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Total Articles: 5

California Court Upholds a Reduction of Attorneys’ Fees but Reverses a Reduction of Costs

In a recent, unpublished opinion Myres v. San Francisco Housing Authority, a California Court of Appeal reversed a trial court’s order reducing the amount of costs a plaintiff had claimed as a result of limited success at trial.

Failure to Keep Up with Technology Could Lead to Ethics Violation

Technology is rapidly changing the manner in which businesses operate. This is equally true for professionals, who must incorporate and adapt to technological advances in order to thrive in a competitive marketplace. However, keeping up to date with technology is not merely a matter of protecting the bottom line. Professionals who fail to stay on the cutting edge could violate ethics rules and jeopardize their client’s interests.

Don’t Wait Until Trial Is Over to Raise Objection As to Court’s Jurisdiction, Says California Court

Kim v. Konad USA Distribution, No. G048443 (June 12, 2014): In a recent decision, the California Court of Appeal held that an employer that waited until a trial ended to raise an objection about exhausting administrative remedies had waived its right to make the objection. The court held that the employer’s objection—that the employee failed to show that she had exhausted her administrative remedies under the Fair Employment and Housing Act (FEHA)—was untimely since a full trial on the merits of the case had already taken place.

Sue An Employee, But Pay For Attorneys' Fees?

Employers defending wage claims in proceedings before the California Labor Commissioner are not permitted to file complaints or cross-claims against their employees, but that's not the case when a complaint is filed in civil court. Employers faced with complaints from employees seeking unpaid wages may have grounds to file cross-complaints based upon employee misconduct, or they may file a direct lawsuit. An employer may be eager to file such complaints to help "settle the score" where the suing employee committed serious wrongs against the company.

California Court: Emails Sent To Plaintiff's Attorney On Employer's Computer Are Fair Game

A California appellate court recently decided that an employee's email messages to an attorney about suing her employer could be used against her at trial. The messages were not protected by the attorney-client privilege, because the employee knowingly sent the messages from her work email account. This unusual legal result was made possible because the employer had a written policy that clearly stated messages sent on the employer's electronic communications system were not private. Holmes v. Petrovich Development Company, LLC.