BATNA doesn’t get you to settlement or resolution – instead, looking for answers does –

BATNA is an acronym that stands for Best Alternative To a Negotiated Agreement. It is defined as the best or most advantageous alternative that a negotiating or mediating party can take or has if negotiations and reaching settlement or resolution are failing or are not moving forward and if it is believed that settlement is breaking down cannot be reached. BATNA was presented in the book Getting to YES: Negotiating Agreement Without Giving In (first published in 1981), and it continues to be used as a consideration that a negotiating or mediating party can and should use when deciding whether or not to engage in negotiation or mediation, or whether or not to continue negotiating or mediating when things seem to have stalled or reached an impasse.

Whereas considering BATNA (i.e., why a party should negotiate or keep negotiating) is a good means of moving the parties or a party back from a precipice or position wherein negotiations or mediation breakdown or breakdown at least temporarily, BATNA doesn’t get you to settlement – instead, moving beyond or back from BANTA, being openminded, continuing to explore options, looking for answers, considering the negatives and unknowns, and moving forward toward resolution do move the parties toward settlement and resolution or at least in part on some of the issues.

Thus, the parties, and the mediator need to consider the toolbox of options, and approaches and ways for the parties to continue talking and moving forward from the current position and from their current positions toward resolution or resolutions.

Parties can move off of their positions – or can be willing or induced to move off of their positions, by any number of means, such as, for example:

Persuasion;

Moving within the or their perceived global range of options;

Expanding the or their global range of options;

Disclosing or making known more about or what was previously known about their global range of options;

Force or threat, so to speak;

Changed circumstances;

Optics or disclosure to or about outside stakeholders or influencers;

Additional examination, discovery, evidence or related information, documents, or disclosure;

Additional understanding about the applicable law, burdens of proof, and presumptions;

Additional information about the possible trier of fact; and

More – that is, the long list depends on the particular situation at issue.

Best to you. David Tate, Esq. (and inactive CPA)

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

Business, D&O, audit committee, governance, compliance, etc. http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only

Litigation, Disputes, Mediator & Governance: Business, Trust/Probate, Real Property, Governance, Elder Abuse, Workplace, Investigations, Compliance, Authority, Responsibilities, Rights and Liability, Other Areas

 

Private Directors Association – San Francisco Chapter, and Webinar Sponsor, Speaker and Panel Opportunities

I am a founding member of the San Francisco Chapter of the Private Directors Association (PDA). The San Francisco Chapter was formed in 2020 during COVID. The Chapter is humming along and has over 100 members.

The Private Directors Association has Chapters across the United States, and also two additional Chapters in Southern California.

Each Chapter presents webinars on topics of interest and relevance to private company and organization directors. There are opportunities for webinar sponsors, speakers and panels. Upcoming webinars and events are advertised and promoted to all members and Chapters, not just to the local Chapter.

There are also Chapter sponsorship opportunities which provide additional benefits and exposure for the sponsor.

For additional information, if you would like, you can reach out to me at dave@tateattorney.com. I have also linked below the current webinar sponsor/speaker packet, a brochure for the San Francisco Chapter, and a brochure for National PDA.

Here is a link for the San Francisco Chapter website https://www.privatedirectorsassociation.org/san-francisco-chapter and here is a link for the National PDA website https://www.privatedirectorsassociation.org/

Immediately below in the following order you will find links for the current webinar sponsor/speaker packet, a brochure for the San Francisco PDA Chapter, and a brochure for National PDA.

Best to you. David Tate, Esq. (and inactive CPA)

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

Business, D&O, audit committee, governance, compliance, etc. http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only

Litigation, Disputes, Mediator & Governance: Business, Trust/Probate, Real Property, Governance, Elder Abuse, Workplace, Investigations, Other Areas

California SB9 – a statewide land control zoning shift from local cities and communities to Sacramento

I was just recently made aware of California SB9 during a local rather vocal City Council/public comment meeting. The relevant topic on the Council’s agenda was whether to hire a consulting firm to evaluate whether all single family residence zoning in the entire City should be abolished so as to allow multiple unit building zoning anywhere and everywhere in the City. A multiple unit building could be newly constructed, or it could be an existing single family residence that is then converted into a multiple unit building in the middle of a community that had been zoned for single family residences.

Now, land use and zoning are not my areas of law. And I will also say that I learned some important things about City Council meetings, City Council members and their approaches to issues and risk management, and speakers from outside of the community – but maybe more about those in a different blog post.

Ultimately after the local community was more informed and vocal at the second meeting on the issue, the vote was postponed as it was discussed that the Legislature in Sacramento is looking at the same or a similar issue in SB9, which, it was explained, is expected to pass. Thus, in my view, there never was a reason to even put this issue on the local City Council agenda. Through SB9 the Legislature in Sacramento seeks to take control of and to change single family zoning throughout the State of California. Again, this isn’t my area of law, but I looked up SB9 anyway.

First, like a lot of legislation, much of the wording and many of the provisions in SB9 are vague, undefined, open-ended, or to be determined in the future by some other regulation, department, committee, commission, board, organization or later added additional legislation.

Equally, and perhaps more interesting, I found Section 4 near the end of the proposed statute that I was reading. I have pasted Section 4 below. I believe that all legislation should disclose the legal basis and authority upon which it is being proposed and enacted. But that doesn’t happen. I’m not representing that the Legislature does not have authority – I’m simply saying that upon what legal basis and authority should be disclosed. Thus, for example, in SB9 the Legislature in Sacramento “finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term . . . is used in the California Constitution” and that “[t]herefore, [the Sections that are being enacted] apply to all cities, including charter cities.” You can read the wording below.

(1) I would ask, under what legal authority is the Legislature interpreting or changing the California Constitution?

(2) And, as “ensuring access to affordable housing is a statewide concern,” which is an entirely vague and undefined goal, I would bet that if SB9 is enacted the Legislature in Sacramento will regularly (e.g., possibly on a year in and year out basis) be looking to mandate new and additional housing and building zoning changes to be applied throughout the State on a statewide basis regardless of the differing facts and makeups of the local communities that are impacted. I would say, for example, housing in San Diego (and even San Diego should be broken down into local communities) is different than housing in Torrance, which is different than housing in Fresno (which also should be broken down into local communities), which is different than housing in Hillsborough, which is different than housing in Santa Rosa, which is different than housing in Elks Grove, which is different than housing in Chico or Redding, etc.

The following is SB9 Section 4:

SEC. 4.

The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.

Best to you. David Tate, Esq. (and inactive CPA)

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

Business, D&O, audit committee, governance, compliance, etc. http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only

Litigation, Disputes, Mediator & Governance: Business, Trust/Probate, Real Property, Governance, Elder Abuse, Workplace, Investigations, Other Areas

Two discussions about allowances and limitations on social and internet speech in the context of employers and professional associations – forwarding by Joshua Borger

I have provided below links to two discussions by Joshua Borger of Berliner Cohen in which Joshua discusses:

1. Can employers fire employees for social or political speech? Click on the following link:

https://www.dailyjournal.com/mcle/887-can-employers-fire-employees-for-social-or-political-speech

2. Can professional associations dismiss members for internet posts? Click on the following link:

https://dailyjournal.com/mcle/889-can-professional-associations-dismiss-members-for-internet-posts

The two above discussions are highly relevant, and they relate to areas of law that are changing and undecided in many respects. Currently, and in the years to come, new court decisions will be handed down, including from the US Supreme Court. The discussions in this area also can depend on whether the speaker and the speech or communication in question is subject to conduct or morality clauses or agreements. More will follow on these topics, to be sure.

Best to you. David Tate, Esq. (and inactive CPA)

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

Business, D&O, audit committee, governance, compliance, etc. http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only

Litigation, Disputes, Mediator & Governance: Business, Trust/Probate, Real Property, Governance, Elder Abuse, Workplace, Investigations, Other Areas

Questions To Consider To Facilitate Dispute And Conflict Resolution (attached/updated)

I have updated (slightly) and attached my paper with questions to consider to facilitate dispute and conflict resolution. Parties and their counsel in litigation should consider these questions prior to mediation or conflict resolution, and should be prepared and willing to discuss these questions with the mediator. These are also useful questions to consider in situations involving contentious or possible litigious disputes. Click the link below for the pdf.

Best to you. David Tate, Esq. (and inactive CPA)

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

Business, D&O, audit committee, governance, compliance, etc. http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only

Litigation, Disputes, Mediator & Governance: Business, Trust/Probate, Real Property, Governance, Elder Abuse, Workplace, Investigations, Other Areas

A Simple Risk (And Uncertainty) Management Process (Slide)

I have provided below a jpg of my simple risk and uncertainty management process slide – a sample ten-point process – or for a more clear picture click on the download link below.

Best to you. David Tate, Esq. (and inactive CPA)

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

Business, D&O, audit committee, governance, compliance, etc. http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only

Litigation, Disputes, Mediator & Governance: Business, Trust/Probate, Real Property, Governance, Elder Abuse, Workplace, Investigations, Other Areas

 

 

Updated Business Judgment Rule Slides (see attached)

I updated my slides discussing the business judgment rule and saved the slides as a pdf which you can download and view from the following link:

Best to you. David Tate, Esq. (and inactive CPA)

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

Business, D&O, audit committee, governance, compliance, etc. http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only

Litigation, Disputes, Mediator & Governance: Business, Trust/Probate, Real Property, Governance, Elder Abuse, Workplace, Investigations, Other Areas

 

Legal And Non-Legal Decision-Making And Conduct To Keep In Mind (Slide)

View the jpg above, or for a more clear picture, click the link below.

Best to you. David Tate, Esq. (and inactive CPA)

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

Business, D&O, audit committee, governance, compliance, etc. http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only

Litigation, Disputes, Mediator & Governance: Business, Trust/Probate, Real Property, Governance, Elder Abuse, Workplace, Investigations, Other Areas

 

ADA Lawsuits for Websites: Is Your Website Compliant? | Forwarding By Dan Ballesteros

I am forwarding below a link to an article by Dan Ballesteros, discussing “A new frontier has arrived for Americans with Disabilities Act (ADA) compliance lawsuits: lawsuits for non-compliant websites.” Dan’s discussion is useful, and is fairly detailed. Impacted websites must be ADA compliant. See also Dan’s reference to the California Consumer Privacy Protection Act (CCPA) and privacy policy accessibility requirements. Here is the link to the article: https://www.hogefenton.com/news-events/ada-lawsuits-websites-website-compliant-2/

Best to you, Dave Tate, Esq.

My two blogs are:

Business, D&O, audit committee, governance, compliance, etc. http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

Amanda North, Plan C Advisors Founder And CEO – Climate Action Plan For Businesses 2021 – A Helpful Paper

I have pasted below and I have attached a pdf of a paper that is written by Amanda North who is the Founder and CEO of Plan C Advisors. Plan C Advisors helps businesses plan for and implement current and upcoming climate change requirements. The paper is a helpful read that contains five action points that help to point businesses in the right direction. If the links in Amanda’s paper that I have copied and pasted below don’t work, I believe that the links in the pdf will. Enjoy the paper, and contact Ms. North (Amanda) if you would like to explore how Plan C Advisors can help you.

You will find the pdf link immediately below, and I have copied and pasted Amanda’s paper below the link:

Five Steps to Prepare for 2021 – The Year of (Climate) Change

By Amanda North, Plan C Advisors Founder and CEO

After mounting pressure from stakeholders and growing evidence of climate change impacts, the stars have aligned — the Biden Administration is making climate a top priority, leading asset managers are requiring portfolio companies treat climate as a material issue, and companies around the world are pledging bolder climate actions. According to a recent Pew Research poll, citizens in Europe and around the world believe climate is the crisis of ongoing and greatest importance facing our shared planet. By all measures, 2021 is shaping up to be a year of accelerating climate action in the US and around the world.

If business leaders are not already in deep planning mode, they should get ready — fast. Members of the  Plan C Advisors team suggest 5 steps to get started:

#1 Plan for Climate Risk Across the Entire Organization

COVID-19 should be a wake-up call to business leaders thinking about climate. Like the pandemic, the early warning signs of climate impacts were largely ignored and climate has now reached crisis stature. Plan C Advisors counsels company leaders to map climate-related organizational risks and opportunities across the entirety of your business and develop enterprise-wide action plans. Jupiter Intelligence, a Plan C Advisors partner, helps companies predict the physical impacts of climate and develop risk mitigation strategies by utilizing new generations of sophisticated, AI-based, software. Potential impacts to reputation, brand strength and customer loyalty also must be considered recommends Jennifer Swint. Additionally, because of climate change, some companies may need to reconsider the fundamentals of their business as Simon Todd counsels clients in the energy sector who are faced with the fundamental challenge of transitioning their traditional products, services and operations.

#2 Leverage Climate Demands to Create Company Value

Organizations that understand their Purpose, have a culture of fearless innovation, and act decisively can find opportunities to evolve their products and services and launch new businesses in response to climate challenges. Pivoting company leadership to look at climate as a business opportunity will lead to more innovation and ingenuity that will be good for your bottom line as well as the planet.  Lisa Bougie leverages her career as an executive in the apparel sector, one of the industries under greatest duress from climate factors, to help clients consider creative approaches to climate impacts. In the apparel sector this includes new business models such as renting vs buying clothing, use of new planet-friendly materials and upcycling.  Celso White draws on his many years as an executive with global food and beverage companies to help clients rethink their supply chain operations to increase efficiencies and improve their climate footprint. And Chris Miller, Plan C Advisor and partner at AJW a leading government affairs consultancy, advises business leaders to proactively advance policies on climate that align with their business strategies.

#3 Develop Ongoing, Bi-directional, Communications with Stakeholders

In this era of transparency, the full range of company stakeholders—employees, customers, partners, and investors–all demand knowledge of corporate climate actions. They no longer are satisfied with platitudes, but with the kind of concrete examples of climate action that Silverline Communications uses as the basis for communications on behalf of its clients. Importantly, audiences want to be engaged on the topic of climate, not merely spoken to. Collaboration with affected communities, industry groups, NGOs as well as governmental entities across geographic regions is a requirement for effective climate action.  Climate Justice expert Bee Hui Yeh, emphasizes that all voices must be included in order to drive climate solutions that are healthy, just and sustainable for all.

#4 Disclose, Even with Imperfect Information

Formal disclosures are playing an increasingly important role in climate communications. Plan C Advisors Partner GAA says even if you have imperfect information, and even if not all the news is positive, it is critical that you disclose your climate impact and exposure using at least one of the myriad standards and frameworks now available for that purpose. For instance, if investors are a critical audience for your organization, using the SASB disclosing standards would be a good first step. Disclosures have been complex, changing and burdensome for businesses, but there are positive signs that this is changing as the value of disclosing receives more mainstream acceptance—and quite likely soon will be mandated in the US as it is in many parts of the world.

#5 Engage Your Board

BlackRock and other major asset managers are increasingly vocal about holding board directors accountable for making progress on sustainability-related goals, including climate. D’Anne Hurd, recommends that board directors play a vital role in setting the tone and guiding the adoption of climate strategies. Tracy Edkins advises boards to engage more directly with management to catalyze the organizational transformation needed to drive climate action across the enterprise, including aligning language, incentives and compensation–not a small task particularly when working with a sprawling, global and fast-growing organization as she has in her role as chief people officer in the tech sector.

Call to action—Readiness Assessment

Fortunately, all signs point to the pace of climate awareness and action rapidly accelerating in 2021, particularly as the Biden Administration takes office. This is the year for all business leaders to ensure they have a plan in place to address climate throughout their organizations. Silverline Communications and Plan C Advisors can get you started with an initial diagnostic to assess organizational readiness and recommend priority next steps. Please reach out to Amanda North at anorth@plancadvisors.com to learn more.

Best to you. David Tate, Esq. (and inactive CPA)

——————————————————————–

Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only

Litigation, Disputes, Mediator & Governance: Business, Trust/Probate, Real Property, Governance, Elder Abuse, Investigations, Other Areas

Blogs: Trust, estate/probate, power of attorney, conservatorship, elder and dependent adult abuse, nursing home and care, disability, discrimination, personal injury, responsibilities and rights, and other related litigation, and contentious administrations http://californiaestatetrust.com

Business, D&O, board, director, audit committee, shareholder, founder, owner, and investor litigation, governance and governance committee, responsibilities and rights, compliance, investigations, ESG + sustainability, and risk management  http://auditcommitteeupdate.com

My law practice primarily involves the following areas and issues:

Trust, Estate, Probate Court, Elder and Dependent Adult, and Disability Disputes and Litigation

  • Trust and estate disputes and litigation, and contentious administrations representing fiduciaries, beneficiaries and families; elder abuse; power of attorney disputes; elder care and nursing home abuse; conservatorships; claims to real and personal property; and other related disputes and litigation.

Business, Business-Related, and Workplace Disputes and Litigation: Private, Closely Held, and Family Businesses; Public Companies; Nonprofit Entities; and Governmental Entities

  • Business v. business disputes including breach of contract; unlawful, unfair and fraudulent business practices; fraud, deceit and misrepresentation; unfair competition; licensing agreements, breach of the covenant of good faith and fair dealing; etc.
  • Misappropriation of trade secrets.
  • M&A disputes.
  • Founder, officer, director and board, investor, shareholder, creditor, VC, control, governance, decision making, fiduciary duty, conflict of interest, independence, voting, etc., disputes.
  • Buy-sell disputes.
  • Funding and share dilution disputes.
  • Accounting, lost profits, and royalty disputes and damages.
  • Insurance coverage and bad faith.
  • Access to corporate and business records disputes.
  • Employee, employer and workplace disputes and processes, discrimination, whistleblower and retaliation, harassment, defamation, etc.

Investigations, Governance, Boards and Committees, Officers, Authority, Responsibilities and Rights

  • Corporate, business, nonprofit and governmental internal investigations.
  • Board, audit committee, governance committee, and special committee governance and processes, disputes, conflicts of interest, independence, culture, ethics, compliance, ESG, sustainability, etc.; and advising audit committees, governance committees, officers, directors, and boards.

Mediator Services and Dispute Resolution

  • Trust, estate, elder and elder abuse, conservatorship, power of attorney, and other probate court cases.
  • Business: breach of contract.
  • Business: owner, founder, partner, shareholder, investor, board and committee, officer, and governance disputes.
  • Employment and workplace, discrimination, wrongful termination, and harassment.
  • Real estate.
  • Personal injury.
  • ADDITIONAL AREAS – ASK

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