Category: Attorney

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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 […]

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Attorney, Criminal, Defense

Mediation Confidentiality: Make Sure All the Terms are in a Written Agreement

Everyone is entitled to their day in court:[1] few take it.[2] Historically, less than 3% of cases go to trial.  Instead, most of the lawsuits filed are settled.  And most of the cases that settle, settle in mediation.[3] Mediation was once controversial in particularly contentious cases.[4] Now, mediation is so well accepted that you may be ordered to attend mediation by your Judge – even if you do not want […]