View ArticlePlanning for the Death or Incapacity of a Psychotherapist: Limiting Exposure...
Psychotherapists have a legal and ethical duty to plan for their incompetence or death. Lack of proper planning can easily lead to a negligence claim against the estate. Imagine the following scenario:...
View ArticleSeventh Circuit Closes A Path Out of SEC Administrative Proceedings And Into...
Practitioners and parties familiar with the SEC’s administrative proceedings avoid them whenever possible, preferring federal court. Recently such respondents have drawn hope from a spate of district...
View Article“If I Just Talk To The Police I Can Clear This Up”— The Dangerous Delusion
“Don’t talk to law enforcement without consulting a lawyer” is simple advice. Anyone can follow it. Most of us understand why it’s a good idea. But too many people reject the advice because of a common...
View ArticleBridgeGate, Quid-Pro-Quo, and the New York Times Walk of Shame
This month the CEO of United Airlines resigned amid allegations that United had attempted to curry favor with the chairman of the Port Authority of New York and New Jersey by running a regular flight...
View ArticleCourts Force Universities To Revisit Due Process Rights of Disciplined Students
Recently universities have struggled to reexamine their obligations under the U.S. Department of Justice Office for Civil Rights’ “Dear Colleague Letter,” which emphasized that avoiding discrimination...
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BWO Attorney Jack B. Osborn To Be Sworn In As Chair of Conference of...
Please join Brown White & Osborn LLP in congratulating Jack B. Osborn in his new leadership role as Chair of the Conference of California Bar Associations. Mr. Osborn at a CCBA meeting. On October...
View ArticleClass Action Plaintiffs Pursue Ashley Madison
On August 18, a group of hacker “activists” published over 9.7 gigabytes of personal information on the users of the extra-marital dating website, AshleyMadison.com. Though just the latest in a surge...
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