CEB Contributor
Jason D. Figueiredo
Content Attorney at Continuing Education of the Bar (CEB)
Jason Figueiredo is currently a content attorney for CEB. He writes Employment Law and Business Law topics for Practitioner as well as monthly article for the DailyNews.
Mr. Figueiredo graduated from the University of California, Santa Barbara with an undergraduate degree in Law and Society. After working in the tech industry for roughly a decade, he obtained his law degree from John F. Kennedy College of Law. After law school, Mr. Figueiredo opened a practice handling wills and trust, criminal law, family law, and business/contract law. While trying to land clients, he also worked for FindLaw, writing legal articles and how-to guides aimed at both attorneys and non-attorneys. Prior to working at CEB, Mr. Figueiredo was a General Counsel for a Bay Area construction company that mainly built public projects.
CEB Region:
Bay Area Region
Content by Jason D. Figueiredo
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Unpacking Which CEQA Projects and Time Limits Prop. 45 Would Affect
October 21, 2026
Jason D. Figueiredo
Construction , Environmental, Land Use & Natural Resources, CEQA & Other Environmental Regulation, Land Use Regulation, Real Property, State & Local Government
For over five decades, the
The Ninth Circuit Labeled Kalshi’s Event Contracts ‘Gaming’ Twice Within a Month. A SCOTUS Battle Looms
September 30, 2026
Jason D. Figueiredo
Appellate Law, Business Litigation, State & Local Government
In a span of twenty days, the Ninth Circuit of Appeals slammed Kalshi’s prediction markets with two rulings that seriously undermine the company’s business model, which claims to offer legal sports betting across the United States.
CA Appellate Court Tentatively Classifies Destination Metadata as a Pen Register
September 9, 2026
Jason D. Figueiredo
Business Litigation, Business Transactions, Privacy & Information Security, Types of Privacy Protections, Internet and Electronic Privacy
A new tentative ruling from the Second District Court of Appeal suggests that destination metadata could be covered by the pen register provisions of the California Invasion of Privacy Act, although the ruling could be mooted by a
Spending Clause Looms Large Over Title IX Trans Athlete Case in Colorado Federal Court
August 19, 2026
Jason D. Figueiredo
Constitutional Law
Less than two months ago, the Supreme Court of the United States rattled the trans community with its landmark decision in
Are Kalshi’s Event Contracts Class III Gaming Under the IGRA? Ninth Circuit Panel Wrestles With the Question
July 29, 2026
Jason D. Figueiredo
Administrative Law, Business Litigation, Constitutional Law
The Ninth Circuit of Appeals heard oral arguments in
Trump Administration Remains Determined To Circumvent California Coastal Commission's Authority
July 8, 2026
Jason D. Figueiredo
Constitutional Law, Environmental, Land Use & Natural Resources, Coastal Zone, Permitting, Entitlements & Project Approval
For the past 50 years, the California Coastal Commission has proudly protected the Golden State’s coasts under the authority of the Coastal Zone Management Act (CZMA). However, the Trump administration’s unswayable desire to use the state’s coastline for national purposes sets the stage for a legal battle in which the Commission’s authority could be drastically reduced, a power that
New Face Scanning Policy at Disney Park Entrances Sparks Federal Invasion of Privacy Lawsuit
May 27, 2026
Jason D. Figueiredo
Privacy & Information Security
Any location that proclaims itself the "Happiest Place on Earth" shouldn’t have trouble getting its customers to crack a smile. But Disney Parks are now requiring patrons to flash their pearly whites before even entering one of their exorbitantly priced parks
Can California Card Rooms Survive the State AG's Regulatory 'Death Blow'?
April 15, 2026
Jason D. Figueiredo
Administrative Law, Business Transactions
Follow the protagonist of any western long enough, and that character will eventually find their way into a crowded saloon filled with card games, booze and some unhappy patrons. Card rooms have been a staple in the Golden State since the days of the Wild West, but the mutation of these establishments over the past 200 years would make them unrecognizable to the gambling cowboys of California's past.
Cangrejeros de Santurce Club Swings and Misses in Attempt to Reverse the ‘Business of Baseball’ Sherman Act Anomaly
March 4, 2026
Jason D. Figueiredo
Administrative Law, Appellate Law, Business Transactions
Take me out to the ball game, but don’t take my antitrust exemption.
The Delicate Dance Between Sports Betting and Event-Based Prediction Contracts
January 21, 2026
Jason D. Figueiredo
Administrative Law, Business Litigation
The over-saturation of sports betting advertisements has plagued commercial breaks for several seasons now. Whether you are at a bar watching the NFL playoffs or just catching a college basketball game with some former classmates, the chances of seeing an ad begging you to take part in sports gambling are almost a given -- even in states like California, where the activity is considered illegal.
The National Hockey League’s Antitrust Prospect Problem Heads to the Ninth Circuit
December 10, 2025
Jason D. Figueiredo
Employment Law, Wage & Hour
The latest antitrust challenge in the sports world has made its way to the Ninth Circuit: a hockey players' association claims that the National Hockey League and the Canadian Hockey League "have deliberately restrained competition for elite hockey talent across North America" in violation of the Sherman Act. The case could extend the recent U.S. trend of legal victories for athletes to the other side of the Canadian border.
Santa Barbara Judge Confirms Coastal Commission’s Jurisdictional Reach in Sable Oil Ruling
October 29, 2025
Jason D. Figueiredo
Construction , Environmental, Land Use & Natural Resources, Coastal Zone
Construction along the California shoreline can be nothing short of a nightmare, often entailing time-consuming hoops that owners and planners must navigate just to get a project off the ground. For those who have undertaken the painstaking process of obtaining a Coastal Development Permit (CDP), the authority wielded by the California Coastal Commission over such projects often feels all-encompassing. In Santa Barbara County, Judge Thomas Pearce Anderle’s most recent ruling against Sable Offshore Corp. is a reminder of just how much latitude the Commission possesses in these situations.
Retention and Construction: California Limits a Victorian Practice Still Protecting Owners and Contractors Today
September 17, 2025
Jason D. Figueiredo
Business Transactions, Construction , Real Property
A new law capping the percentage on a standard construction practice is set to impact a key clause present in nearly every construction contract in California. Starting Jan. 1, 2026, all construction projects, whether public or private, must limit retention withheld from a direct contractor or a subcontractor to five percent.
Professional Gamblers Stare Down the Barrel of One, Big, Beautiful Loss
August 6, 2025
Jason D. Figueiredo
Employment Law, Tax Law
Gambling is not an activity for those with weak stomachs. However, President Trump’s "One Big Beautiful Bill Act," set to take effect on January 1, 2026, is anxiously churning the insides of professional gamblers nationwide.
Driving With Character: When Silver Screen Vehicles Transform Into More Than Just a Prop
June 25, 2025
Jason D. Figueiredo
Intellectual Property, Copyright
Most people have a favorite movie where they covet a vehicle regularly handled by one of the main characters. Whether it's because your dream vehicle can complete the Kessel Run in less than 12 parsecs (despite a parsec being a measure of distance, not time) or because it can travel through time itself, vehicles in movies can often take on a character of their own, sometimes receiving more fanfare (and screen time) than their human counterparts. But at what point does a cinematic vehicle rev up enough on-screen “rizz” to transform from an inanimate object into a copyrightable character?
Claw and Order: California Senate Set to Decide Status of Statewide Cat Declawing Ban
May 14, 2025
Jason D. Figueiredo
Criminal Law
At a time when political issues seem to divide even the closest of acquaintances, one thing the California Assembly can seemingly agree on is the treatment of cats. In a 72-0 vote on April 28, the Assembly decided that declawing our feline friends should be prohibited unless performed by a licensed veterinarian for medical purposes. If the Senate feels the same way, California could become the fourth state to ban the practice on cats with the passage of
MLB Players Swing for the Fences in NIL Case Against DraftKings’ Prop Bet Market
April 2, 2025
Jason D. Figueiredo
Business Litigation, Constitutional Law
It’s that time of year! Spring has sprung, and the crack of the baseball bat can be heard echoing throughout diamonds across the nation. With Major League Baseball’s Opening Weekend upon us, baseball fans are donning their favorite team’s colors and desperately justifying any lofty expectations they may have for their squad this season. However, sports fans these days are rarely just interested in the success rate of their local or favorite teams. The growing acceptance of sports gambling in the United States is shifting the focus of the sports fan’s interest to a different success rate: one that directly affects their bank account.
Does Training AI with Pirated Material Infringe Copyright Laws? In California Federal Court, Meta Says No
February 19, 2025
Jason D. Figueiredo
Intellectual Property, Copyright, Intellectual Property Infringement, Privacy & Information Security
As more and more companies emerge with their own AI helpers, understanding how these companies teach their AI bots to understand the user’s prompts and produce a suitable answer is becoming increasingly important. Although the number of sources used to train AI varies depending on the company, the sources usually include web crawl data, books and literature, academic papers and research publications, code repositories, Wikipedia and other encyclopedic sources, social media content, and news articles. Recently, the authors and owners of copyrighted material have claimed that companies are illegally using their works to train their AI. But the companies refuse to back down, asserting that no copyright laws are being violated by training their product.
Roblox and Gaming Companies Battle Uptick in Video Game Addiction Lawsuits
January 8, 2025
Jason D. Figueiredo
Personal Injury, Product Liability
With the holidays just a speck in our rearview mirror, many weary-eyed children who were gifted video game consoles, video games, and even gift cards to buy items in video games are being dragged from the hypnotic glow of their screen and being forced back to school. Over the elongated break, video games do an excellent job of keeping most kids busy (and giving parents a few beats of peace). However, the snap back to reality for these young gamers can create a spiral in behavior that is often thrown aside as “getting back into the routine of things.”
Student-Athletes Volley Amended Complaint at the NCAA in Tennis Prize Money Battle
November 27, 2024
Jason D. Figueiredo
Business Litigation, Employment Law
The National Collegiate Athletics Association (NCAA) is less than a month from its crown jewel event,
FIFA’s Transfer Market and the Restrictions on Free Movement of Its Players
October 16, 2024
Jason D. Figueiredo
Employment Law
Soccer is leaps and bounds the most popular sport across the globe. With nearly 4 billion fans worldwide, the sport’s massive following spans the Americas, Europe, Africa, and Asia. Whether you are a San Jose Earthquakes fan in California or a Tottenham Hotspur fan in London, the International Federation of Association Football (FIFA) governs this beloved sport with specific rules and regulations that all associated national teams and clubs must follow.
A Wishful Windfall: The Recent Trend of Gamblers Trying to Recoup Illegal Gaming Losses in Court
September 4, 2024
Jason D. Figueiredo
Business Litigation, Breach of Contract, Breach of written contract, Litigation Practice & Procedure
The NFL season is just days away. For sportsbooks across the United States, this means millions of dollars will be feverishly wagered before, during, and after the opening kickoff of America’s most popular sport. With more than 28% of the adult population gambling on the NFL these days, the amount of money or “the handle” collected by America-based sportsbooks continues to increase exponentially with every passing season. The legalization of sports gambling in 38 states plus the District of Columbia has helped bolster these numbers, and with more states looking to follow suit, we can expect legalized gambling in America to become even more prominent over the next several years.
Flaming Moe’s: Twentieth Century Fox Ignites Trademark Lawsuit Against ‘The Simpsons’ Themed Pop-Up Bar
July 24, 2024
Jason D. Figueiredo
Intellectual Property, Trademarks, Intellectual Property Infringement
Success often inspires imitation. But imitation frequently leads down a dark path toward trademark infringement, as demonstrated by a recent lawsuit filed by Twentieth Century Fox over a bar modeled after the watering hole from the long-running animated sitcom "The Simpsons."
Former DraftKings Exec Gambles on California’s Non-Compete Ban, Appeals Massachusetts Ruling
June 12, 2024
Jason D. Figueiredo
Employment Law, Trade Secrets & Unfair Competition, Unfair Competition in Employment Matters, Employee Terminations, Statutory, Policy, and Contractual Limitations on Employee Terminations
Some people say the best wager you can place is when you bet on yourself. Michael Hermalyn did just that when he bet big on his future in the flourishing sports gambling industry. However, his wager's success will significantly depend on how the First Circuit of Appeals untangles the web of the non-compete bans enacted by California and the Federal Trade Commission (FTC), and the true nature of Massachusetts’ relationship to the parties of this case. The case could prove instructive for how the FTC's recently enacted ban interacts with conflicting state laws on non-compete covenants.
Disney Attempts to Wield the 'Force' of the First Amendment Against Gina Carano Over Social Media Posts
May 1, 2024
Jason D. Figueiredo
Constitutional Law, Employment Law, Discrimination & Harassment, Employee Handbooks & Policies
The Star Wars Holiday “May the 4th" is just around the corner -- and what says “May the Force be with you” more than slamming the door on a maverick employment relationship.
The End of the Student-Athlete: Officially Deemed Employees, Dartmouth Men's Basketball Team Unionizes
March 20, 2024
Jason D. Figueiredo
Employment Law
College basketball is known for its madness in March, but the Dartmouth College men’s basketball team is taking it to another level. Despite sitting last in the Ivy League standings this season, Dartmouth's men’s basketball team is assisting in pulling off one of the biggest upsets in college sports history.
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Adhere to the Mechanical Liens Process
Construction , Private Commercial
The mechanical lien process from a general contractor's perspective is outlined with a step-by-step checklist for managing each task. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: End-of-Project Lien Audit Before Final Pay App or Owner Closeout
Construction , Private Commercial
Auditing end-of-project lien exposure is outlined through a checklist that offers legal and accounting teams a guide to minimizing lien liability before final payment is issued. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Release of Mechanics Lien
Construction , Private Commercial
A sample of a Release of Mechanics Lien is provided with guidance for accurately completing the form to ensure the lien is cleared from the title. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Enforce Lien-Related Indemnity and Tender Obligations
Construction , Private Commercial
Activating lien-related indemnity and tender provisions on construction projects is explained with steps for enforcing these provisions when subcontractors fail to pay lower-tier subcontractors and suppliers. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Respond to Improper or Inflated Mechanics Liens
Construction , Private Commercial
Addressing improper or inflated mechanic liens is explained with strategic insight on notifying essential parties and responding promptly to claims. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Coordinating Conditional and Unconditional Waivers Across Payments
Construction , Private Commercial
Collecting conditional and unconditional waivers from subcontractors during a construction project is outlined with a checklist containing essential steps a general contractor must take when obtaining this documentation. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Allocating Mechanics Lien Risk Through Contract Drafting
Construction , Private Commercial
Protecting general contractors from mechanics' lien risks through contract drafting is discussed with strategic insight on necessary provisions and enforcement to achieve fair remedies. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Bond Around a Mechanics Lien Without Escalating Disputes
Construction , Private Commercial
Bonding around a mechanics lien is explained with steps on how to determine when this route is appropriate for a general contractor. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Using Notices of Completion Strategically to Shorten Lien Periods
Construction , Private Commercial
Reducing liability through filing a Notice of Completion on construction projects is explained with strategic insight on using this notice to shorten the lien period following the project. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Establish an SOP for Receiving and Maintaining Mechanics Liens
Construction , Private Commercial
The importance of establishing a standard operating procedure (SOP) for handling mechanic liens is explained with strategic insight on maintaining accurate records and timely communications, geared towards in-house counsel working for general contractors. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Mechanics Lien Documentation Required Before Each Progress Payment
Construction , Private Commercial
Documents that general contractors should obtain before issuing progress or final payments on construction projects are listed along with practical advice on how in-house counsel can proactively and continually reduce mechanics lien liability. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Leveraging Lien Waiver Language to Legally Withhold or Delay Payment
Construction , Private Commercial
Legally structuring the construction project payment approval processes to condition payment disbursements upon lien waiver compliance is discussed with strategic insight on rightfully withholding and delaying payment to subcontractors. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Diversity, Equity, and Inclusion (DEI) Compliance for Hiring Employees
Employment Law, Managing Risk in Hiring Employees
Refer to this checklist for guidance on navigating the evolving landscape of Diversity, Equity, and Inclusion (DEI) when hiring, particularly in balancing federal scrutiny of corporate DEI initiatives with California’s anti-discrimination laws. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Letter Filing a Construction Project Insurance Claim
Construction , Private Commercial
A sample letter filing an insurance claim after an incident occurs at a construction project is provided, offering practical insight into the depth of information to include. We completed legal editing and analysis of the authorities cited here as of the date listed below.
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Sample Letter Requesting Proof of Insurance Coverage (Construction Contracts)
Construction , Private Commercial
A sample letter requesting confirmation and certificates of insurance from contractors with insight on forms, dollar amounts, and additional insured. We completed legal editing and analysis of authorities cited here as of the date listed below.
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File an Insurance Claim on a Construction Project
Construction , Private Commercial
Insurance claim filings on construction projects are explained with strategies for efficiently managing claims through communication and documentation. We completed legal editing and analysis of the authorities cited here as of the date listed above.
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Chart: Insurance Requirements in Construction Contracts
Construction , Private Commercial
Typical insurance provided by owners, general contractors, and subcontractors for construction projects is detailed in a chart that outlines who provides this insurance, the typical limits, and other key requirements. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Preliminary Notice (Construction Contracts)
Construction , Private Commercial
This sample of a preliminary notice includes practical guidance on supplying the necessary information to ensure the document's validity. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Provide Preliminary Notice on Payment and Performance Bonds (Construction Contracts)
Construction , Private Commercial
Preliminary notices during construction projects are explained, outlining their recipients, content, and timing to ensure your client’s utmost protection. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Decide When to File a Claim Against Payment or Performance Bonds (Construction Contracts)
Construction , Private Commercial
Deciding when to file a claim against performance and payment bonds during a construction project is explained with step-by-step guidance on assessing the situation and meeting the necessary statutory deadlines. We completed legal editing and analysis of the authorities cited here as of the date listed above.
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Sample Letter for Filing a Bond Claim (Construction Contracts)
Construction , Private Commercial
An example of a letter informing a surety of a construction project about filing a claim against performance and payment bonds is provided with guidance on what to include to expedite the process for your client. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Checklist: Requirements for Payment and Performance Bonds (Construction Contracts)
Construction , Private Commercial
Payment and performance bond requirements for construction projects are explained using a checklist to ensure compliance when obtaining these items. We completed legal editing and analysis of the authorities cited here as of the date listed above.
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Chart: Bonds and Securities to Consider for Construction Contracts
Construction , Private Commercial
Typical bonds and securities considered for construction projects are explained using a chart that describes when these instruments are most often obtained to reduce potential liabilities. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Identify When to Require a Mandatory Bond (Construction Contracts)
Construction , Private Commercial
Knowing when to make performance and payment bonds mandatory on construction projects is explained with a step-by-step guide for identifying which projects and contractors need this protection the most. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Change Orders Provision (Construction Contracts)
Construction , Private Commercial
A sample of a change orders provision for a construction contract is provided with guidance on the necessary language to include, ensuring enforceability and the best protection for your client. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Change Order (Construction Contracts)
Construction , Private Commercial
A sample Change Order form for a construction project is provided with instructional insight into creating this form from scratch. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Checklist: Drafting Change Orders Provisions
Construction , Private Commercial
Language that should be included within a change order provision of a construction contract is explained with a checklist covering important areas that drafters will want to focus on. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Interpret Construction Contract Provisions
Construction , Private Commercial
Interpreting a client’s potential construction contract liability is explained with a step-by-step guide to performing this task. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Chart: Dispute Resolution Types Found in Construction Contracts
Construction , Private Commercial
Various types of dispute resolutions for construction contracts are explained with a chart describing if and when they are typically used. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Draft a Construction Change Order
Construction , Private Commercial
Drafting construction contract change orders is explained with a step-by-step guide for attorneys to ensure that all required language is included in this often-used construction document. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Reviewing a Construction Contract
Construction , Private Commercial
Construction contract review is explained using a checklist with key areas to examine, ensuring maximum protection for your client against liability and compliance with California construction laws. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Address Increased Costs and Extension of Time (Construction Contracts)
Construction , Private Commercial
Increased costs and extensions of time for construction contracts are discussed in a step-by-step guide to ensure that clients can adjust construction scheduling while properly compensating all parties. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Chart: Prompt Payment and Retention Laws for Construction Contracts
Construction , Private Commercial
Laws regarding prompt payment and retention laws for construction contracts are discussed through a chart that provides relevant laws with brief descriptions. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Addressing Project Scheduling
Construction , Private Commercial
The impact of project scheduling on contract drafting is discussed with a checklist of items to address while preparing or reviewing construction contracts. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Chart: Types and Delivery Methods of Construction Contracts
Construction , Private Commercial
The various types of construction contracts are discussed with a chart providing the standard contracts used in this industry with short descriptions of when and how these work. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Chart: Events of Default Provisions in Construction Contracts
Construction , Private Commercial
Activities considered a construction contract default are explained with a chart describing when these defaults become relevant during a construction project. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Chart: Differences Between Owner-Contractor Agreements and Contractor-Subcontractor Agreements
Construction , Private Commercial
Key differences between Owner-General Contractor construction contracts and General Contractor-Subcontractor contracts are discussed through a chart displaying which provisions to pay closer attention to. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Draft Force Majeure Clauses in Construction Contracts
Construction , Private Commercial
Force Majeure clauses are explained with a step-by-step guide on properly structuring these clauses to best protect your clients during a qualifying event. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Notarization Requirements for Construction Contracts
Construction , Private Commercial
Documents that may require notarization during a construction project are discussed with a checklist of certain items that drafters and reviewers should be aware of. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Ethical Obligations for Lawyers in Contract Negotiations (Construction Contracts)
Construction , Private Commercial
Ethical obligations during construction contract negotiations are explained using a checklist that will assist attorneys in maintaining professional integrity during this task. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Effectively Negotiate Construction Contracts
Construction , Private Commercial
Negotiating procedures with construction contracts are discussed with a step-by-step guide for properly preparing before negotiations begin and effectively arguing for your client’s needs during negotiations. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Efficiently Evaluating a Construction Contract
Construction , Private Commercial
Reviewing the terms of a construction contract is discussed with strategic insight into which provisions to focus on when performing this task. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Advise Employers on Post-Job Offer Medical Exams (Hiring Compliance)
Employment Law, Managing Risk in Hiring Employees, Pre-Employment Testing, Investigating Job Applicants
Medical job examinations by employers are explained with steps to advise clients on legal compliance when implementing these tests during hiring. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Risk Allocation Devices (Construction Contracts)
Construction , Private Commercial
Risk allocation devices for construction contracts are discussed with a checklist to assist counsel in determining which should be included in their clients’ agreements. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Chart: Typical Remedies for Construction Contracts
Construction , Private Commercial
Remedies typically found in construction contracts are discussed with a chart briefly describing each remedy type. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Chart: Contractor Licensing Types and Requirements
Construction , Private Commercial
Contractor licensing is discussed through a chart describing types and when it is required for construction projects. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Indemnification Notice Provision (Construction Contracts)
Construction , Private Commercial
A sample of an Indemnification Notice provision is provided with insight and examples to help emphasize the importance of this clause. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Indemnity Provision (Construction Contracts)
Construction , Private Commercial
Indemnity for construction contracts is discussed with samples of the three types of indemnity language. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Complying with Workplace Violence Prevention Requirements (Lab. Code, § 6401.9)
Employment Law, Employee Handbooks & Policies, Workplace Safety Policies, Workplace Violence Prevention Policies, Workplace Health & Safety
This Strategy Note guides employers in staying compliant with workplace violence prevention requirements. Carefully research and adapt the following material to the facts and circumstances of your case or matter and verify the currency of the legal authorities.
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Agreeing on Alternative Forums for Dispute Resolution
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Alternate forums for dispute resolution in employment agreements are explained with strategic insight into the benefits and challenges of agreeing to these provisions. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Anticipating Termination in Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General), Employee Terminations
Methods for anticipating termination in employment agreements are explained with strategic insight into severance pay, non-disclosure agreements, and alternative dispute resolutions. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Issues to Consider Before Implementing Employee Testing (Hiring Compliance)
Employment Law, Managing Risk in Hiring Employees, Pre-Employment Testing
Issues surrounding the implementation of testing job applicants and employees are explained with a list to advise clients on whether testing potential applicants and employees is proper. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Permissible Questions in Employee Interviews
Employment Law, Managing Risk in Hiring Employees, Reviewing Job Applications & Interview Questions
Permissible questions employers may ask during an interview are listed with examples of ways to adhere to the regulations established by the Fair Employment and Housing Act (FEHA) (Gov. Code, §§ 12900–12996). We completed legal editing and analysis of authorities cited here as of the date listed above.
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Implementing Intelligence, Psychological, and Polygraph Tests (Hiring Compliance)
Employment Law, Managing Risk in Hiring Employees, Pre-Employment Testing
Intelligence, psychological, and polygraph tests during the hiring process are explained with strategic insight into situations when these tests are acceptable. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Employer Responsibilities and Reporting Requirements for New Hires
Employment Law, Managing Risk in Hiring Employees, Onboarding
Reporting requirements for new employees are explained with a checklist of tasks to ensure clients comply with all hiring reporting regulations after an employment offer is accepted. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Obtain and Use a Consumer Credit Report from a Consumer Reporting Agency for Employment Purposes (Hiring Compliance)
Employment Law, Managing Risk in Hiring Employees, Investigating Job Applicants
Consumer credit reports from a consumer reporting agency are explained, along with steps to advise an employer on obtaining and using the reports during hiring. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Handling Trade Secret Protection with New or Current Employees
Employment Law, Drafting Employment Agreements, Employment Agreements (General), Managing Risk in Hiring Employees, Avoiding Recruiting Liabilities, Onboarding, Trade Secrets & Unfair Competition, Breach of Confidence, Protecting Trade Secrets, Trade Secret Misappropriation
Trade secret protections with new employees are explained with strategic insight on protecting the employer's trade secrets throughout the employment agreement and preventing misappropriation of a new employee’s former employer’s trade secrets. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Prohibited Questions in Employee Interviews
Employment Law, Managing Risk in Hiring Employees, Reviewing Job Applications & Interview Questions
Questions employers are prohibited from asking during an interview are listed with examples of ways your clients can adhere to the regulations established by the Fair Employment and Housing Act (FEHA) (Gov. Code, §§ 12900–12999). We completed legal editing and analysis of authorities cited here as of the date listed above.
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Draft Employee Invention Provisions in Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General), Trade Secrets & Unfair Competition, Employee Inventions
Employee invention provisions in employment agreements are explained with steps to ensure enforceability and to cover all necessary inventions. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Paperwork for New Employees (Hiring Compliance)
Employment Law, Managing Risk in Hiring Employees, Onboarding
Typical paperwork required during the hiring process is explained with a checklist containing items employers will need to produce after a decision is made to hire a job applicant. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Complying with Laws Governing Employees and Cannabis (Hiring Compliance)
Employment Law, Managing Risk in Hiring Employees, Pre-Employment Testing, Workplace Health & Safety
Inquires into prior cannabis use by job applicants and employees are explained with strategic considerations for advising legal compliance by employers during the hiring process. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Protecting Employer Intellectual Property in Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General), Trade Secrets & Unfair Competition, Employee Inventions, Protecting Trade Secrets, Trade Secret Misappropriation
Intellectual property rights in employment agreements are explained with strategic insight on protecting an employer’s intellectual property before employment begins, the types of intellectual property that can be protected, and negotiating the use of the employer’s and the employee's intellectual property during employment. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Possible Termination Provisions to Include in Employment Agreements (Overview)
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Termination provisions to consider when drafting employment agreements are listed with insights on what happens to employment agreements in case of a merger, dissolution, or death. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Incorporate Dispute Resolution Provisions in Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Dispute resolution provisions in employment agreements are explained with steps for choosing the resolution type, avoiding unconscionable language, and ensuring enforceability. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Assess Defined Terms in Construction Contracts
Construction , Private Commercial
Defined terms for construction contracts are explained with steps to formulate the correct set of definitions for your client’s project. We completed legal editing and analysis of authorities cited here as of the date listed above.
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