Legal Articles and Summaries of Key Areas of the Law

Table of Contents

1. American Litigation
2. Business Law
3. Corporate / LLC / Partnership Law
4. Unfair Competition Law
5. Contractual Law
6. Employment Law
7. Criminal Law
8. Wills and Trust Documents Law
9. Trust and Estate Administration
10. Construction Law / Litigation
11. Torts
12. Intellectual Property
13. Real Property Transactions
14. Real Property Litigation
15. Consumer Rights and Remedies
16. International Law
17. Bankruptcy and Insolvency Law
18. Immigration Law and Practice
19. Lessons from the Combat Zone – Lawyer’s Stories with a Moral

1. American Litigation

• The American System of Litigation
• The Attorney Client Privilege
• Arbitration and Mediation - The Difference and the Tactics
• The Use of Alternative Resolution in the Bankruptcy Arena
• The Grudge Fight - The Legal Equivalent to a Temper Tantrum in a Court of Law
• Cost Benefit Criteria in American Litigation
• Debt Collection - The Tools Available for Enforcement of a Judgment
• Computer Discovery - Your Hard Drive is Fair Game in any Litigation
• What's the Case Going to Cost?

[ Top ]

 2. Business Law

• Security and Confidentiality in the World of E-mail and the Internet
• Arbitration of Business Disputes
• The Basics of Setting Up Your Own Foundation
• Board of Directors Meeting – Who Can Attend?
• Usury Law in California
• Employee Theft - Guidelines for Spotting and Preventing It
• Commercial Bribery in the US and California - The Penalties
• Private Equity in Funding your Business
• Arbitration and Mediation - The Difference and the Tactics
• The Use of Alternative Resolution in the Bankruptcy Arena
• Disaster Recovery Plans for your Business and Computers
• Verbal Contracts - Enforceable?
• LIBOR (London Inter-Bank Offer Rate) - What is it and How does it Work?
• When Should a Business Destroy Old Records?

[ Top ]

 3. Corporate / LLC / Partnership Law

• The American System of Business - Limited Liability Entities
• Corporation Formation Checklist
• Embezzlement in Your Business
• Why Use The Corporate Structure
• Information Checklist for LLC Formation
• Corporate Opportunity Doctrine
• Sub S Tax Status for Corporations and some Basic Structural Restrictions
• Voluntary Dissolution and the Corporation's Power to Purchase Shares of Stock Via Corporations Code Section 2000

[ Top ]

 4. Unfair Competition Law

• Intentional Interference With Prospective Business Advantage: Elements of The Cause of Action
• Trade Libel – Elements of The Cause of Action And Defenses Available
• Soliciting Employees Away From a Business – Unfair Competition?

[ Top ]

 5. Contractual Law

• Binding Contracts and Legal Actions Predicated on Breach of Contract
• Commercial Transactions in the United States
• Promissory Notes - The Basics
• Passing Bad Checks - Remedies And Relief For Victims
• Fraud and Deceit: What Are They and How Do You Prove It
• Getting the Deal that Hurts You - The Conflict Between the Lawyer and the Sales Department in Commercial Contracts
• Verbal Contracts - Enforceable?
• Rescinding a Contract in California - What is it and What Effect does it have?
• The Usual Suspects in Contractual Disputes

[ Top ]

 6. Employment Law And Issues

• Sexual Harassment In The Workplace – Navigating The Minefield For Employers
• Employee Theft - Guidelines for Spotting and Preventing It
• Commercial Bribery in the US and California - The Penalties

[ Top ]

 7. Criminal Law in the United States

• The American System of Criminal Justice
• Elder Abuse in California – The Basic Law
• Embezzlement in Your Business
• Commercial Bribery in the US and California -The Penalties

[ Top ]

 8. Wills and Trusts

• Wills and Trusts
• Living Wills: Directive to Physicians
• Questionnaire For Estate Planning
• No Contest Clauses In Wills – Effects On Will Contests
• Intestate Succession in California or What Happens if You Die Without a Will or Trust
• California Domestic Partners – How to Become One and What is The Legal Effect?
• Living Trusts for Non-Citizens – Qualified Domestic Trusts (QDT)
• Special Needs Trusts for California Residents
• Trusts for Pets
• Elder Abuse in California – The Basic Law
• Life Insurance Trusts – The Basics
• Section 529 College Savings Plans: Estate Tax Benefits
• Contracts to Make Wills in California
• The Effect of HIPAA Privacy Rules on your Estate Plan
• Will Contests - The Basics
• Proof of Testamentary Incapacity - What Does it Take to Show Someone is Incapable of Creating a Will
• Undue Influence - What is it and How does it Effect Wills?
• QTIP Trust Versus Outright Gift - The Basic Rationale
• Revocable Living Trusts - Why Use Them?
• Reverse Mortgages - Benefits and Dangers
• Holographic Wills - The Basics

[ Top ]

 9. Trust and Estate Administration

• Probate in California – The Basics
• Spousal Set Aside Procedure - Short Cutting Probate
• Disclaiming an Inheritance – How to do it
• Will Contests – The Basics
• Mexican trusts for Mexican Assets: Uses and Issues
• Duties of an Executor in California - You've Been Nominated...Now What?
• What are the Duties of a Trustee?
• Access to Safe Deposit Boxes After Death - The Law
• Required Notification by Trustee to Beneficiaries - First Steps
• Trustee Fees - How are they Set?
• Facts of Investment Life to Ponder from a Non-professional
• Duties of Trustee in Administration of a Typical Trust

[ Top ]

 10. Construction Law

• Mechanics’ Liens, Stop Notices, Payment Bonds and Construction Claims Based On Labor and Materials Installed in a Project
• Change Orders - Methods to Avoid Turmoil
• Impact and Acceleration - The Hidden Change Order Cost
• Contract Documents that Consistently Produce Change Orders
• Project Managers - The Role and the Law in California

[ Top ]

 11. Torts

• Torts: Negligent and Intentional
• Fraud and Deceit: What Are They and How Do You Prove It
• Intentional Interference With Prospective Business Advantage: Elements of The Cause of Action
• Trade Libel – Elements of The Cause of Action And Defenses Available

[ Top ]

 12. Intellectual Property

• Intellectual Property: What Is It and How To Protect It
• The Basics of What is a Copyright / Trademark / Patent and How to Protect Them

[ Top ]

 13. Real Property Transactions

• Real Estate Ownership and Transactions in the United States
• Real Property II: Leases and Subleases (Commercial)
• Tenancy in Common Ownership in San Francisco and Bay Area Communities
• TICs and Fractional Loans - Easier and Easier to Own TICs
• Homeowner’s Tax Primer – The Tax Advantages of Owning Your Own Home in The United States
• Adverse Possession - How To Acquire Land Without Buying It
• Prescriptive Easements – Obtaining Rights In Land By Use
• Joint Tenancy Co Ownership Of Property – Advantages and Disadvantages
• Fixtures In Commercial Leases – What You Have To Leave Behind At The End of The Lease
• Security Deposit Refunds in Residential Leases in California – The Basic Law
• Home Owner Protection: the Anti Deficiency Statute
• Ellis Act: State Law Restricting Change in Use of Rental Property
• Common California Real Estate Term
• "As Is" in a Real Estate Contract: What Does it Really Mean?
• Family Property Co-Ownership - Recipe for Disasters, Prescription for Cures
• Reverse Mortgages - Benefits and Dangers
• Ratification of Agent's Unauthorized Actions in a Real Estate Transaction: If the Agent Agrees Without Your Authorization, Can you Still be Bound?

[ Top ]

 14. Real Property Litigation

• Private Nuisance On The Land – The Law and The Remedies
• Partition of Jointly Held Property – The Basics
• Unlawful Discrimination in Leasing - The Basics
• Landlord Tenant Links for San Franciscans

[ Top ]

 15. Consumer Rights And Remedies

• Automobile Lemon Laws In The United States – What Can You Do If The Car You Just Bought Is A Real “Lemon”?
• Credit Report Problems – What Are Your Rights Under Federal Law
• Identity Theft – Practical Protection Tips - Chapter One
• Identity Theft - Practical Protection Tips - Chapter Two
• Usury Law in California

[ Top ]

 16. International Law

• International Business Transactions for the United States Business
• Mexican trusts for Mexican Assets: Uses and Issues
• The Role of Your U.S. Counsel in International Litigation
• International Joint Ventures - The Basic Criteria for Success

[ Top ]

 17. Bankruptcy and Insolvency Law

• Bankruptcy: The Constitutional Right to Start Over

[ Top ]

 18. Immigration Law and Practice

• Green Card and Eventual Citizenship – The Basics
• Coming to America: Non-Immigrant and Immigrant Business Visa Applications
• The Student Visa For Entry Into The United States
• The Business Purpose Visa
• The H-1B (Specialty Occupation) Petition for Visa in The United States

[ Top ]

 19. Lessons from the Combat Zone – Lawyer’s Stories with a Moral

• Story # 1 - Embezzlers are Nice People
• Story # 2 - The Acid Test Clause
• Story # 3 - Lying to Your Lawyer is Lying to Yourself
• Story #4 - Preprinted Forms Don't Go to Trial
• Story #5 - You Ain't in Kansas Anymore
• Story #6 - How the Handwritten Will Had My Father Singing in Court
• Story #7 - Getting the Land for Free Was Not Free

[ Top ]

© Copyright 2001, Stimmel, Stimmel & Smith, P.C. All Rights Protected. Disclaimer.