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Wit of Mandate – Blog

Uncategorized

Deferred Entry of Judgment versus Drug Program in Lieu of Incarceration

Many California licensees or professionals applying for an occupational or business license who have been convicted of drug-related offenses do not understand the consequences of their conviction. More often than not, the licensing authority – whether a state licensing Board Read more…

By Steve Simas, 13 yearsSeptember 11, 2012 ago
Uncategorized

Precedent Decisions of California Agencies

Under the Administrative Procedure Act (APA), an agency may designate as “precedent” a decision or part of a decision “that contains a significant legal or policy determination of general application that is likely to recur.” (Government Code §11425.60(b)). Precedent decisions Read more…

By Steve Simas, 13 yearsSeptember 6, 2012 ago
Uncategorized

iSuit

On August 24th, a nine-person jury in California awarded Apple Inc. (maker of the iPhone and iPad product lines) over $1 billion in damages, holding that Samsung Electronics Co. Ltd. (creator of the Galaxy S and Galaxy Tab lines) had willfully infringed Read more…

By Steve Simas, 13 yearsSeptember 6, 2012 ago
State Bar Defense

Are Verifying Online Reviews Already an Ethical Obligation?

In the August 2012 issue of the ABA Journal, G. M. Gilisko penned an article, Where the Buck Stops: Lawyers Need to Verify All the Nice Things Being Said About Them Online.  The article goes on to examine the alarming Read more…

By Steve Simas, 13 yearsSeptember 4, 2012 ago
Uncategorized

Tools of the Administrative Law Trade: Writs of Mandate

(This article first appeared in the January/February 2008 issue of the Sacramento Lawyer, the bi-monthly publication of the Sacramento County Bar Association.  The article is the copyrighted property of the Sacramento County Bar Association.) This article discusses two of the main Read more…

By Steve Simas, 13 yearsSeptember 4, 2012 ago
Uncategorized

Statutory Cancellation Rights

California consumers have a legal right to immediately cancel contracts under a variety of contractual law theories. Contracts can be terminated for fraud, fraudulent executon (Jones v. Adams Financial Services (1999) 71 Cal.App.4th 831, 839), mistake, undue influence, breach, illegality,nonconformity, and unconscionability. Read more…

By Steve Simas, 13 yearsAugust 26, 2012 ago
State Bar Defense

California State Bar Passes Rules to Enforce AB 1424 on its Members

The California State Bar recently adopted new Rules of Court and State Bar Rules that reserves the right to suspend an attorney’s license to practice law in the State of California if the attorney owes a large delinquent tax liability. Read more…

By Steve Simas, 13 yearsAugust 24, 2012 ago
State Bar Defense

Duty to Stay Hip – Compelling Use of Modern Technology

Will ignorance of or the failure to adopt certain technological tools, such as e-discovery,  be considered an ethical violation in the future?  An interesting discussion of the implications of this issue can be found in A Discovery: Study tech-aided review Read more…

By Steve Simas, 13 yearsAugust 24, 2012 ago
Uncategorized

Contractors State License Board Goes After Craigslist Posts

The California Contractors State License Board (CSLB) recently announced that it has joined forces with the contracting boards from Arizona, Nevada and Oregon, as well as the National Association of State Contractors Licensing Agencies (NASCLA) to issue a nationwide consumer Read more…

By Steve Simas, 13 yearsAugust 17, 2012 ago
Uncategorized

Unpaid Internships are an Oxymoron

Many companies rely upon unpaid interns as a way to minimize costs and provide opportunities to eager workers who are willing to work for free in hopes of ultimately securing a paid position. However, such an approach is risky, and Read more…

By Steve Simas, 13 yearsAugust 9, 2012 ago

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1121 L Street, 7th Floor,
Sacramento, CA 95814
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Santa Monica, CA 90404
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