Blog

The Older Workers Benefit Protection Act (OWBPA) is a critical federal law that protects employees aged 40 and older from age discrimination, especially in the context of benefits and severance agreements. This post explains the purpose of the OWBPA, outlines its key provisions—including waiver requirements and disclosure obligations—and highlights the legal risks of non-compliance for employers. It also explores how the OWBPA empowers older employees to make informed decisions when exiting the workplace.

A schedule of assets is a foundational document in estate planning and trust administration. In California, it helps executors and trustees identify, value, and manage the property of an estate or trust. This blog post outlines the legal significance of the schedule of assets, who is responsible for preparing it, and why accuracy and transparency are essential. It also offers practical tips for maintaining a comprehensive and compliant schedule in accordance with California law.

Investing in a limited liability company (LLC) requires more than just capital—it requires a deep understanding of the operating agreement that governs the company’s structure. This blog post outlines key considerations investors should keep in mind before signing an operating agreement, including profit distribution, member roles, decision-making authority, exit strategies, and dispute resolution mechanisms. It also offers practical tips for conducting due diligence, seeking legal advice, and negotiating terms to ensure alignment with your investment goals.

Trust accounting is a crucial responsibility for California trustees, ensuring financial transparency and legal compliance throughout the administration of a trust. This article breaks down the statutory requirements under the California Probate Code, outlines the steps trustees must take to prepare accurate accountings, and offers practical tips for managing trust finances effectively. It also highlights the respective roles of trustees and beneficiaries and the importance of ongoing communication and diligent recordkeeping.

Asset Protection Trusts (APTs) are legal tools used to protect assets from creditors, lawsuits, or financial risk. This blog explains the types of APTs—Domestic, Foreign, and Marital Asset Protection Trusts—and explores how each works to shield wealth, preserve privacy, and enhance estate planning. It also outlines important legal considerations, such as jurisdiction selection, irrevocability, and timing, while emphasizing the need for legal guidance when setting up an asset protection strategy.

Funding a trust is a critical step in the estate planning process. It involves transferring assets into the trust's ownership to ensure that the trust can effectively manage and distribute the assets as the grantor intended. Without proper funding, a trust may fail to function, potentially leading to probate and other legal issues. This blog post explains the steps involved in funding a trust, including transferring real estate, financial accounts, and personal property, as well as the benefits of funding a trust in California, such as avoiding probate and ensuring privacy. It also highlights key considerations such as legal compliance, tax implications, and the importance of professional guidance.

In California, businesses that become aware of a customer's serious medical condition—such as through intake forms or waivers—are subject to strict confidentiality obligations under the Confidentiality of Medical Information Act (CMIA). This blog post outlines what companies must do to protect such information, how liability waivers interact with those duties, and the legal risks of improper disclosure. With particular relevance to gyms, fitness studios, and similar businesses, the post offers practical guidance for ensuring CMIA compliance while still using waivers to manage liability.

Therapists play a vital role in their clients' emotional well-being, making it essential for them to plan for their incapacity or death. A professional will outlines steps for handling a therapist's practice, including managing client records, notifying clients, and ensuring continuity of care. This post discusses the types of wills therapists should consider, the key steps in creating a professional will, and the legal and ethical considerations involved in safeguarding their practice and clients' interests.

COBRA, the Consolidated Omnibus Budget Reconciliation Act, allows eligible employees and their families to maintain group health insurance coverage after experiencing a qualifying event like job loss, reduced hours, or divorce. This blog post breaks down how COBRA payments work—especially in cases of layoffs, terminations, or transitions—and explains employer obligations under both federal and California laws. From lump sum payments to Cal-COBRA compliance for small employers, this guide offers practical advice for navigating COBRA in California.

In California, the statute of limitations is a vital element in probate proceedings, dictating the timeframe for initiating legal actions, such as creditor claims against an estate. This blog post delves into how the statute of limitations affects the probate process, offering insights on timely probate initiation, the different processes for estates with a will, no will, or a trust, and the consequences of delays. It emphasizes the importance of legal guidance and the need for careful documentation to ensure the estate is handled correctly within the required legal timeframe.

Worker classification in California is not just a matter of business preference—it’s a legal requirement with serious consequences. This post breaks down the ABC test, California’s standard for determining whether a worker is an employee or independent contractor. It also outlines the legal, financial, and reputational risks of misclassification and offers practical guidance for businesses to stay compliant. Employers will learn how to assess working relationships, document them properly, and avoid costly errors.

Pour-over wills are a critical component of many estate plans in California. Designed to work alongside a living trust, a pour-over will ensures that any assets not formally transferred into the trust during the grantor’s lifetime are still distributed according to its terms. While a pour-over will does not avoid probate entirely, it provides continuity, privacy, and a more streamlined asset transfer process. This blog explains how pour-over wills function under California law, when they are most useful, and how they help individuals build a more complete and flexible estate plan.

In California, non-compete agreements are generally unenforceable due to the state’s strong public policy in favor of employee mobility and open competition. This blog post explains why most non-competes are void under California Business and Professions Code Section 16600, highlights notable legal cases such as Edwards v. Arthur Andersen LLP, and explores the limited exceptions where such clauses may be valid—such as the sale of a business. For employers, it offers practical alternatives like confidentiality and non-disclosure agreements. For employees, it outlines their rights and protections under California law.

A pet trust is a legally enforceable way to provide for the care and financial needs of your pet after your death or incapacity. This blog post explains how pet trusts work under California law, the benefits of creating one, and how to structure it with the right trustee, caregiver, and funding plan. Whether you're a dog lover, cat parent, or exotic pet owner, planning ahead ensures your companion receives the love and care they deserve.

Workplace investigations are essential for maintaining a compliant and respectful work environment. This blog post explores the many benefits of engaging a California attorney to lead such investigations, including ensuring compliance with California employment laws, maintaining objectivity, and safeguarding the rights of all involved parties. It also provides practical guidance on selecting the right legal professional for the task.

Estate planning becomes increasingly important as individuals age, particularly in California, where community property laws, Medi-Cal eligibility, and elder law protections play a significant role. This blog explores key estate planning considerations for seniors, including the importance of wills and living trusts, strategies for long-term care planning, protecting against elder abuse, and managing tax implications. It also emphasizes the need to regularly update your estate plan to adapt to life changes and evolving laws.

Restricted Stock Units (RSUs) are a common form of equity compensation, especially in California's tech-driven economy. This post explains how RSUs work, their advantages, and what California employees should know about vesting schedules, tax treatment, and what happens to unvested RSUs upon termination or layoff. It also addresses key legal considerations under California law and provides questions employees should ask to protect their equity interests.

When planning your estate in California, understanding the differences between revocable and irrevocable trusts is essential. Both tools serve valuable purposes but offer different benefits depending on your goals. A revocable trust provides flexibility, probate avoidance, and incapacity planning but does not offer asset protection or tax benefits. An irrevocable trust offers tax savings, asset protection, and charitable planning options, but comes with less control and more complexity. This guide helps you evaluate which trust aligns with your estate size, risk tolerance, and financial goals, ensuring your plan fits your family’s needs both now and in the future.

Several California cities and counties are increasing their local minimum wage rates on July 1, 2025, with updates affecting both general and industry-specific wage requirements. This blog outlines the new rates, exceptions like Malibu, and steps employers should take to remain compliant — including adjusting wages, confirming work locations, and updating labor law posters.

This post outlines the key steps to take after the passing of a loved one, whether or not a will is in place. From obtaining death certificates and securing property to initiating probate and contacting relevant institutions, this guide provides practical direction and highlights when legal support may be necessary. It is designed to support grieving families in navigating legal and logistical matters with clarity and care.

California law generally prohibits non-solicitation clauses in employment contracts, favoring open competition and employee mobility. However, there are narrow exceptions where such clauses may be enforceable, including protection of trade secrets, the sale of a business, and partnership dissolution. This article breaks down the legal framework under Business and Professions Code Section 16600 and explores key court decisions shaping enforceability in California.

This article explains the key differences between Do Not Intubate (DNI) and Do Not Resuscitate (DNR) orders—two important directives in end-of-life care. It discusses why individuals may choose these orders, how they are implemented in medical settings, and the legal considerations involved. Understanding these tools empowers individuals to make informed choices that reflect their values and medical needs.

California employers must comply with regulations aimed at preventing heat illness in both indoor and outdoor work environments. This article outlines key compliance obligations, including when to provide shade, hydration, and cooldown periods, and the importance of maintaining a written Heat Illness Prevention Plan.

Health care directives—also known as advance directives—allow individuals to outline their medical treatment preferences in the event they become incapacitated. This article breaks down the key components: living wills and durable powers of attorney for health care, explaining how they work together to ensure a person’s wishes are honored. It explores the benefits of these directives, including preventing family disputes, empowering patient autonomy, and encouraging open communication. Legal considerations such as state-specific requirements, updates, and provider communication are also addressed. For those creating or updating an estate plan, health care directives are a vital tool in protecting dignity and ensuring peace of mind for both the individual and their loved ones.

Employee handbooks play a vital role in setting clear expectations, promoting compliance with California employment laws, and reducing the risk of legal claims. This post outlines why having a handbook matters, what policies to include, and how to keep it current and effective.