What’s the Difference Between Libel, Slander, and Malicious Falsehood?

While the law protects the right of free speech, this right is not absolute. An individual or an organization that makes false statements can face a civil lawsuit from those affected by the untruths.  Laws related to libel, slander, and malicious falsehood are all examples of legal doctrines that give victims the right to pursue legal action in the event that false or untrue statements are made. Lawsuits alleging libel or slander can be complicated cases and are sometimes difficult for … [Read more...]

What is the Definition of a Contract in California?

A contract is an agreement that is given the full force and weight of the law. Contracts essentially create private law. Parties may negotiate and agree to a deal and will both be bound by the terms of the agreement. Contracts are essential to doing business and there are clear laws in place designed to establish the rights and the responsibilities of parties to a contractual agreement.  It is important to understand the definition of a contract in California because signing a contract vests … [Read more...]

What is Elder Abuse in California?

Senior citizens are a vulnerable demographic group, especially once a senior suffers from physical or mental decline that makes him or her dependent upon a caregiver. Seniors may be the victims of abuse by those who are supposed to protect and provide for them. Elder abuse is a national epidemic and is a growing problem as the population ages. Victims may be harmed by family members who provide care for them, as well as by home health aids, nursing home, and hospital staff members.  Elder … [Read more...]

What is a Holder in Due Course?

The Uniform Commercial Code provides standardized rules adopted in all states that have incorporated the UCC into their own statewide regulations. Among the provisions set forth in the UCC are rules protecting the purchasers of debts and protecting those who are assigned the right to receive debt payments.   The rules protecting the inheritors or purchasers who are assigned the right to receive debt payments from an original creditor are called the Holder in Due Course (HDC) doctrine. … [Read more...]

What are UCC Filings and How Does UCC Filing Removal Work?

The Uniform Commercial Code (UCC) establishes uniform regulations designed to be adopted by all states in order to encourage uniformity of laws. While Uniform Codes do not have to be adopted, most jurisdictions choose to adopt them in whole or in part in order to confirm with accepted practices throughout the country. The UCC, in particular, aims to streamline rules applicable to commerce and commercial contracts.  The UCC creates many provisions, but one of the things it does is establish … [Read more...]

Gregory G. Brown’s Trial Closing Argument Featured in Magazine – The Attorney Did What?

The Attorney Did What? by Gregory G. Brown First of all, I am not a defense lawyer by trade. I used to be an insurance defense lawyer, but not now. I' ve seen the light! Unless, of course, one of my business clients is sued. As a business litigator, I can easily be on either side of counsel table. Of course, I also handle PLAINTIFF personal injury cases, so not to worry! We start day one of a jury trial on a fraud, breach of contract, and breach of warranty case. The parties included … [Read more...]

Same-Sex Couples Can Marry in any State in the United States

As of June 26, 2015, same-sex couples can marry in any state in the United States. This is a result of the ruling by United States Supreme Court in Obergefell v. Hodges. The Justices found that state law banning same-sex marriage is unconstitutional. As such, same-sex couples in California have the freedom to marry. Additionally, the court ruled that a denial of a marriage license to a same-sex couple violates the Fourteenth Amendment of the U.S. Constitution. Requirements for same-sex … [Read more...]

What Does Piercing the Corporate Veil Mean?

Many people incorporate their businesses in order to avoid becoming personally liable for the company's losses. When a business is incorporated, owners and shareholders cannot lose more than the money they invested into the business. If the company is not incorporated, but instead is operated as a sole proprietorship or partnership, the business owners could become fully responsible for covering the organization's financial losses. For example, if a partnership went bankrupt or was sued, the … [Read more...]

How to Form a Business Entity in Irvine, California

There are a variety of different business entities that can be formed to provide protection from liability and various tax benefits. These include S-corporations, C-corporations, and Limited Liability Companies (LLCs).  When you decide to start a business, you will need to make the choice about not only the type of business entity that you wish to operate as, but also about the state where you wish to be incorporated. Knowing how to form a business entity is complicated, especially if you are … [Read more...]

Who Pays for Daycare After Divorce?

When parents are involved in a divorce, many issues must be resolved in order for the marriage to end. Parents should try to come to an agreement on how to share parenting time whenever possible. If they are successful, the court should put a custody order into place so the parent's timesharing agreement is legally enforceable. If parents do not agree on their own about how they will divide up time with their children, the judge will consider what is in the child's best interests and will divide … [Read more...]