Archive - 2008 - Article

Archive - 2008 - Article

December 14th

November 23rd

California's New Steps to Protect the Privacy of Medical Health Information

By Stephen T. Sigler

In an effort to provide greater protection to the privacy of medical patient’s heath information, California has passed two new companion bills, Senate Bill 541 and Assembly Bill 211. Both of these new pieces of legislation will take effect January 1, 2009 after being signed by Governor Schwarzenegger.

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October 13th

July 8th

The Calm Before the Storm: The Clean Trucks Program and Drayage Services Concession Agreement

By Hugh A. McCabe & Matthew R. Souther

Beginning October 1, 2008, the ports of Los Angeles and Long Beach will implement the Clean Trucks Program (“CTP”). It is a collective effort by both Ports as part of the San Pedro Bay Ports’ Clean Air Action Plan. The goal of the CTP is to reduce port related truck pollution by an estimated 80 percent.

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July 7th

Take Preventative Measures to Avoid Liability in Trucking Litigation

By Hugh A. McCabe

Proper screening and hiring of qualified drivers is imperative in minimizing liability to Trucking companies. Federal law regulates motor carriers’ hiring practices and imposes strict record-keeping requirements. Understanding federal hiring practice requirements and maintaining complete and current files will help motor carriers limit liability in lawsuits arising from driver error.

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June 29th

June 8th

Termination and Release Agreements: Is Your Business Adequately Protected?

An employer who has to terminate an employee or make a reduction of their workforce must make these decisions with a plan of action and take measured steps to assure their business is protected from wrongful termination liability. When presented with these situations it is astonishing how many employers are ill prepared. All too often employers provide terminated employees with severance pay, bonuses or other valuable financial incentives but do not require the employee to review and sign a termination and release agreement or a severance agreement.

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May 6th

Liability/Indemnity Among Multiple Defendants: Considerations When Contemplating Settlement Before Trial

A transportation company subcontracts to XYZ Freight to haul widgets. XYZ Freight, in turn, contracts with a driver to transport the widgets from San Diego to Redding, CA. While en route, a cotter pin on the braking mechanism fails, causing a multiple car collision near Gilroy, CA. The drivers involved in the accident sue the truck manufacturer under a theory of strict liability for brake failure cause by a manufacturing defect.

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April 24th

Estate Tax and Death

Many people do not understand the federal estate tax. Many people are also confused as to whether the executor of his/her estate will be required to pay estate tax. Proper estate planning can help eliminate and/or reduce the amount of estate tax that may become due upon your death.

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