by Philip A. Toomey | Partner
Most lease transactions are preceded by a letter of intent (LOI). While LOI’s are a great starting point, normally they are nothing more than non-enforceable statements of what “might” happen in the future. Under most circumstances, a LOI may not counter or add language to a later executed written lease. Many a tenant has discovered reasonable, material and significant expectations, clearly written in the LOI but not in the…
by Philip A. Toomey | Partner
Once upon a time, in a gentle land, lived an employer. She normally communicated with employees by speaking words out loud. Every now and then, when faced with something very important, she might write a letter or memorandum. Time went by, and things were good.
One day, a strange and marvelous machine arrived. It was called a desktop computer. Soon it had miraculously multiplied and shrunk, capable of being carried…
by William G. Benz | Partner
Indemnification provisions are so common that one would be hard-pressed to find a contract that lacks one. While an indemnification provision may be hidden in an agreement as boilerplate fine print, it is often of critical importance long after the contract is signed. But, indemnification can only be pushed so far. Once it becomes so onerous that it encourages bad faith, California public policy will void the indemnification provision…
by Christopher D. Carico | Partner
Change in Tax Focus of Basic Estate Planning
The federal government’s recent adoption of “portability,” allowing the transfer of the deceased spouse’s estate tax exclusion to the surviving spouse, and the fixing of the maximum federal estate tax rate at 40%, has shifted the tax planning focus for estate planners from estate taxes planning to capital gains tax for couples with wealth under $11,000,000. Those couples may now be better…
U.S. News – Best Lawyers® ranked Carico Johnson Toomey LLP on the 2016 “Best Law Firms” list in the Metropolitan Tier 2 and Tier 3 Ranking in Los Angeles for their work in Trusts & Estates Law and Trust & Estates Litigation.
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their…
For companies using video surveillance in the workplace, effective risk management is critical to avoiding potential liability for invasion of privacy claims. In the Risk Management magazine article, “Navigating the Pitfalls of Video Surveillance,” William Benz provides practical guidelines risk managers should incorporate into their company’s video surveillance practices.
Mr. Benz advises employers to not place surveillance cameras in private spaces, including bathrooms, locker rooms or designated changing areas. He also suggests clearly labeling…
Partner Christopher Carico was selected by his peers for inclusion in The Best Lawyers in America© 2016 list. Mr. Carico has been listed for five consecutive years for his work in trusts and estates law.
For more than three decades, Best Lawyers® has become regarded as the definitive guide to legal professionalism and excellence around the globe. Best Lawyers® is based on an exhaustive peer-review survey. More than 52,000 leading attorneys cast 5.5 million…
Will out of state counsel who regularly appear pro hac vice in California state trial courts ultimately need to take the state’s bar exam?
California Business and Professions Code Section 6125 states: “No person shall practice law in California unless the person is an active member of the State Bar.”
A violation of Section 6125 is a misdemeanor. Moreover, no one may recover compensation for services as an attorney at law in this state unless the…
Can an agreement to arbitrate all employment related disputes be rendered unenforceable where a choice of law clause interpreted in conjunction with a delegation clause restricts the arbitrator’s power to apply California’s rules regarding unconscionability?
The United States Supreme Court decision in AT&T v. Concepcion favored employers not only because it upheld a class action waiver in arbitration, but also because of its conclusion that California
unconscionability law stood as obstacle to enforcing arbitration agreements.
Attorney Amber Morton authored the HR.com article, “Flushing Away Gender Discrimination,” discussing the consequences for employers who deny transgender employees access to restroom facilities of their presenting gender. Ms. Morton explains that equal access to restrooms is a significant, basic condition of employment and restricting an employee’s access based on an employee’s sex can violate Title VII.
Ms. Morton addresses the steps employers can take to ensure they are providing all employees unrestricted access…