Can You Work for a Company After Suing? Legal Considerations to Weigh

A Guide to the California Statute of Limitations on Debt

The Fundamentals of California Debt Collection Law

Debt Collection Laws in California are primarily derived from the California Rosenthal Fair Debt Collection Practices Act, Health and Safety Code Section 1310, and business and professions code section 17500 (the Unfair Competition Law). Each of these statutes has exceptions. In general, it is unlawful in California for to call someone repeatedly about an alleged debt. It is also unlawful to make repeated calls to consumers’ employers. The laws also prohibit other types of collection abuses such as making false threats, impersonating an attorney or law enforcement officer, using deceptive collection letters and telephone calls, making repeated calls, with the intent to annoy and harass, and using profane language. The purpose of the debt collection statutes is to prohibit tactics that embarrass , intimidate and harass consumers. California debt collection laws are designed to eliminate abusive practices related to debt collection. The laws were enacted to "prevent abusive, unfair and deceptive debt collection practices by professional or commercial debt collectors, as well as other persons who collect consumer debts for others…" They also were designed to "provide common understanding and greater protection for all consumer Californians regardless of their physical location within the State, in terms of making the laws applicable within California enforced uniformly throughout California, thereby removing the inequities created by the present variation in the application of the law to all consumers and collection agents throughout California…."

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What Are the Consequences of Failing to Follow a Mediation Agreement?

The Ins and Outs of Mediation Agreements

Mediation is one of the core tools utilized by Canadian courts to resolve disputes. High profile mediations include those which resolved the dispute over the Ontario Hydro plants and the Pickering Nuclear plant. The Supreme Court of Canada has recommended mediation for complex commercial disputes as far back as 1986. Successful mediation results in an agreement between the parties – known as a Mediation Agreement.
Mediation Agreements serve several purposes. Most importantly, they are a clear explication of the basis of the consensual deal which was negotiated between the parties . They set out the terms which must be met, and create a framework under which the parties can agree and/or swap documents, or otherwise progress towards the lasting resolution of the dispute. A properly drafted Mediation Agreement also binds the parties in the positive sense; that is, by consenting to abide by its terms the parties accede to be bound, just as they are bound by a court order or judgment.
In Ontario, mediation agreements are given the force of a court order under section 58(1)(j) of the Courts of Justice Act. Canadian courts have relied upon this power since Dierckens v. Ogilvy Renault (1998) 40 C.P.C. (4th) 23. Mediation agreements in the area of family law are particularly well established.

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The Essentials of John’s Law

John’s Law is New Jersey’s statutory enactment of the common law "Dangerous Condition" doctrine. The long-standing common law rule requires a plaintiff to prove that a condition was created by the act of an employee, or that it was a result of negligence on the part of the governmental entity in failing to correct a hazardous condition. N.J.S.A. 59:4-2 changes this longstanding rule by allowing a plaintiff to recover damages without having to prove negligence in a claim against the state or a local government for damages caused by a natural accumulation of snow, ice or ponding of water. This statute was enacted as of January 19, 2016 and is named after the victim of the tragic death that resulted from a deep puddle on the Route 3 underpass bridge in Secaucus , New Jersey in 2013.
John Feola, Jr. was killed after his motorcycle lost traction and crashed as a result of his motorcycle skidding out on a pooled area of water and ice. His parents brought a claim against the New Jersey Department of Transportation, the sustainer of Route 3, for the hazardous condition of the underpass. John’s Law now establishes liability against a governmental entity. However, John’s Law is not limited to Route 3. Other locations under state control all over New Jersey are now susceptible to liability under John’s Law if either an inspection of the area would have revealed the risk or the deficient condition was not the result of policies implemented by the governmental agency (e.g., not acting under legal authority).

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All You Need to Know About Legal Aid in Gulfport, MS

What is Legal Aid?

Legal Aid is a statewide program funded primarily by the Legal Services Corporation which provides civil legal assistance, including representation by an attorney, to individuals and families who cannot afford a private attorney. Legal aid is available in all counties in Mississippi to low-income residents.
Legal Aid services consist of legal advice, brief services, and limited scope representation to help an eligible client resolve his or her legal problem . Legal Aid provides representation in a wide variety of civil legal matters. However, Legal Aid does not handle criminal matters, or every case that an applicant may need help with. Legal Aid does not provide a 24/7 help line. All applicants for Legal Aid must go through an application process to see if they qualify for services from Legal Aid.
Legal Aid does not discriminate based on race, color, national origin, gender, age, religion, disability, or sexual orientation. These cases are handled at no cost to the client.

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Key Concepts in Contract Process Management

Contract management refers to the process by which commercial contracts are created, executed, and fulfilled. The contract management process validates the responsibilities and obligations contained in each contractual clause. Every step in the process adds value. Each party to the agreement is required to fulfill its duty and then receive the associated value as a result of meeting that obligation. Each step also serves to protect the company. Failing to fulfill any step in the contract management process could result in some liability on the part of the entity that fails to meet its obligations. The specific steps contained in the contract management process flow will depend on the type of agreement. However, the contracting process is typically the same regardless of whether the agreement is business-to-business (B2B) , business-to-consumer (B2C), or business-to-government (B2G).
Issues relating to the contract management process can be complex and costly because the parties to the agreement may have a very different understanding as to what it meant when they agreed to the substance of the contract. This complexity is further heightened when multiple contracts are involved or the contracts contain multiple layers.
There are several specific steps that are common to all agreements. The very first step occurs before the execution of the contract. The parties negotiate the agreement terms and conditions. Once the parties reach an accord, each side executes the agreement. Then, the parties must ensure that the contract is carried out in accordance with its provisions. This prevents disputes and potential liability from arising later on in the agreement.

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Understanding the Requirements for a Holographic Will in California

What is a Holographic Will?

When it comes to wills, many people have only heard one of two very short and shallow descriptions: you either need a lawyer to prepare a will, or you need a living trust to avoid probate. Unfortunately, each of these statements is only partially correct (if at all), and can even be extremely misleading. However, one thing is for certain; there are many types of wills in California, and knowing about them may save you time, money, and a substantial amount of headache.
So what is a holographic will you ask? First of all, a "will" of any kind is only required to be in writing. This is why there is such a wide variety of wills (such as oral, verbal, video, and so forth). Holographic means the entire will must be in its maker’s handwriting. Therefore, it is a type of handwritten will. It is not required that "will" or "executor" be written on the document since it may be clear by its contents that it is intended to be a will. Of course , in today’s high tech society, someone may try to type out a will on their computer but simply signs their own name in cursive (thinking they completed a holographic will). Even without the signature at the end, it would still be considered a holographic will if the whole document was in the maker’s own handwriting. This is because a holographic will can be created at any time, even if the maker never had the intention of creating a will!
In California, a holographic will is considered just as valid as any other type of will. Just like any other will, it must be dated, have testamentary intent, and signed by the maker. California Probate Code 6111.5 gives the Judge some leeway in regards to the "formal aspects of a will," and says the Court may find that a holographic will is valid as long as the Judge is convinced of the maker’s testamentary intent. In addition to being a common type of will, a holographic will has many more advantages, such as:

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Defining Law Firm Valuation

Law firm valuation is the process of determining the economic value of a law firm. The purpose of ascribing value to a law firm is to determine its worth in the eyes of the buyer, whether that be a partner, an associate, a practice group leader or a lateral hire. It’s important because it gives a sense of whether the value of the firm meets the expectations of a potential buyer. So much of what law firms do is based on belief and reputation but the process of valuing a law firm gives it some substance. Just as we see with the valuation of other businesses, there are basic principles that can be applied to the valuation of a legal practice.
Like any business, law firms are worth what the potential buyer deems them to be worth. Buyers tend to look at a variety of factors in determining whether the price being asked for the firm has value. If the firm has work in process, how much of that is going to be collected? Will the work in process remain in house or will it be lost with the revenue divided by the remaining time of the matter and that amount subtracted from the original amount billed? How much of the work in process is for clients considered to also be good clients? Will the firm’s employees and lawyers stay on post-acquisition and if so for how long? If there are personal relationships within the firm that have kept it going, how will those relationships be preserved?
More than anything buyers of law firms want to know the risk to acquisition. The risk is in redundancies. Who is going to take over the work in process? Who will keep the clients engaged and happy? What equipment and systems exist to keep things running smoothly? Determining the value to a law firm is about determining the risk and then determining how much the buyer wants to pay for that risk.
The three primary types of valuation models that are used by buyers of law firms are – a multiple of revenues model; a multiple of earnings model; and a discounted cash flow model . A multiple of revenue or earnings takes into account what a firm has done over a period of time. If the firm is transferring a stable practice to a buyer or building up client relationships, this model is the best way to evaluate the law firm’s worth. For example, if $1 million of revenue from the firm is considered stable, the price might be three times those revenues or $3 million. This is not an absolute number, but a range. The firm would be worth between two and four million dollars. The buyer will then inspect the firm’s financial data to get the risk factors associated with this firm down (e.g. is every dollar readily collectible, does the buyer believe the revenue is stable). The range becomes narrower.
If the firm has a large amount of irregular revenues (e.g. litigation or a few large clients), that type of model will not work. So the buyer compares the earnings of the firm to its expenses (this is not the owner’s earnings but the earnings that would be available to the firm). The difference is the profit margin, which works with an EBITDA multiple. The market rate for those multiples runs from three times to ten times. Again, there’s a range, but the law firm’s owner and its staff make the numbers shift in the buyer’s eyes.
The third model is the discounted cash flow model. This looks at the future cash flows and applies the risk to those cash flows. (What if that particular litigation matter wins? If so, what will it be worth? What if it loses? If it does, how much will it cost the owner personally?)
It’s the rare law firm that is a pure services business and does not have some corresponding value in equipment, computers, leases, and insurance. In those cases, a liquidated value or book value makes sense – what do the assets have on the open market?

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Hiring a Contract Breach Attorney: What You Should Know

Contract Breach Explained

A breach of contract occurs when an agreement is violated or not performed as outlined. Breaches of contract can be classified as minor, which means there are minor deviations from the contract terms, material, meaning that the terms were grossly violated, or anticipatory, which indicates that a party expects other parties to not live up to the terms of the agreements. This is commonly referred to as anticipatory repudiation.
Depending on the severity of the breach, it can have a variety of effects on the parties involved. A minor breach will typically allow the contract to continue as planned. In contrast, a material breach, where the contract is significantly broken, will usually relieve the other party from their obligations . An anticipatory breach is taken as a breach right away, as in this case, the non-breaching party is entitled to damages, but they are usually required to wait until the time of the performance before taking further action.
Individuals who are not lawyers may wonder if it is important to talk to an attorney about their situation, or if they can go without the cost and find a resolution on their own. Although some agreements may be fairly simple and negotiation can be possible, consulting an attorney experienced with disputes over Contract Breach can save a lot of hassle, time and money in the long run. The litigation process can become extremely expensive once a lawsuit is filed and should be avoided whenever possible.

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Understanding Lease Renewal Agreements in Texas

What is a Lease Renewal Agreement?

A Lease renewal or Extension is an agreement by which both parties continue the prior relationship. The original contract (Lease) continues and the new date identifies the new expiration date of the amended Lease. So, there is no new contract. It’s simply an amendment (change) to the original Lease that states the old Lease will continue for three more years. The Lease becomes extended (amended) and the parties continue in like fashion. For example, if the original term was August 31, 2012 and you extended the Lease, it would continue to be in effect until August 31, 2015 . All the terms remain the same. The rent may increase or decrease. Utilities and other fees may adjust as well. It is very important in Texas that the Lease extension be in writing and signed for any period of time to be enforced. The Statute of Frauds requires that leases for a period longer than one year must be in writing. Even a month-to-month extension must be a written document. If the Lease is extended for a period of less than one year, such as a month or three month extension, the Statute of Frauds generally doesn’t apply.

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Introduction to Mutual Termination Agreements: Essential Insights and Advantages

What is a Mutual Termination Agreement?

A mutual termination agreement is a legally binding accord between parties to partially or totally terminate an existing contract. Such a termination agreement cannot come into effect unless both parties decide to execute it by entering into a written accord. A mutual termination agreement can be drawn up outside of the jurisdiction of the courts or formally arranged through the judicial system.
A mutual termination agreement in a professional environment, for example, can enable employers to come to a resolution with an employee before the contract of employment has been previously terminated through statutory redundancy or dismissal . Once both parties mutually agree to a termination, the employee does not acquire the right to pursue the employer in the court and settle for damages. The arrangement also makes provision for additional benefits not awarded to employees of organisations that have dissolved their working engagements via statutory redundancy. These benefits can include relief from legal action pursued by the employer for occupational issues or breach of contract.

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