Legal Developments

Legal Developments

11/24/2008
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.
7/9/2008
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.
7/8/2008
At first glance, the title of this article may invoke images of robots engaged in unsavory practices but cybersquatting is actually an aggressive business practice employed by many “entrepreneurs” against both small and large business owners. As we all know, doing business on the web has become an important, if not essential channel for many businesses around the world, and websites are identified with their owners in large part due to the “domain name” (fancy word for...
7/8/2008
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.
6/9/2008
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...
5/7/2008
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.
4/25/2008
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.