Construction Defect: Expert Witness

Learn from the experts themselves! In Construction Defect: Expert Witness Pete Fowler and Paul Kushner of Pete Fowler Construction Services provide an informative and entertaining look at how to best deploy your expert witness in construction defect litigation. Knowing and understanding the expert in a construction defect case, making the right tactical decisions, and taking the time to prepare will pay off…

Attorney As Patient: The Neuroscience of Addiction

“Giving up smoking is easy. I’ve done it hundreds of times.” — Anonymous This poignant phrase quotation succinctly captures the frustration that an addict suffers. Although he didn’t say it, the quote is often incorrectly attributed to one Samuel Longhorne Clemons (Mark Twain’s real name). Historically, substance abuse and addiction has been attributed to a lack of self-control – “If the individual…

Fun With the Kids

Well, Mike and I woke up early today and headed for the courthouse bright and early – and we were excited about it. Luckily, we weren’t facing traffic tickets, jury duty or an impending lawsuit like most trips to court. Rather, we were headed to court this morning to help videotape an event for the North County Bar Association here in San…

People’s Republic of Hackers

Well, our Blade Runner future is finally here. For those of you not paying attention, cybercrime has become a major epidemic in this country and around the globe – just look at the sentences that Albert Gonzalez and “Max Vision” got. Unfortunately, it takes a massive company like Google to get hit for anybody to actually pay attention. I took a little…

35 Revisions to the Rules of Professional Conduct

For almost a decade, the Rules Revision Commission of the State Bar Board of Governors has been busy working the California Rules of Professional.[1] In November 2009, The California State Bar’s Board of Governors approved nearly three dozen new or amended professional conduct rules. These thirty-five rule revisions deal with issues ranging from attorney’s fees to lawyers serving as third-party neutrals.[2] Many…

Literature and the Law

The great beauty of CLE is that whatever state you may practice in, there are only a few classes that you are required to take. California is one of the most burdensome, with six required units of legal ethics, substance abuse, and elimination of bias. However, once you complete these required courses, there a number of other course that you are free…

Employees or Independent Contractors: Traps and Pitfalls to Avoid

The economic downturn has not just hurt individuals, it has also left the Federal government and state governments with huge tax shortfalls. As a means of closing this tax gap, the IRS is beginning to seriously scrutinizing working relationships — especially the employee/independent contractor designation. Facing record budget deficits, many federal and state officials are starting to aggressively pursue companies that misclassify…

CLE For the 21st Century

“What sculpture is to a block of marble, education is to the soul.” — Joseph Addison When we are younger I think we develop a misconception that as we go through life there is a day when we acquire all the answers and that our education is somehow complete. However, as I have progressed I realize just the opposite is true –…

3rd Circuit Weighs Privacy of Cell Phone GPS Data

“This court believes that citizens continue to hold a reasonable expectation of privacy in the information the government seeks regarding their physical movements/locations — even now that such information is routinely produced by their cell phones — and that, therefore, the government’s investigatory search of such information continues to be protected by the Fourth Amendment’s warrant requirement.” U.S. Magistrate Judge Lisa Pupo…