Trustees and Beneficiaries Beware: Think Twice Before Modifying an Irrevocable Trust By: Christina M. Chan Under section 6110(i)(1) of the Internal Revenue Code, a Chief Counsel Advice memorandum (“CCA”) is a term used to describe written advice or instruction issued by the Service or the Office of Chief Counsel to field offices concerning the IRS’ … Continued
Finding Out Your Client Is Not a U.S. Citizen, and What to Do Next By: Theodore Ko What if a client rushes into your office and says they’ve only just learned they are not a U.S. citizen after living, working, and voting for the last 60 years in the United States? A recent case in … Continued
The Role of Precedent in Shaping California’s Legal Outcomes In the intricate web of the legal system, the doctrine of legal precedent, also known as stare decisis, plays a pivotal role in guiding judicial decision-making and ensuring consistency and predictability in law. Legal precedent refers to the principle whereby courts are bound to follow the … Continued
How to Effectively Research and Apply Case Law in Trials When it comes to trial work, understanding and leveraging past judicial decisions enhances the credibility of legal arguments and guides the strategic direction of trial preparations. This article offers tips on research techniques and practical advice for applying these findings in the courtroom. We’ll also … Continued
Comparative Legal Studies: California vs. Other States In the varied landscape of United States law, each state crafts its legal framework under the dual sovereignty granted by the federal system. This results in a mosaic of laws that, while unified under the Constitution, often diverge significantly in interpretation and application from one state to another. … Continued
Case Law Updates: What’s New in California’s Legal Scene? Norman v. Ross, No. B316971 (Cal. App. 5th Apr. 23, 2024) Plaintiff Hayley Marie Norman filed a complaint alleging that her idea for a television series was used without her permission to create a sitcom by Tracee Ellis Ross and other defendants. The defendants include Kenya … Continued
Are Your Business Clients Ready for the End of ‘Drip Pricing’ in California Starting July 1 By: David Muellenhoff As of July 1, 2024, it will be unlawful for California businesses to advertise prices to consumers that do not include all mandatory fees or charges, exclusive of government-imposed taxes or fees such as shipping costs. … Continued
California Workplace Injury Claims: 10 Conditions for Workers’ Compensation It’s a scenario that’s simple in theory and familiar to many (“Have you been injured at work?”), but workers’ compensation claims are often the furthest thing from employees’ and employers’ minds – until they happen. California workers’ compensation cases can be complex, with many caveats, exceptions … Continued
Your Client’s Nonprofit Corporation Wants to Change Its Bylaws. What Now? It’s probably not your favorite procedural chore, but it’s among the most mission-critical for California business lawyers. The process of amending a nonprofit corporation’s bylaws is commonplace but complex, fraught with potential pitfalls and intricacies. And because the California Corporations Code is deliberately flexible … Continued
Strengthening Your Legal Arguments Through Effective Case Law Case law, also known as judicial precedent or judge-made law, comprises the body of law formed through judicial decisions by courts. Unlike statutory law, which is enacted by legislative bodies, case law evolves through the outcomes of individual cases, where courts interpret legislation, set legal standards, and … Continued