Author Archives: Randall Cohen

2014 7 Jul

If you are a business owner with 15 or more employees, you are subject to the requirements of the Americans with Disabilities Act (ADA). One of the fundamental obligations of employers under the ADA is to provide “reasonable accommodation” for individuals with disabilities, unless it would cause undue hardship to the business. A reasonable accommodation is any change in the work environment or in the way a job is performed that enables a person with a disability to enjoy equal employment opportunities.  (more…)

2014 30 Jun

Henry David Thoreau once wrote: “Things do not change; we change.” I’m quite sure Thoreau was not writing about estate planning documents at the time, but he might as well have been. While we are constantly changing – jobs, relationships, homes, finances, family – the estate planning documents that have been sitting in a drawer or safe deposit box for years do not. This includes the beneficiary designations in those documents, which designate the people you chose to inherit your 401(k), company stock, and life insurance benefits. (more…)

2014 23 Jun

In October 2010, President Obama signed into law the “Plain Writing Act of 2010.” The law was the latest response to decades of complaints about the incomprehensibility of many government regulations. An Executive Order subsequently signed by the president stated that federal agencies “must ensure that regulations are accessible, consistent, written in plain language, and easy to understand.” Sadly, no such law applies to attorneys. Not without reason, members of the legal profession have often been accused of using language that is inaccessible, unnecessarily stilted and complicated, archaic, and confusing. Throw in some gratuitous Latin, and what is often written or said by attorneys may as well be in another language entirely. There’s a reason that “legalese” is a word. When clients come to me with questions or concerns about a legal issue, they are doing so because...

2014 4 Jun

Anyone who has been involved in litigation knows that the time between the filing of a complaint and the conclusion of the case is often far longer than seems necessary to the non-lawyer. Many, if not most, lawsuits filed in California, whether they conclude with a settlement or a trial, can take years to reach a final resolution. The slow turning of the wheels of justice is a source of understandable frustration for clients, especially for those with cases that appear relatively simple and straightforward. There are many reasons why the process of litigating a dispute takes so long. Those reasons include everything from a court’s crowded docket, the limited number of available judges, and recent budgetary constraints, to pre-trial challenges regarding the sufficiency of the complaint or the validity of the cause of action, legal...

2014 4 Jun

Limited Liability Companies are rapidly becoming the preferred entity in California due to their flexible management structure and effective liability protection. California’s Revised Uniform Limited Liability Company Act, which became effective on January 1, 2014, made some significant changes to California LLC law.  As I discussed here, these revisions should motivate LLC managers and members to revisit and possibly amend their existing operating agreements to ensure that the new law does not inadvertently change the management structure, or the rights and obligations of the members and managers, from what was originally intended by the parties. One thing that the new Act did not do was add a requirement that LLC operating agreements must be in writing to be enforceable. Under the new Act, as with the old law, an LLC operating agreement may be written or...

    Tell Us About Your Case

    Please fill out the form below and an attorney will be in touch in shortly.

    Fields marked with * are mandatory