Neil, Dymott, Frank, McCabe & Hudson, APLC

Legal Developments

Healthcare & Counseling: New Changes to California Law for 2014

The California legislature has wrapped up business for 2013, and the result is a number of new laws impacting both consumers and providers of healthcare throughout the state. Physical therapy has typically been available only upon referral by a physician. ...

2014 Employment Law Changes in California

A new year is upon us and so is a slew of new laws courtesy of our California legislature. As usual, California business owners have been targeted and will need to be keenly aware of these changes to focus more ...

Whose Phone Number is it Anyway?

When Companies Allow Their Employees to Use Cell Phones for Both Business and Personal Use? There is nothing more difficult then switching phone numbers.  People move across the country yet keep their out of state cell phone number.  It is ...

Are the Courts Reviving Prohibition for the Office Holiday Party?

Published in DRI's In-House Defense Quarterly Winter 2014 Edition Ignoring cautionary tales from friends, family, television, blogs, and other assorted media, employees around the world inevitably overindulge in holiday spirits at the annual company holiday party. The fortunate among them ...

SB 292: The Expanded Scope of Workplace Sexual Harassment and You

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 ...

The Rise of Never Events, Adverse Events, and Hospital Acquired Conditions

An Uneasy Intersection Between Clinical Care and Liability Litigation In 1999, the Institute of Medicine (“IOM”) reported that hospital-acquired conditions caused by medical errors (“HACs”) were a significant cause of injuries across the nation and of rising medical care costs. ...

Distribution Contracts: Formulating and Terminating the Agreement

Too often the quality of a contract is defined by the problems that later arise because of poor drafting. Even the best laid plans, contractually, can devolve into a morass of litigation when unforeseen issues arise or relationships breakdown. The ...

Clarity on Future Damages in California

Corenbaum & Carter v. Lampkin Defendants in all personal injury cases, including medical negligence cases, are rejoicing. Defendants first received a favorable ruling in Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 when the California Supreme Court held an ...

There's No Such Thing as a Free....Intern

How to distinguish interns from employees in California A New York District Court recently held employers cannot use an internship program to avoid paying wages or paying less than minimum wage. The court separated and defined interns and employees and ...

Discrimination Claims Made at the Workplace: Employee Cooperation will be Expected in the Employer's Internal Investigation

An employee makes a claim to his or her employer of discrimination. The employer as rule of thumb needs to investigate the claim in order to address the claim and take appropriate action. However, what happens during the employer’s investigation ...

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