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Wit of Mandate

Welcome to the Official Blog of Simas & Associates, Ltd. Below, please find recent postings from our firm in regards to items of interest concerning our law firm, our cities, state, and nation, and our legal practice areas and service. We try to update frequenty, so check back often.

Responsibilities in an Animal Health Care Team

It is important for all members in an animal health care team to understand and know their roles. Often a Registered Veterinary Technician (“RVT”) and an unregistered veterinary assistant’s (“assistant”) roles can overlap but a veterinarian or a RVT, may be subject to discipline by the Veterinary Medical Board (“VMB”) for unprofessional conduct if a […]

Does Mediation Deter Settlements?

Litigation is expensive and time-consuming.  It often draws out disputes over a number of years.  It has a tendency to lead to a litany of unintended consequences that leave all participants bitter in the end.  As a result, it is unsurprising that alternative dispute resolution (“ADR”) has proliferated as a means of resolving disputes.  They […]

What Did the Lilly Ledbetter Fair Pay Act Really Do?

In 2009, President Barack Obama signed the Lilly Ledbetter Fair Pay Act into law.  In almost every campaign speech since, the President has claimed that the act bestowed equal-pay rights for women. Specifically, he has said, the Lilly Ledbetter Fair Pay Act “is a big step toward making sure every worker,” male and female, “receives […]

Revised Uniform Limited Liability Company Act Signed Into Law

Governor Jerry Brown signed SB 323, the California Revised Uniform Limited Liability Company Act (popularly known as RULLCA), into law on September 21, 2012. The law, which will take effect on January 1, 2014, will apply to all existing California limited liability companies (LLCs) as well as all foreign LLCs previously registered with the Secretary […]

The 30 Hour Workweek

Many employers define different classes of employment within their organization.  These classes – full-time, part-time, exempt etc. – are used to determine benefits which are offered to different types of employment given their skills, tasks, responsibilities, and hours worked. For purposes of these distinctions, full-time employment warrants the most benefits of the employment classes.  This […]

Waiving Age-Related Discrimination Claims

In 1990, Congress amended the ADEA by adding the Older Workers Benefit Protection Act (OWBPA) to clarify the prohibitions against discrimination on the basis of age. OWBPA establishes specific requirements for a “knowing and voluntary” release of ADEA claims to guarantee that an employee has every opportunity to make an informed choice whether or not […]

Overprescribing: Mistake, Malpractice, or Murder?

The Los Angeles District Attorney is prosecuting a doctor for second degree murder in the deaths of three of her patients.  Hsui-Ying “Lisa” Tseng, D.O. faces a total of 24 felony counts, including three second degree murder charges resulting from her alleged habitual practice of overprescribing drugs, often without the required complete physical examination.  In […]

The Daunting Process of Closing Files

Cleaning out client files can be a tedious and intimidating process for an attorney, particularly if he/she is not aware of the ethical responsibilities involved. An attorney has the duty to protect the client’s identity, as well as the identity of every third party involved with a case (California Rules of Professional Conduct Rule 3-100). […]

Limiting Deposition Abuse

Attorneys know all-too-well the potential destructive nature depositions can have on their clients.  They take up a lot of time, interfering with many clients’ business and profession.  If used in an employment law setting, they often time kill morale and lead to a significant loss in productivity. Litigant’s attorneys also know this all-too-well.  And not […]

Wit of Mandate Disclaimer

Wit of Mandate - the official blog of Simas & Associates, Ltd., is made available by Simas & Associates, Ltd. to the general public for educational purposes only.  Specifically, the entries contained within Wit of Mandate are designed to provide the general public with general information concerning California and Federal law.  Wit of Mandate does not provide specific legal advice and does not create an attorney-client relationship between the reader and Simas & Associates, Ltd.  Wit of Mandate is not an effective or appropriate substitute for obtaining legal advice from a qualified attorney licensed in your state with experience in your practice area or forum of law.

Please note that the information on Wit of Mandate may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While Wit of Mandate is revised on a regular basis, it may not reflect the most current legal developments. 

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