Archive - 2009

Archive - 2009

October 3rd

September 30th

Do the Changes to the California's "No Contest" Clause Effect Me?

A “no contest” clause is a provision in a will, trust or other instrument, stating a person who contests or attacks the instrument will take nothing under the instrument, or in the alternative, may take a reduced share. Thus, a “no contest” clause forces a contesting party to determine whether he/she should: take the gift as provided under the instrument, if any, or risk losing everything. Such a provision is intended to reduce litigation by disappointed heirs. The general rule in California provides that a no contest clause is enforceable. In

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August 10th

Mike Neil Elected 2009-2010 Secretary-Treasurer of the FDCC

Neil Dymott proudly congratulates Michael Neil, on his election as Secretary-Treasurer of the prestigious Federation of Defense & Corporate Counsel (FDCC). Mr. Neil has served on the Board of Directors of FDCC since 2007. The FDCC announced its 2009-2010 Executive Officers and Board of Directors at its 2009 Annual Meeting in Hot Springs, Virginia. Mr. Neil will serve as Secretary-Treasurer of FDCC for 2010. He will then be elevated to Vice President in 2011, and in 2012 will serve as President.

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July 31st

The Telephone Consumer Protection Act: A Billion Dollar Statute in the Making

Congress enacted the Telephone Consumer Protection Act (“TCPA”) with the intent of stopping technology savvy telemarketers from making excessive calls. However, this statute can create enormous liability with minimal proof against anyone who uses an automated dialer.

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July 29th

Four Neil Dymott Attorneys Selected as Best Lawyers in America for 2010

Neil, Dymott, Frank, McFall & Trexler is proud to announce that attorneys Michael I. Neil, Robert W. Frank, Sheila S. Trexler and Clark R. Hudson have been named to the 2010 edition of Best Lawyers®, the oldest and most respected peer-review publication in the legal profession.  Mr.

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July 21st

Shareholder Clark Hudson named San Diego "Top Attorney" for 2009

Neil Dymott congratulates Clark Hudson on his recent recognition by the San Diego Daily Transcript as one of “San Diego’s Top Attorney” finalists in Insurance Law.  Mr. Hudson was previously recognized for this category in 2006.

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July 12th

Considerations for Selecting a Medical Expert

In a medical malpractice action, an expert witness is crucial to establish standard of care, causation and damages. Both sides retain experts to promote their perspectives. Therefore, medical issues often are reduced to a “battle of the experts,” in which the experts themselves become more compelling than the substance, reliability, or validity of their testimony. A good expert can captivate a jury, and clearly and concisely explain esoteric concepts in layman’s terms. A bad expert can lose a jury in complex subject matter, or worse, alienate a jury from your client.

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June 30th

Discovery of Electronically Stored Information

Technology has changed how people create, share, and store information. Digital information is produced in ever growing volumes. For example in 2007 the email volume per person was estimated to be four gigabytes. That would equal one hundred and four Banker’s boxes of paper! This ever increasing creation of digital information means digital discovery issues will play an increasingly larger role in litigation. 

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June 13th

Six Neil Dymott Attorneys Named Super Lawyers for 2009

Neil Dymott is pleased to announce that six of the firm’s attorneys have been named San Diego Super Lawyers for 2009. Michael Neil, Robert Frank, James McFall, Sheila Trexler, Hugh McCabe and Clark Hudson were all selected for inclusion in the 2009 San Diego magazine. In addition to the prestigious recognition as a Super Lawyer, Sheila Trexler was for the third year in a row ranked in the “Top 25 Women” and for the second year in a row Clark Hudson was ranked in the “Top 50” Super Lawyers for San Diego.

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June 1st

Is the S-Corp Right for Your Family Owned Business?

Do you run a family-owned business? Is personal liability a concern? Are you looking for ways to transfer wealth to your children? Forming an S corporation as a vehicle for your family-owned business may be a great business and estate planning option.     
In California, the S corporation can be formed by electing to be taxed under Subchapter S of the Internal Revenue Code. In affect, the corporation will be taxed like a partnership. Both income and expenses are “passed through” directly t

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