An attorney advising a client has no duty to a third party affected by that advice unless there is a “showing that the legal advice was foreseeably transmitted to or relied upon by a third party or the third party was or were intended beneficiaries of a transaction to which Read more…
Over the past two years, the number of drone start-ups in California has increased exponentially. The best example can be demonstrated by comparing last year’s Drone Market Environment Map with that of 2016. There are many more subcategories revealing that many Unmanned Aerial Vehicle (UAV) companies identified and started occupying market Read more…
A recent settlement agreement Simas & Associates, Ltd. on behalf of two licensed professionals inspired this blog. The parties – call them Doctor and CPA — had a business dispute and were settling the case. The settlement agreement was presented for review and contained the standard provisions, including a release Read more…
Civil Code section 2295 provides: “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.” Under California law, agency is not presumed. One must prove its existence to assert as a defense. The burden of proving the existence of an agency Read more…
As the business world has turned increasingly tech-savvy, more and more employees—even run-of-the-mill support staff—are exposed to what businesses consider “confidential, proprietary, or trade secrets.” To protect the business, many employers have been advised by their attorneys to require employees to sign confidentiality agreements at the time of being hired Read more…
When a party is harmed, that typically gives rise to a claim for damages. However, an express limitation to the extent of recovery for those damages is those that could be avoided by the injured party engaging in reasonable and ordinary care after the harm. The failure of the injured Read more…