Year: 2018

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Attorney, Auto Defense, James S. Sifers

When A Vehicle’s History Report Causes A Mileage Discrepancy

Given the prevalence of vehicle history reports such as CarFax and AutoCheck, and consumers’ demand for the same when they purchase used vehicles, an issue has arisen regarding a dealership’s obligation to report a mileage discrepancy when that discrepancy is solely created by a third-party notation on a vehicle history report.  The most common situation usually arises where a dealer purchases a vehicle at auction, where the vehicle is not […]

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Bitcoin, Cryptocurrency, Digital Currency

What Is Digital Currency And How Does It Function?

Digital currency is a new electronic payment system that involves the use of software code to function as money over a computer network, much like the internet.  The most famous digital currency currently is Bitcoin.  Digital currency is built on the equivalent of a computer operating system, called a blockchain.  A digital currency has each of its monetary units (called “coins”) in an electronic registry, which is stored in computer […]

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Attorney, Business, Contracts, Laura Hassan

The Enforceability of Forum – Selection Clauses in Commercial Contracts

What are forum selection clauses and how do they affect a commercial relationship?  Forum-selection clauses are clauses within a contract which allow the contracting parties to agree to litigate a dispute in a particular state or court.  While forum-selection clauses are increasingly used in commercial contracts today, they can often be overlooked during contract negotiations, resulting in an obstacle when a dispute arises. A particular forum usually benefits one of […]

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Attorney, Brett K. Wiseman, Employment Law

Don’t Pay Twice: Unpaid Subcontractor Employee Wages and Cal. Labor Code § 218.7

Beginning January 1, 2018, Contractors are directly liable for the wages of any unpaid employee of their subcontractors, of any tier.  This is the effect of California Labor Code § 218.7[1].  California has continued its efforts to ensure that worker’s who are not paid their wages are guaranteed to receive them, no matter who ultimately must pay[2]. Contractors should already be familiar with the risks of unpaid subcontractor wages.  Under […]