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March 2016 Archives

Conflicts of Interest Can Lead to Disgorgement of Fees

Anytime an attorney represents more than one client in a matter where there is a potential for a conflict of interest, it is critical that the attorney obtain informed written consent to proceed with the representation pursuant to CRPC, Rule 3-310. Failure to evaluate and properly address conflicts of interest can result in disgorgement of fees.  See, Sheppard, Mullin v. J-M Manufacturing (2016) 244 Cal.App.4th 590.  Boilerplate conflict waivers are not sufficient.  The attorney must provide "informed written consent" which requires a description of the factual scenario creating the potential (or actual) conflict of interest.  It has always been important to evaluate conflicts of interest, but now there is clear precedent supporting an order for disgorgement of fees.

Complex litigation necessitates legal help

It goes without saying that business law is a complex area that requires skilled and experienced legal representation. There are a lot of very convoluted disputes and issues that can arise when companies are involved in legal battles, so have that experienced counsel in your corner is vital.

Yosemite trademark case a bewildering issue

Most Californians associate the name "Yosemite National Park" with natural beauty. The national park is one of the most well-known and beloved areas in the state, let alone the country. With all of the great trails, beautiful wilderness, and of course the famous Half Dome, there is no doubt that Yosemite National Park is a major part of the state's culture and the national landscape, both literally and figuratively. 

Why is the hiring process legally risky for companies?

Don't let that question in the title scare you. It isn't as if companies are going to stop hiring people because of legal risks that are inherent to the process. Instead, the question is merely meant to warn companies against the potential pitfalls of the hiring process.

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Klein & Wilson

Klein & Wilson
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