Irvine Business Litigation Blog

Litigation, from an auto dealer's viewpoint

On behalf of Burkhalter Kessler Clement & George LLP posted in Auto Dealership Law on Friday, October 19, 2018.

If you run an auto dealership, you likely have to handle a number of problems from time to time, whether you run into disagreements with staff members or face challenges which involve certain customers. We understand how challenging this can be for auto dealerships in Irvine and all over the state of California. We also know that some of these disputes can lead to litigation and that they are a myriad of reasons why auto dealers find themselves in the courtroom. Unfortunately, litigation can have an incredibly damaging impact on a dealership, even in instances when the auto dealer is falsely accused of wrongdoing.

First of all, litigation can shatter an auto dealership's reputation, prompting potential customers to look elsewhere. This can have a damaging impact on an auto dealer and the future of their business, especially in a challenging economic climate. In some instances, the damage that an auto dealer sustains as a result of being sued is so severe that they have to shut down their business completely. After all, the financial penalties of litigation can be very serious as well.

Litigation over an employee's work-related injury

On behalf of Burkhalter Kessler Clement & George LLP posted in Labor and Employment Law on Saturday, October 6, 2018.

From claims that an employee experienced discrimination or sexual harassment, there are many different legal issues related to employment law that can create hardships for workers and companies alike. However, it can be especially difficult to deal with the aftermath of a work-related injury. These injuries can create financial and physical hardships for workers, and they can also give rise to a number of challenges for employers. Moreover, each case is unique and some may involve fabrications and outright lies in order to receive compensation that is not deserved. It is very important to handle legal action over an employee injury properly.

The workplace can be dangerous for many reasons. From construction sites that present many hazards to office spaces, workers are hurt in all sorts of ways. Even those who may believe that their job is relatively safe could be injured after falling down in the workplace or suffering an injury due to repetitive stress. Some workers may falsely accuse their employer of being responsible for the accident and they may decide to take their case to court. Unfortunately, this can lead to a number of challenges for business owners.

Important times to update your will

On behalf of Burkhalter Kessler Clement & George LLP on Tuesday, October 2, 2018.

Estate planning is an effective tool for implementing your long-term wishes and goals. Once you take the initial step of creating a will and other estate planning documents in California, it is just as important to continue updating this relevant information throughout your lifetime.

How often should you update a will? What would prompt an update to an overall estate plan? There is no universal template for estate planning, so each person needs to consider their long-term goals in relation to their current situation. There are a few important milestones that may prompt an updated will, but consider revisiting this information on a regular basis.

How can I avoid common estate planning mistakes?

On behalf of Burkhalter Kessler Clement & George LLP posted in Estate Planning on Wednesday, September 26, 2018.

If you’re currently creating an estate plan in California, you know that attention to detail is of the utmost importance. This entails being aware of common mistakes and knowing how to avoid them, which will help you design a solid and legally binding plan. Kiplinger provides insight into the following mistakes so you can be sure they’re not an issue within your estate plan.

Failing to create an estate plan

Commercial real estate as a newcomer

On behalf of Burkhalter Kessler Clement & George LLP posted in Real Estate Law on Saturday, September 8, 2018.

Any real estate transaction can bring questions and give rise to uncertainty, but some are especially complex. For example, commercial real estate transactions can be quite complicated, especially for someone who may have no experience with these types of deals. Whether you plan on buying commercial real estate, selling commercial property or leasing commercial real estate, it is absolutely essential to make sure that your interests are protected. In Irvine and other cities across California, some commercial real estate transactions have led to unnecessary stress and financial loss later on because those involved in the deal lacked familiarity with these deals.

You may have questions about your legal rights or be unsure of certain issues involving real estate law. If so, it is essential to find answers right away and make sure that you have figured out the most practical path forward. You may also have questions about a contract, doubts involving business partners or many other areas of uncertainty related to the commercial real estate transaction. By finding solid answers to all of your questions and giving yourself a sense of confidence in the decisions that you make, you may be able to accomplish more than peace of mind. In fact, you could increase the likelihood of an ideal outcome that suits your interests best.

Handling allegations of age discrimination

On behalf of Burkhalter Kessler Clement & George LLP posted in Labor and Employment Law on Saturday, August 25, 2018.

In the workplace, an employee may be subjected to unlawful discrimination over their gender, religious beliefs or sexual orientation. However, age discrimination is especially concerning and has created many obstacles for some workers. With that said, some people have also falsely accused a hiring manager or employer of age discrimination, whether their application was turned down or they were let go. There are many reasons why employees and prospective employees may wrongly believe that they were discriminated against because of their age, but the consequences can be particularly damaging for a company both in terms of reputation and financial penalties.

Some people may be overly concerned about their age and when they do not get a position, they may believe it was solely because they were too old (even when there is no truth to this belief). Or, an employee may intentionally accuse their former employee of age discrimination even though they know that no laws were broken. For example, someone who has hard feelings towards a company they used to work for may decide to file suit in order to get revenge.

Handling disputes with employees properly

On behalf of Burkhalter Kessler Clement & George LLP posted in Labor and Employment Law on Saturday, August 11, 2018.

Employers may run into a wide variety of problems with staff members, whether they involve sexual harassment, allegations of unpaid overtime, accusations related to discrimination or some other employment law matter. As a business owner, it is crucial to handle these disputes properly and do what you can to prevent them from arising in the first place. Sometimes, these types of challenges will surface regardless of the precautionary measures that you take. The outcome of a dispute with a staff member may impact your business in multiple ways and it is essential to approach the issue appropriately.

For starters, you could be able to secure a favorable outcome for both parties by discussing the issue with the employee outside of court. This certainly is not always possible, of course, and in the event that litigation arises it is essential to know what your rights are and carefully review the various details surrounding the allegations. Employment law can be tricky and these cases often bring a harsh stigma for companies that are found to be responsible for the violation of an employee's rights. As a result, it is imperative to protect the reputation of your business and avoid the potential consequences of an employee lawsuit.

Is a dynasty trust right for you and your family?

On behalf of Burkhalter Kessler Clement & George LLP on Tuesday, August 7, 2018.

You have worked hard and been successful in your career. You and your family live very comfortably. Life has been good. Now that you are getting older, you are starting to worry what will happen to your children and your children’s children after you are no longer around. You plan to include your children in your estate plan, but you are just not sure that will be enough. If you want the wealth you have accrued to provide for generations of your family, you may consider creating a dynasty trust.

What are some examples of sexual harassment?

On behalf of Burkhalter Kessler Clement & George LLP posted in Labor and Employment Law on Saturday, July 28, 2018.

In the workplace, there are a number of reasons why disagreements arise and various violations that occur. Sometimes, these allegations are based on fabrications, while others mark a serious problem that is rampant within a particular company. Either way, these issues can lead to litigation and high-profile incidents, with the end result being very damaging for a business regardless of its size. Sexual harassment is particularly concerning and has received much attention in recent months, which is why business owners should understand which behaviors are prohibited and take steps to stamp out these violations.

The U.S. Equal Employment Opportunity Commission has drawn attention to many examples of unlawful sexual harassment. For example, it is illegal for an employee to be harassed in a way that is so severe it creates a hostile work environment. Unwanted advances which are sexual in nature, sexually harassing a worker verbally or physically and requesting sexual favors may also constitute illegal harassment.

Personal injury settlements and estate plans

On behalf of Burkhalter Kessler Clement & George LLP posted in Estate Planning on Saturday, July 14, 2018.

We have covered some of the reasons why people make changes to their estate plan, such as bringing their marriage to an end. However, there are many more instances in which a person may need to take a second look at their estate. For example, someone who receives a personal injury settlement may need to change the way in which their property will be distributed and factor in their newfound assets. Moreover, some people decide to set up an estate plan for the first time as a direct result of a personal injury settlement.

In the wake of a personal injury case, someone may be facing a number of challenges. For example, they could still be struggling with physical or emotional pain or they could feel as if they are too stressed out or busy to make changes to their estate plan. However, doing so could provide peace of mind and help ensure that their property is handled according to their wishes in the future. It should also be pointed out that personal injury cases can affect people in other ways. For example, someone who suffered a major injury in a car crash or any other type of accident may not be able to work any longer, which could change their financial circumstances considerably.