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# Madison Law, APC

Full-Service Law Firm

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## Posts

- [Heavy Duty Vehicle Registration Compliance](https://madisonlawapc.com/heavy-duty-vehicle-registration-compliance/) - In support of California’s clean-air goals, the California Air Resources Board (“CARBâ€) has announced a new policy that blocks registration of certain vehicles. Dealers must know which vehicles are subject to registration denial in order to avoid adding them to their inventory. As of January 1, 2020, the DMV will deny vehicle registration renewals or
- [A Message From Our Managing Director](https://madisonlawapc.com/a-message-from-our-managing-director/) - Starting mid March of 2020, Madison Law implemented certain measures to reduce the possibility of infection around our offices. While many of these measures have been relaxed, some remain in place. New measures have also been added to update our safety rules. Here’s a list of what we are now doing: Our offices are open.
- [Co-Parenting During A Pandemic](https://madisonlawapc.com/co-parenting-during-a-pandemic/) - These unprecedented times can cause divorced or separated parents who share custodial time feel overwhelmed and concerned about the health and safety of their child. As part of these concerns, the primary custodial parent — also known as the “gatekeeper†— may be reluctant to follow the current visitation schedule. Despite these concerns, it is
- [COVID-19 And The FDA](https://madisonlawapc.com/covid-19-and-the-fda/) - Curing Covid-19 SARS-CoV-2 (Covid-19) took the world by surprise. Many experts knew a pandemic of this magnitude would eventually hit. No thanks to our experiences with HIV (1981 to present), H1N1 swine flu (2009), or the Spanish flu (1918), another pandemic was expected. Madison Law, APC represents a company that has developed an antiviral
- [Handling The COVID-Sick Employee](https://madisonlawapc.com/handling-the-covid-sick-employee/) - Handling the COVID -Sick and Purportedly COVID -Sick Employee The main questions we receive from employers during the pandemic is how to keep sick employees’ home and how to get healthy employees working. These are reasonable questions. Ordinarily, California’s employment laws are particularly employee friendly and are best understood only after the courts have had
- [The Importance of Disclosures in Legal Separation Proceedings](https://madisonlawapc.com/the-importance-of-disclosures-in-legal-separation-proceedings/) - These disclosures must be made in the early stages of a dissolution and legal separation proceeding and at the very end.
- [7 Tips For Effective Co-Parenting](https://madisonlawapc.com/7-tips-for-effective-co-parenting/) - This guide was created to provide separated and divorced parents with a guide to assist with the challenges associated with co-parenting.
- [California Family Law Updates for 2025 & Beyond](https://madisonlawapc.com/california-family-law-updates-for-2025-beyond/) - Discover California's 2025 family law updates, including divorce, child support, domestic violence, custody, and firearm provisions. Read the full analysis here.
- [Are Commission and Bonus Payments Considered Wages Under California Law?](https://madisonlawapc.com/are-commission-and-bonus-payments-considered-wages-under-california-law/) - While there are many complications in California’s wage and hour laws, two fundamental rules remain true: (1) an employee should be able to determine what they will be paid; and (2) an employee is entitled to their earned wages.
- [Non-Economic Damages in Medical Malpractice Cases](https://madisonlawapc.com/non-economic-damages-in-medical-malpractice-cases/) -   Understanding California’s Updated Cap on Non-Economic Damages in Medical Malpractice Cases: A Move Towards Fair Compensation In a recent change aimed at aligning with the principles of justice and fair compensation in medical malpractice actions, Governor Gavin Newsom has implemented new rules regarding the cap on non-economic damages in California. This modification pertains
- [Filing a Medical Malpractice Claim Under the Federal Tort Claims Act (FTCA)](https://madisonlawapc.com/6841-2/) - Filing a medical malpractice claim under the FTCA can be complex and is subject to strict procedural requirements and timelines.
- [Statutory Maximums for Auto Repair Liens in California](https://madisonlawapc.com/vehicle-repairs-storage-and-statutory-maximums/) - Cal. Civ. Code § 3068 enumerates the caps on vehicle repair and storage that a lienholder may charge before releasing a vehicle to its legal owner.
- [2025 Employment Law Highlights: What You Need to Know](https://madisonlawapc.com/2025-employment-law-highlights-what-you-need-to-know/) - California’s 2025 employment laws highlight freelance worker rules, hiring restrictions, and PAGA reforms. Stay compliant and protect your rights.
- [California Supreme Court Narrows Song-Beverly Act Protections in Rodriguez v. FCA US LLC](https://madisonlawapc.com/california-supreme-court-narrows-song-beverly-act-protections-in-rodriguez-v-fca-us-llc/) - Explore how the California Supreme Court’s decision in Rodriguez v. FCA US LLC affects warranty claims under the Song-Beverly Act, especially regarding used cars sold with a manufacturer’s warranty.
- [Prenup or No Prenup? Why a Prenuptial Agreement Might Be Right for You](https://madisonlawapc.com/prenup-or-no-prenup-why-a-prenuptial-agreement-might-be-right-for-you/) - Considering marriage in California? Learn how a prenuptial agreement can help you protect your assets, clarify debt obligations, and build financial transparency before you say “I do.”
- [Misclassification of Employees in California as Independent Contractors](https://madisonlawapc.com/misclassification-of-employees-in-california-as-independent-contractors/) - Explore why independent contractors in employment relationships are rare, and how to determine whether you are an employee or an independent contractor.
- [California Supreme Court Ruling on 30-Day Arbitration Fee Payment Deadline](https://madisonlawapc.com/california-supreme-court-ruling-on-30-day-arbitration-fee-payment-deadline/) - The California Supreme Court’s ruling on the 30-day arbitration fee deadline allows businesses to avoid penalties for late payments under good-faith mistakes.
- [Landlords, Take a Picture—Your Property Will Last Longer](https://madisonlawapc.com/landlords-take-a-picture-your-property-will-last-longer/) - New California law AB 2801 requires landlords to take and retain security deposit photos starting in 2025. Understand Civil Code § 1950.5, key deadlines, and smart practices to stay compliant.
- [DMV Personal Information Misuse: Judgment Against Kasra Sadr, The Car Law Firm, and Nationwide VIN Marketing](https://madisonlawapc.com/dmv-personal-information-misuse-judgment-against-kasra-sadr-the-car-law-firm-and-nationwide-vin-marketing/) - A Judgment Entered against Kasra Sadr, The Car Law Firm, and Nationwide VIN Marketing prohibits misuse of DMV personal information. Learn more about your rights under the DPPA.
- [Off-the-Clock Time: Being Helpful or a Victim of Wage Theft?](https://madisonlawapc.com/off-the-clock-time-being-helpful-or-a-victim-of-wage-theft/) - Off-the-clock work can lead to wage theft claims. Learn how California law defines this time, protects employees’ rights, and what employers can do to ensure compliance.
- [What Auto Dealers & Lenders Must Know About SCRA Compliance](https://madisonlawapc.com/what-auto-dealers-lenders-must-know-about-scra-compliance/) - Learn what auto dealers and finance companies must know about SCRA compliance. Avoid costly penalties for improper interest rates or repossessions with trusted legal counsel.
- [California’s CARS Act (SB 766) Is Official: What Auto Dealers Must Know Before October 2026](https://madisonlawapc.com/californias-cars-act-sb-766-is-official-what-auto-dealers-must-know-before-october-2026/) - California Legislature passed Senate Bill 766 (CARS ACT). The law goes into effect on October 1, 2026, and introduces new requirements to the auto dealer industry. Learn what dealers can do now to prepare for these changes.
- [Civil Litigation: What to Expect in a California Civil Lawsuit](https://madisonlawapc.com/civil-litigation-what-to-expect-in-a-california-civil-lawsuit/) - Thinking of filing a lawsuit or just got served? Learn what happens in a California civil case, from filing the complaint to discovery, trial, and potential settlement.
- [California Domestic Violence Prevention Act](https://madisonlawapc.com/california-domestic-violence-prevention-act/) - Domestic violence is not always physical violence. California law can protect you if you feel vulnerable because of the actions of your spouse, partner, or co-habitant, even when there is no physical violence involved.
- [Charging Interest Finance Charges for Repo Fees](https://madisonlawapc.com/charging-interest-finance-charges-for-repo-fees/) - A point of contention for finance companies and other holders of retail installment sales contracts has been whether a consumer may be charged for interest/finance charges for unpaid costs associated with a vehicle repossession.
- [Is Your Company Ready For The DCLA?](https://madisonlawapc.com/is-your-company-ready-for-the-dcla/) - On January 1, 2022, the DCLA will take effect in California. The DCLA requires that in order to “engage in the business of debt collection” in California, that person and/or business must be licensed by the Department of Business Oversight. (Cal. Fin. Code § 100001.)
- [Choosing Between Legal Separation and Divorce](https://madisonlawapc.com/choosing-between-legal-separation-and-divorce/) - Are you new to California, but are considering divorce? In California, you can separate your finances, divide joint marital property, and decide custody and child support issues through a legal separation without getting divorced.
- [California Supreme Court to Review Holder Rule Attorneys’ Fees Limitations](https://madisonlawapc.com/california-supreme-court-to-review-holder-rule-attorneys-fees-limitations/) - The ever-changing position with respect to holder liability continues to evolve in California.
- [A Guide to Child Custody Laws in California](https://madisonlawapc.com/mastering-child-custody-essential-guide-for-parents/) - Navigating child custody laws can be overwhelming for parents. Understanding the basics can help you feel more prepared and confident as you make important decisions for your family. Here's a straightforward guide to child custody laws in California.
- [Amendment to Consumers Legal Remedies Act Imposes New Rules on Junk Fees](https://madisonlawapc.com/new-amendment-coming-to-the-consumers-legal-remedies-act/) - California legislature passed SB-478 designed to target “Junk Fees.” SB-478 led to the amendment of the Consumers Legal Remedies Act (“CLRA”).
- [New Workplace Safety Rules in California: SB 553 Requirements for 2024](https://madisonlawapc.com/california-senate-bill-553-strengthening-workplace-violence-prevention-measures/) - California SB 553 requires employers to implement workplace violence prevention plans. Learn key requirements and compliance steps to meet Cal/OSHA standards
- [California CARS Act (SB766): New Auto Dealer Regulations Proposed in 2025](https://madisonlawapc.com/california-cars-act-sb766-new-auto-dealer-regulations-proposed-in-2025/) - The California CARS Act (SB766) proposes new disclosure, cancellation, and recordkeeping rules for auto dealers. Learn how it could affect the industry.
- [California Rental Assistance Program](https://madisonlawapc.com/california-rental-assistance-program/) - California Rental Assistance Program Given the unprecedented number of residential tenants who are in default for failure to pay rent given the COVID-19 pandemic, the California legislature has enacted a number of laws to address the anticipated need for relief and the resulting litigation. One of the more significant aspects of California’s recent legislative actions
- [Kasra Sadr’s Motion to Dismiss Federal Case Against Him Denied](https://madisonlawapc.com/kasra-sadrs-motion-to-dismiss-federal-case-against-him-denied/) - Kasra Sadr’s Motion to Dismiss Federal Case Against Him Denied In May of 2020, Madison Law, APC filed a lawsuit seeking to prevent Kasra Sadr and the Car Law Firm from directly or indirectly accessing the DMV’s confidential database for commercial purposes. It is alleged that Sadr conspired to acquire the plaintiffs’ personal and private
- [Consumer Financial Protection Bureau Has New Leadership](https://madisonlawapc.com/consumer-financial-protection-bureau-has-new-leadership/) - Consumer Financial Protection Bureau Has New Leadership With the recent confirmation of President Biden’s nomination to head the Consumer Financial Protection Bureau (“CFPB”), Mr. Rohit Chopra, the CFPB has new leadership and likely a more aggressive approach towards business than under prior leadership. In the past year, the CFPB has been particularly aggressive in its
- [Arbitration Agreements are (temporarily) Solution to PAGA claims](https://madisonlawapc.com/arbitration-agreements-are-temporarily-solution-to-paga-claims/) - On June 15, 2022, the United States Supreme Court issued its opinion in Viking River Cruises, Inc. v. Moriana. That opinion provides that an arbitration agreement may be enforced to require an employee to arbitrate that employee’s individual PAGA claims.
- [Should I Set Up As An S-Corporation Or An LLC In California?](https://madisonlawapc.com/should-i-set-up-as-an-s-corporation-or-an-llc-in-california/) - If you are starting a new business or interested in changing your existing business structure, a common question is should I choose an S-Corp or a LL.
- [New Bill Regarding GAP Refunds To Consumers Signed](https://madisonlawapc.com/new-bill-regarding-gap-refunds-to-consumers-signed/) - On January 1, 2023, new rules will go into effect concerning guaranteed asset protection waivers (“GAP”) in California.
- [Time to Revisit the Rules of Renting](https://madisonlawapc.com/time-to-revisit-the-rules-of-renting/) - The real estate market in Southern California has been on a relatively wild ride. As uncertainty grows, more attention turns toward alternatives to selling or purchasing a home.
- [The Inflation Reduction Act](https://madisonlawapc.com/the-inflation-reduction-act/) - As part of the Inflation Reduction Act, the federal government approved a tax credit for certain qualifying purchasers of used clean vehicles.
- [FTC Holder Rule & Attorney Fees](https://madisonlawapc.com/ftc-holder-rule-attorney-fees/) - The Supreme Court of California, decided that the Federal Trade Commission (“FTC”)’s Holder Rule does not limit the award of attorney’s fees where a customer seeks fees from a holder under a state prevailing party statute.
- [Legal Guardianship of a Minor in California](https://madisonlawapc.com/legal-guardianship-of-a-minor-in-california/) - When parents are absent, incapacitated, or unwilling to fulfill their parental responsibilities, questions about custody become more complex. What happens next?
- [CA Passes Bill Aimed At Reducing Catalytic Converter Theft](https://madisonlawapc.com/ca-passes-bill-aimed-at-reducing-catalytic-converter-theft/) - CA Passes Bill Aimed At Reducing Catalytic Converter Theft California recently passed Senate Bill 55, which was aimed at reducing catalytic converter theft. Senate Bill 55 added Cal. Veh. Code § 24020, which prohibits dealers and retail sellers from selling “a new or used vehicle equipped with a catalytic converter unless the catalytic converter has
- [The Immediate Effectiveness of the California Privacy Rights Act](https://madisonlawapc.com/the-immediate-effectiveness-of-the-california-privacy-rights-act/) - The Immediate Effectiveness of the California Privacy Rights Act In a pivotal ruling that warrants California business to pay immediate heed, the Court of Appeal has overturned a previous ruling that delayed the implementation of the California Privacy Rights Act (“CPRA”) until March 29, 2024. This ruling means that the CPRA is effective immediately, imposing
- [Lemon Laws in California](https://madisonlawapc.com/lemon-laws-in-california/) - Lemon Laws in California: What Car Dealerships Need to Know Owning or operating a car dealership in California presents a unique set of challenges and responsibilities. Among these, navigating the intricate web of "Lemon Laws" is of paramount importance. Understanding these laws is not just a legal necessity but is also crucial for maintaining your
- [Supreme Court Rules Against Community Financial Services Association](https://madisonlawapc.com/supreme-court-rules-against-community-financial-services-association/) - Supreme Court Rules Against Community Financial Services Association On May 16, 2024, the U.S. Supreme Court issued its opinion in Consumer Financial Protection Bureau, et al. v. Community Financial Services Association of America, Ltd., et al. Case No. 22-448. The primary challenge in this case was brought by “several trade associations representing payday lenders and
- [Judgment entered in Akkawi, et al. v. Sadr, et al.](https://madisonlawapc.com/judgment-entered-in-akkawi-et-al-v-sadr-et-al/) - Judge Dena M. Coggins entered Judgment against Defendants in favor of the Plaintiffs in Akkawi, et al. v. Sadr, et al.
- [How to Determine If You Need Probate: A Guide for Small Estates in California](https://madisonlawapc.com/how-to-determine-if-you-need-probate-a-guide-for-small-estates-in-california/) - Learn how to determine if probate is required in California. Understand small estate thresholds, simplified procedures, and non-probate asset rules.
- [2025 California Real Estate Law Highlights](https://madisonlawapc.com/2025-california-real-estate-law-highlights/) - From security deposits to eviction timelines and HOA rules—learn what has changed in California real estate law in 2025 and how it may affect your property.
- [California Overtime Law: Being Salaried Doesn’t Always Mean Exempt](https://madisonlawapc.com/california-overtime-law-being-salaried-doesnt-always-mean-exempt/) - Being salaried doesn’t always mean you’re exempt from overtime. Learn how the California overtime exemption works and what misclassification means for you.
- [Dividing Property in California: A Guide to Community vs. Separate Assets](https://madisonlawapc.com/what-is-considered-community-property/) - Community Property Explained: How Assets are Divided in a California Divorce When you hear the term “California divorce”, one of the first things that might come to mind is the concept of “community property.” But what does it truly mean, and how does it affect asset division during a divorce? In this blog post, we
- [Cannabis, Drug Testing, and Workplace Rights in California](https://madisonlawapc.com/employee-drug-use-testing-and-termination/) - Drug testing laws over the last few years have changed. They now provide greater protections for the use of cannabis by employees in the workforce
- [Pitfalls in Accepting Deferred Downpayment](https://madisonlawapc.com/pitfalls-in-accepting-deferred-downpayment/) - One of the issues that repeatedly plagues dealers is that of the deferred downpayment. Many consumers require the use of a deferred downpayment in order to complete their purchases. However, that presents a host of unique issues for dealers. The most common issues are improper disclosure, collection attempts after the purchase contract has been assigned
- [Pitfalls in Collecting Licensing Fees](https://madisonlawapc.com/pitfalls-in-collecting-licensing-fees/) - A new tactic by consumer attorneys, which has gained momentum over the past few years, is filing suit against dealerships who do not refund estimated vehicle license fees where a refund is due. Many dealers tend to overlook the relatively small amounts due to purchasers where an estimate of vehicle license fees is collected, the
- [Pitfalls in Warranty](https://madisonlawapc.com/pitfalls-in-warranty/) - Whether your dealership provides a warranty for the vehicles it sells may be a decision based on business practices or it may be required by law. When a warranty is provided by a dealership oftentimes that warranty can expose the dealership to consumer claims should the purchaser claim issues with the vehicle. Before you decide
- [Pitfalls in Non-English Deals](https://madisonlawapc.com/pitfalls-in-non-english-deals/) - In California, it is not unusual for dealerships to find customers who speak little or no English. According to the 2010 Census, for California residents age 5 and older, 42.98% spoke a language other than English as their primary language at home. (“Qualifying Urban Areas for the 2010 Census” Federal Register.) In 1976, the California
- [Pitfalls in Advertisement](https://madisonlawapc.com/pitfalls-in-advertisement/) - Advertising online is one of a dealer’s most valuable tools. It allows them to connect with their customers instantly. In an era where comparison-shopping can be done on a widespread scale over a specific location, dealers are taking every advantage available to them to ensure that their advertisements are noticed by a potential buyer. It
- [Impact of a Customer’s Bankruptcy after a Vehicle is Repossessed with an Unpaid Balance Due and Negative Equity](https://madisonlawapc.com/impact-of-a-customers-bankruptcy-after-a-vehicle-is-repossessed-with-an-unpaid-balance-due-and-negative-equity/) - Many of our clients have inquired as to how a licensed vehicle dealer or finance company in California should act with respect to a customer who has a financed vehicle purchase and no equity in the vehicle after the customer defaults on the purchase contract and then files for bankruptcy. For specific transactions that involve
- [The California Supreme Court Addressed the Viability of Class Action Waivers](https://madisonlawapc.com/the-california-supreme-court-addressed-the-viability-of-class-action-waivers/) - The California Supreme Court has again taken up the issue of an individual consumer’s ability to obtain remedies for similarly situated third parties. This change in the law may have a significant impact in the auto sales/auto finance industry. The California Supreme Court recently ruled in McGill v. Citibank, N.A. (2017) 2 Cal.5th 945, that
- [Supreme Court Limits Fair Debt Collections Practice Act](https://madisonlawapc.com/supreme-court-limits-fair-debt-collections-practice-act/) - Yesterday the United States Supreme Court issued its opinion in Henson, et al. v. Santander Consumer USA Inc. (2017) 16-349. In Henson, the Court resolved an issue as to the applicability of the Fair Debt Collection Practices Act, 15 USCS § 1692, et seq. Specifically, the Court took up the issue of “who exactly qualifies
- [New Law Affecting Your Dealership](https://madisonlawapc.com/urgent-new-law-affecting-your-dealership/) - In June of 2015, on behalf of one of our dealers, our firm secured an order, by the United States District Court for the Central District of California, dismissing a complaint against our client for violations of the Americans with Disabilities Act (“ADA”). The complaint essentially alleged that our client violated the ADA by failing
- [Strengthening Your Immigration Applications by Cleaning Up Your Criminal Record](https://madisonlawapc.com/strengthening-your-immigration-applications-by-cleaning-up-your-criminal-record/) - Coming to the United States to pursue the “American Dream” is the goal of many people all around the world. Unfortunately, even a minor criminal conviction can pose obstacles to obtaining permanent residency, citizenship, or renewal of a visa. When considering an immigration application, the United States Citizenship and Immigration Services (“USCIS”) generally considers whether
- [Fortalecimiento De Su Aplicación De Inmigración Con La Limpieza De Sus Convicciones Criminales](https://madisonlawapc.com/fortalecimiento-de-tu-aplicacion-de-inmigracion-con-la-limpieza-de-sus-convicciones-criminales/) - Venir a los Estados Unidos para alcanzar el "sueño americano" es la meta de muchas personas alrededor del mundo. Por desgracia, incluso una menor convicción criminal puede plantear obstáculos a la obtención de residencia permanente, ciudadanía, o la renovación de una visa. Al considerar una solicitud de inmigración, la ciudadanía de Estados Unidos y servicios
- [Mediation Confidentiality: Make Sure All the Terms are in a Written Agreement](https://madisonlawapc.com/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
- [Changes To The Buyer's Guide](https://madisonlawapc.com/changes-to-the-buyers-guide/) - Starting January 27, 2018, the Federal Trade Commission will require all used automobile dealers to use a revised Buyers Guide. The revised Buyers Guide: Changes the description of an “As Is” sale; Places boxes on the face of the Buyers Guide that dealers can check to indicate whether a vehicle is covered by a third-party
- [Don’t Pay Twice: Unpaid Subcontractor Employee Wages and Cal. Labor Code § 218.7](https://madisonlawapc.com/dont-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
- [The Enforceability of Forum - Selection Clauses in Commercial Contracts](https://madisonlawapc.com/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,
- [What Is Digital Currency And How Does It Function?](https://madisonlawapc.com/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
- [When A Vehicle's History Report Causes A Mileage Discrepancy](https://madisonlawapc.com/when-a-vehicles-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
- [Risk And Regulation Of Digital Currency](https://madisonlawapc.com/risk-and-regulation-of-digital-currency/) - Risks And Regulation Of Digital Currency 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 is Bitcoin. At bitcoin.org under the tab “you-need-to-know” states “Bitcoin is an experimental new currency that is
- [Battle Of The Forums: Deciding On A Venue For Arbitration](https://madisonlawapc.com/battle-of-the-forums-deciding-on-a-venue-for-arbitration/) - So you have sold a vehicle. You have informed the customer that, per the Retail Installment Sales Contract, any and all disputes they may have with either the purchased vehicle or your dealership are subject to arbitration. A dispute arises, you bring the case to our attention, and more likely than not, your case is
- [Court Rules Services Advisors are Exempt](https://madisonlawapc.com/court-rules-services-advisors-are-exempt/) - On April 2, 2018, the United States Supreme Court issued its opinion in Encino Motorcars, LLC v. Navarro, et al. No. 16-1362 (“Encino”). In Encino, the Court reversed a Ninth Circuit Court of Appeals Decision and ruled that automotive service advisors are exempt employees not entitled to overtime wages per the Fair Labor Standards Act
- [Business Formation: Protecting Your Business and Your Personal Assets](https://madisonlawapc.com/business-formation-protecting-your-business-and-your-personal-assets/) - When you are thinking of starting a business, you may have questions about protecting yourself and your assets. You may also have questions as to which type of business entity you should form for your business needs. So, what is the best entity for your business and what are the benefits and protections of forming
- [Why A Safety Inspection Is So Important!](https://madisonlawapc.com/why-a-safety-inspection-is-so-important/) - A safety inspection for a vehicle that your dealership is going to offer for sale to the public is not just a good idea, it is required by law. A proper safety inspection can reveal potential problems with a vehicle and act as an insurance policy which confirms that a vehicle sold by your dealership
- [Why it is Important to Document Employment Relationships](https://madisonlawapc.com/why-it-is-important-to-document-employment-relationships/) - Most dealerships in California utilize a commission compensation structure in order to pay their sales staff. Doing so is generally allowed if the dealership complies with the myriad of laws dealing with this type of arrangement. The problem is that many dealerships run into costly issues when they do not properly calculate the pay due
- [How To Effectively Protect Your Intellectual Property: Trademark, Patent, or  Copyright?](https://madisonlawapc.com/how-to-effectively-protect-your-intellectual-property-trademark-patent-or-copyright/) - Have a symbol? Trademark it. Have an invention? Patent it. Have an idea? Copyright it. Many individuals lump these three property right protections into one category. However, in order to effectively protect your intellectual property, you need to know which of the three you will use to protect your work. Below each will be discussed
- [Proposition 65 Warning & Your Dealership](https://madisonlawapc.com/proposition-65-warnings-your-dealership/) - PROP 65 GENERALLY Prop 65, aka the Safe Drinking Water and Toxic Enforcement Act, requires CA to publish a list of chemicals known to cause cancer or reproductive toxicity, and for businesses with 10 or more employees to provide warnings when they knowingly and intentionally cause significant exposures to listed chemicals. NOTE: Prop 65 does
- [California Assembly Bill (AB) 516 – Temporary License Plates](https://madisonlawapc.com/california-assembly-bill-ab-516-temporary-license-plates/) - September 20, 2018 Re: California Assembly Bill (AB) 516 – Temporary License Plates California Assembly Bill (AB) 516 was chaptered on July 25, 2016, with an implementation date of January 1, 2019. This legislation creates a required new electronic issuance process and new temporary permits for use by dealers to issue Reports of Sale and
- [Electronic Signatures in Vehicle Sales](https://madisonlawapc.com/electronic-signatures-in-vehicle-sales/) - Electronic transactions have vastly simplified the way many industries document deals. Several of my automobile dealership clients have inquired as to whether vehicle transactions can be documented electronically. Currently, the answer to that question is no. Despite the aging equipment used to memorialize deals found in many automobile dealerships, including dot matrix printers with cutting
- [Neighbor Disputes: Shared Fencing](https://madisonlawapc.com/neighbor-disputes-shared-fencing/) - One of the most common disputes arising among landowners in California is, when a shared fence needs to be repaired or replaced, which neighbor pays? The short answer is that California law says that both share equally in the cost. However, with most issues at law, the complete answer is never that simple. Cal. Civ.
- [THE PURPOSE & BENEFITS OF MEDIATION](https://madisonlawapc.com/the-purpose-benefits-of-mediation/) - Mediation, in one form or another, has been around since the dawn of civilization and is widely used for dispute resolution in many cultures. However, mediation was not a part of the common law process and, until recently, was utilized only for certain types of disputes (notably, labor-management grievances). Today, mediation is used in all
- [PG&E Chapter 11 Bankruptcy—It’s Deja Vu All Over Again](https://madisonlawapc.com/pge-chapter-11-bankruptcy-its-deja-vu-all-over-again/) - On January 29, 2019 at 6:32 am, PG&E Corporation (“PG&E”) filed its petition for bankruptcy relief in the San Francisco Division of the Northern Bankruptcy District of California for Case Number 19-030088. This is the second time in 20 years that PG&E has sought bankruptcy relief under Chapter 11 of the United States Code. This
- [Reduce Taxes By Investing In Qualified Opportunity Zones And Like Kind Exchanges](https://madisonlawapc.com/reduce-taxes-by-investing-in-qualified-opportunity-zones-and-like-kind-exchanges/) - The Commodore Hotel Revitalizes New York City’s Grand Central Neighborhood In 1976, New York City (“City”) was bankrupt and crime-ridden. While City residents and businesses fled to avoid the City’s crisis, The Trump Organization and the Hyatt Corporation (collectively the “Partners”) bought the 25-story, 60-year old Commodore Hotel (“Hotel”) on 42nd Street near Grand Central
- [Dealer Bond vs. Cash Deposit](https://madisonlawapc.com/dealer-bond-vs-cash-deposit/) - In order to operate as a dealer in California, the California Department of Motor Vehicles (“DMV”) requires dealers to provide a $50,000 dealer bond to protect purchasers, sellers, financing agencies, and governmental agencies against monetary loss resulting from the dealer committing fraud and/or making fraudulent misrepresentations. (Cal. Veh. Code § 11710.) In response to this
- [Automatic Temporary Restraining Orders (AKA “ATROS”)](https://madisonlawapc.com/automatic-temporary-restraining-orders-aka-atros/) - California is a community property state and there is a presumption that all property (real or personal) that is acquired during a marriage is community property. That is why it is inherently important to understand what a party is restricted from doing upon the filing of a dissolution, legal separation, or nullity of marriage in
- [Repair Work: A Word of Caution](https://madisonlawapc.com/repair-work-a-word-of-caution/) - As has become a truth in California with respect to auto dealers, no good deed goes unpunished. Many consumer attorneys have taken issue with dealers providing goodwill and/or warranty work for recently sold vehicles where a written estimate for the work to be provided and/or an invoice for completed work was not provided. This often
- [How The New Consumer Privacy Act Could Affect Your Business](https://madisonlawapc.com/how-the-new-consumer-privacy-act-could-affect-your-business/) - Recent advancements in technology have made the sharing of information, including personal information, much easier than it was in the past. Of course, the easier it is to share, the greater the need becomes for protection of such information and it appears as if California has come to this realization. The California Consumer Privacy Act
- [Three Contractor's License Mistakes That Matter](https://madisonlawapc.com/three-contractors-license-mistakes-that-matter/) - Contractors – even licensed contractors – sometimes make mistakes. There are at least three mistakes that could result in the contractor being deemed unlicensed by a judge or jury. This adverse finding can have significant consequences. It may be helpful to first provide a reminder of why licensure is so uniquely important in the construction
- [New Bill Signed Into Law Could Possibly Affect All Finance Companies](https://madisonlawapc.com/new-bill-signed-into-law-could-possibly-affect-all-finance-companies/) - On July 12, 2019, Governor Gavin Newsome signed a bill which enacted Cal. Civ. Code § 1459.5. The purpose of enacting Section 1459.5 was to legislatively overturn Lafferty v. Wells Fargo Bank, N.A. (2018) 25 Cal.App.5th 398 (“Lafferty”), which held that attorneys’ fees were not recoverable against a holder by a consumer for claims brought pursuant
- [Should You Join A Labor Union?](https://madisonlawapc.com/should-you-join-a-labor-union/) - While some may argue that labor unions are outdated, there are still a number of benefits to joining a labor union. For example, who does not want to make more money and have great benefits? Who does not want a safer work environment? The answer to these questions should be “nobody,” because money is a
- [Wrongful Termination & Hostile Work Environment Claims](https://madisonlawapc.com/wrongful-termination-hostile-work-environment-claims/) - The most common civil claims against employers relate to either (1) problems with wages and hours worked, or, (2) termination and harassment claims. Claims in the first category may include overtime issues, missed meal or rest periods, inaccurate paystubs, bonus payments, and similar issues. While the details can be quite complicated, the basic question involved
- [PG&E Bankruptcy Update: It's All About Funding a Plan](https://madisonlawapc.com/pge-bankruptcy-update-its-all-about-funding-a-plan/) - On January 29, 2019, PG&E Corporation (“PG&E”) filed its petition for bankruptcy relief in the United States Bankruptcy Court for the Northern District of California. As will be discussed in detail below, PG&E’s petition came in the wake of wildfire-related lawsuits that exposed PG&E to billions of dollars in potential liabilities. As of September 30,
- [Salary and Sorry: When in Doubt Pay by the Hour](https://madisonlawapc.com/salary-and-sorry-when-in-doubt-pay-by-the-hour/) - Employers are more likely to pay large damages awards when they choose to pay employees a salary. Moreover, employees are more likely to miss breaks and the associated health and safety benefits on a salary. Employment law, particularly California employment law, is a field with requirements that change every single year. These requirements can be
- [Failure to Pay Arbitration Fees Can Land You in Court](https://madisonlawapc.com/failure-to-pay-arbitration-fees-can-land-you-in-court/) - Starting this year, there will be new rules as to how payments must be made in consumer and employment arbitrations. Effective as of January 1, 2020, Cal. Code Civ. Proc. §§ 1281.97, 1281.98, and 1281.99 proscribe hard deadlines for the payment of arbitration fees in consumer and employment arbitrations and provide remedies for consumers and
- [New California Laws In 2020](https://madisonlawapc.com/new-california-laws-in-2020/) - Dozens of new state laws are going into effect across California. From minimum wage to rent control to domestic violence, below are some of the key points of some of these new laws: Consumer Protection AB 539: Predatory Lending On January 1, 2020, significant amendments were made to the California Financing Law. Some such amendments
- [A Message from our Managing Director](https://madisonlawapc.com/message-from-our-managing-director/) - At Madison Law, APC, the health and well being of our clients, staff, and community is our top priority. We also understand that our duty to our clients cannot be marginalized under any circumstances. I would like to explain our concerns with coronavirus (COVID-19) and update you on how we will be handling our duties
- [Actions To Take During COVID-19 Shutdown](https://madisonlawapc.com/actions-to-take-during-covid-19-shutdown/) - Given these unprecedented events surrounding the COVID-19 pandemic, many small businesses are left wondering how they will deal with a number of issues. In all likelihood, the two most pressing issues facing small businesses are their employees and their liquidity. In light of recent federal legislation, there are certain actions you can take now to ease the
- [Spousal Support](https://madisonlawapc.com/spousal-support/) - “Spousal support,” also known as “alimony,” is a term used for payments from one spouse to another after a dissolution has been filed. Spousal support can be broken down into two types: temporary and permanent. Before you move forward with your divorce, it is a good idea to understand how spousal support is determined, how
- [The Significance of the Date of Separation](https://madisonlawapc.com/the-significance-of-the-date-of-separation/) - In proceedings for legal separation or dissolution of marriage, the date on which a married couple deems to be separated is of great significance. California uses the date of separation as the essential date for determining characterization of the parties’ assets and debts, and for determining spousal support rights. This includes the principle that assets
- [Small Business Owner's Guide to the CARES Act](https://madisonlawapc.com/small-business-owners-guide-to-the-cares-act/) - The programs and initiatives in the Coronavirus Aid, Relief, and Economic Security (CARES) Act that was just passed by Congress are intended to assist business owners with whatever needs they have right now. When implemented, there will be many new resources available for small businesses, as well as certain non- profits and other employers.
- [Gym Membership Dues in the Time of COVID-19](https://madisonlawapc.com/gym-membership-dues-in-the-time-of-covid-19/) - Gyms sell access to their facilities, their equipment, sometimes to workout instruction, and other amenities. Each of these offerings require that the customer can enter the building – a matter which is suddenly an issue during this global pandemic as California gyms have been ordered to close due to the COVID-19 pandemic.[1] Each gym has
- [California Eviction Relief For Commercial Tenants](https://madisonlawapc.com/california-eviction-relief-for-commercial-tenants/) - In light of the unprecedented national emergency caused by the COVID-19 pandemic, many commercial tenants in California, and the rest of the country, are facing difficulties in paying their rent. At the federal level, three stimulus packages have been passed which aimed to ease the economic burden caused by the nearly nationwide shutdown. However, the funds
- [Auto Dealerships Are Essential](https://madisonlawapc.com/auto-dealerships-are-essential/) - On March 19, 2020, Governor Gavin Newsom issued Executive Order N-33-20 (“Order”) which effectively shut down most of California in response to the COVID-19 pandemic. In issuing the Order, many licensed California dealers were left guessing as to whether the automotive sales industry was essential such that it could continue to operate. On April 28,
- [Online Vehicle Sales and Off-Site Delivery](https://madisonlawapc.com/online-vehicle-sales-and-off-site-delivery/) - Due to the unusual circumstances surrounding the COVID-19 Coronavirus pandemic (“COVID-19”), many industries are faced with unprecedented challenges – including the automobile sales industry. Fortunately, the California Department of Motor Vehicles (“DMV”) has recognized some of those challenges and provided a solution. Previously, an automobile dealer was required to conduct vehicle sales at the dealership’s licensed
- [Is Chapter 11 Bankruptcy the Remedy for Businesses Hurt by COVID-19?](https://madisonlawapc.com/is-chapter-11-bankruptcy-the-remedy-for-businesses-hurt-by-covid-19/) - California’s “Stay-at-Home” order and resulting lockdown to confront the Corona Virus (also known as “Covid-19”) pandemic forced most businesses— except those deemed to be essential—to shut down as of March 19, 2020 until Governor Gavin Newsom issues a new order to end the Stay-at-Home order. With the end of the lockdown uncertain, most businesses face
- [Cal. Civ. Code § 1459.5. Ruled Unconstitutional](https://madisonlawapc.com/cal-civ-code-§-1459-5-ruled-unconstitutional/) - On July 12, 2019, Governor Gavin Newsom signed into law Cal. Civ. Code § 1459.5. The purpose of enacting Section 1459.5 was to legislatively overturn Lafferty v. Wells Fargo Bank, N.A. (2018) 25 Cal.App.5th 398 (“Lafferty”), which held that attorneys’ fees were not recoverable against a holder by a consumer for claims brought pursuant to the
- [Can a Bankruptcy Cure Coronavirus-Related Financial Problems?](https://madisonlawapc.com/can-a-bankruptcy-cure-coronavirus-related-financial-problems/) - California’s “Stay-at-Home” order and the resulting lockdown to confront the Coronavirus (also known as “COVID-19”) pandemic forced most businesses—except those deemed to be essential—to shut down as of March 19, 2020 until Governor Gavin Newsom issues an order to end the Stay-at-Home order. With the end of the lockdown uncertain, business as usual is no
- [Potential Limitations on Landlords and Protections for Tenants](https://madisonlawapc.com/potential-limitations-on-landlords-and-protections-for-tenants/) - California is continuing to explore legislation which would significantly alter the residential landlord tenant relationship as a result of the COVID-19 pandemic. Currently, AB-1436 is working its way through the California legislature. AB-1436, if passed in its present state, would impose significant restrictions on landlords in evicting their tenants and provide unprecedented protections for tenants.
- [COVID-19 INDUSTRY GUIDANCE: Automobile Dealerships and Rentals](https://madisonlawapc.com/covid-19-industry-guidance-automobile-dealerships-and-rentals/) - COVID-19 INDUSTRY GUIDANCE: Automobile Dealerships and Rentals With COVID-19 cases on the rise, Governor Newsom has recently ordered new California closures for non-essential businesses. The State Public Health Officer has noted that “[w]orkers critical to the manufacturing, distribution, sales, rental, leasing, repair, and maintenance of vehicles and other transportation equipment (including electric vehicle charging stations)
- [5 Estafas de Inmigración Más Comunes](https://madisonlawapc.com/5-estafas-de-inmigracion-mas-comunes/) - Asuntos de inmigración pueden ser complicados y angustiante, con recursos limitados y una comprensión limitado del idioma inglesa, los extranjeros son la presa perfecta para el estafador que busca hacer dinero rápido. Ser atrapado en una estafa de inmigración puede ser extremadamente perjudicial para la víctima. El estatus migratorio de la víctima podría estar en
- [Five Rules You Need to Know Before Filing a Medical Malpractice Lawsuit in California](https://madisonlawapc.com/five-rules-you-need-to-know-before-filing-a-medical-malpractice-lawsuit-in-california/) - Five Rules You Need to Know Before Filing a Medical Malpractice Lawsuit in California California has a number of unique requirements and rules that should be considered prior to filing a medical malpractice lawsuit. The requirements demanding special attention include the statute of limitations, providing notice to the health care provider that a person intends
- [Five Benefits of Mediation](https://madisonlawapc.com/five-benefits-of-mediation/) - Alternative Dispute Resolution (“ADR”) is a technique that can be used to facilitate the resolution of a dispute between disagreeing parties. ADR is particularly necessary given the impossibility of the court systems to try every case filed to verdict. While there are many forms of ADR, this article focuses solely on mediation. Mediation involves the
- [Steps to Take After A Car Accident](https://madisonlawapc.com/steps-to-take-after-a-car-accident/) - Car Accident: First Steps Auto accidents are unexpected and stressful. Even the most careful drivers may be involved in a collision. When someone has been injured or killed in a motor-vehicle collision in California, the accident victim and their family members are left with medical bills, lost income, and other costs. It is important to
- [Residential Evictions During COVID-19](https://madisonlawapc.com/residential-evictions-during-covid-19/) - COVID-19 has prompted an incredible number of new laws, orders, changes in procedure, and other modifications to how and when a tenant may be evicted and when rents are actually due. This is intended to be a nonexhaustive update through this date. It is always recommended and necessary to confirm that no further orders, law
- [Round Two of the Paycheck Protection Program](https://madisonlawapc.com/round-two-of-the-paycheck-protection-program/) - This week, round two of the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”) opened for application for funding through various financial institutions approved to administer the program. This second round of funding is part of the recent federal COVID relief bill. The terms of this second round of PPP funding largely mirror the terms
- [Changes to Expect in the Courts in Light of COVID-19](https://madisonlawapc.com/changes-to-expect-in-the-courts-in-light-of-covid-19/) - As public spaces begin to reopen throughout California, patrons will notice changes in accessibility to those spaces, as well as the increased cleaning and safety protocols now in place, particularly as they relate to COVID-19. Given that California counties are opening in waves depending upon their progress controlling COVID-19 cases, this article breaks down some
- [Auto Finance Companies Liable for Attorneys’ Fees to Consumers](https://madisonlawapc.com/auto-finance-companies-liable-for-attorneys-fees-to-consumers/) - On January 29, 2021, the California Court of Appeal for the Second Appellate District, in Pulliam v. HNL Automotive Inc.(2021) Cal.App.5th [2021 Cal.App. LEXIS 81], held that the Holder Rule (16 C.F.R. § 433.2) does not limit the attorneys’ fees that a plaintiff may recover from a creditor-assignee. In doing so, the court rejected the
- [Project Youth OCBF](https://madisonlawapc.com/project-youth-ocbf/) - Madison Law, APC believes that it is of fundamental importance to give back and be a part of our local youth development. This summer, Madison Law, APC had the opportunity to participate in the 2019 Project SELF (Summer Employment in Law Firms). Project SELF is a program that provides motivated rising high school seniors in

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- [About Us](https://madisonlawapc.com/about-us/) - Madison Law, APC is a full-service law firm in Irvine providing trusted legal counsel in personal injury, business law, litigation, and more.
- [Diana Akkawi, et al. v. Kasra Sadr, et al.](https://madisonlawapc.com/5621-2/) - Defendants are alleged to have improperly accessed and/or acquired confidential personal information. We currently represent the Plaintiffs in a lawsuit filed in the U.S. District Court of the Eastern District of California in Sacramento, California with Case Number 2:20-CV-01034-MCE-AC (“Lawsuitâ€). Kasra Sadr, The Car Law Firm, The Sadr Law Firm, Nationwide VIN Marketing, and Ryan
- [Susanna F. Wiseman](https://madisonlawapc.com/susanna-f-wiseman/) - Partner Susanna F. Wiseman, Esq. Delivering Focused, Fact-Driven Legal Solutions with Precision Overview And Experience Construction Law Employment Law Real Property Law A Skilled Litigator with a Proven Approach to Resolution Ms. Wiseman has been practicing law since 2011. Ms. Wiseman has followed a single guiding philosophy which has made her popular with her clients
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- [Laura Hassan](https://madisonlawapc.com/laura-hassan/) - Senior Associate Family Law Department Manager Laura Hassan, Esq. Offering Meticulous Legal Guidance with a Client-Centered Approach Overview and Experience Family Law Consumer Litigation Personal Injury Advocating with Tenacity, Compassion, and Commitment Laura Hassan has been with Madison Law, APC since 2016, first as a law clerk and now as an associate attorney. At Madison
- [Alexis A. Jugan](https://madisonlawapc.com/alexis-a-jugan/) - Associate Alexis A. Jugan, Esq. Focused on Thoughtful, Level-Headed Solutions for Complex Legal Matters Overview and Experience Business Litigation An Accomplished Leader with a Strong Foundation in Legal Advocacy Alexis Jugan has been an integral part of Madison Law, APC since 2021, initially joining as a law clerk and progressing to her current role as
- [Jacob A. Pace](https://madisonlawapc.com/jacob-a-pace/) - Associate Jacob A. Pace, Esq. Committed to Upholding the Law with Integrity and Diligence Overview and Experience Consumer Litigation Business Litigation Malpractice Versatile and Prepared to Take On Any Legal Challenge Jacob A. Pace has been with Madison Law, APC since 2022, first as a law clerk and now as an associate attorney. Mr. Pace
- [Jenos Firouznam-Heidari](https://madisonlawapc.com/jenos-firouznam-heidari/) - Director & Partner Jenos Firouznam-Heidari, Esq. Extensive Litigation Concentration and Proven Legal Leadership Overview and Experience Business Litigation Family Law Personal Injury Litigation A Passionate Advocate with a History of Legal Achievement Since joining the firm, Ms. Firouznam-Heidari has successfully litigated hundreds of cases before state and federal trial and appellate courts. Ms. Firouznam-Heidari is
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- [Family Law](https://madisonlawapc.com/family-law/) - Dedicated Family Law Representation for Complex Disputes Family Law Family law encompasses some of the most sensitive and emotionally challenging legal issues that individuals and families encounter, involving matters such as divorce, child custody, and spousal support. At Madison Law, we understand the deeply personal nature of family law disputes, and we are committed to
- [Consumer Law, Auto, & Finance Industry](https://madisonlawapc.com/consumer-law-auto-finance-industry/) - Comprehensive Protection Against Consumer Litigation Risks Consumer Law, Auto, and Finance Industry At Madison Law, we provide robust legal protection for businesses operating in the automobile sales and finance sectors. Both federal and California state laws, including the Consumers Legal Remedies Act and the Song-Beverly Consumer Warranty Act, provide avenues of recovery to consumers that
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- [Judgment Debt Collection](https://madisonlawapc.com/judgment-debt-collection/) - Comprehensive Debt Collection Strategies for Maximum Recovery Judgment Debt Collection If you have secured a court judgment but are encountering challenges in collecting the amounts you are owed, Madison Law is here to assist. At Madison Law, we specialize in judgment debt collection, offering comprehensive legal solutions to help you recover your funds. Our skilled
- [Personal Injury](https://madisonlawapc.com/personal-injury/) - Personalized Legal Guidance for Complex Injury Cases Personal Injury Personal injury cases can be life-altering, often involving nuanced legal and medical issues. At Madison Law, we understand the gravity of these matters and approach every case with the diligence, resources, and experience required to secure the most just and favorable outcome. Unlike firms that may
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- [Labor & Employment Law: Employer](https://madisonlawapc.com/labor-employment-law-employer/) - Tailored Legal Solutions to Navigate Complex Workplace Issues Labor & Employment: Employer As a firm founded by business-minded professionals, Madison Law is uniquely positioned to provide employers with effective legal solutions that minimize risk and maximize compliance. We offer a wide range of legal services for employers, including but not limited to: Commercial Litigation: Handling
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