Irvine Business Litigation Blog

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.

Employment law and auto dealerships

On behalf of Burkhalter Kessler Clement & George LLP posted in Auto Dealership Law on Friday, June 29, 2018.

There are many different reasons why auto dealers may find themselves in a difficult position, legally speaking. For example, litigation involving another car dealer may arise or a dealership may struggle with difficult clients. However, employment law issues can be especially tricky and take many different forms. If you own an auto dealership, or if you work for a car dealership, it is important to understand which types of behavior violate the rights of employees and ensure that the appropriate steps are taken in the event that such violations take place. In Irvine, and across the rest of California, these disputes can have a very damaging impact on dealerships of all sizes.

From sexual harassment to wage violations, there are many facets of employment law that the owner of an auto dealership may face legal issues over. Preventing sexual harassment is pivotal and there are many other violations that can wreak havoc for businesses and workers alike, such as discrimination, denied breaks, unpaid overtime and many other matters. Sometimes, employees file suit over false allegations, but these cases can be incredibly damaging for a car dealership if the end result is unfavorable. In fact, these accusations alone can damage a business' reputation and lead to financial troubles.

Three contract tips that can prevent construction litigation

On behalf of Burkhalter Kessler Clement & George LLP posted in Contract Disputes on Wednesday, June 27, 2018.

Not only are construction project expensive and time-consuming, they can also be legal minefields. A large construction project can involve multiple contractors and subcontractors that can have issues with their contracts. A 2016 study by the consultancy firm Arcadis, showed that the top two causes of a construction dispute (PDF) were because of "errors with the contract" and "a failure to properly administer the contract."

While litigation is common in the construction industry, you can take a few steps to a prevent lawsuit. An enforceable and effective construction contract is one of the key tools that you have for protection. If you are a property owner, you can use these three tips to create a contract that prevents litigation and protect your rights if litigation does occur.

Addressing a dispute involving beneficiaries

On behalf of Burkhalter Kessler Clement & George LLP posted in Estate Planning on Saturday, June 16, 2018.

Estate planning and the distribution of one's estate after they pass away can be challenging for many reasons, from strong emotions to confusion with respect to the process in general, taxes or certain laws. However, disputes may arise over a number of issues, especially when it comes to the distribution of the assets of an estate. When these disagreements involve family members, such as siblings, they can be especially contentious. Whether you want to address hard feelings that have arisen after you discussed your plans, or your loved one has passed away and a dispute has surfaced, it is crucial to handle these matters appropriately.

Sometimes, people are able to take potential disputes into consideration when creating an estate plan to avoid these challenges later on. However, this is not possible in every case and some estate plans inevitably leave certain people with hard feelings. If your loved ones are disputing certain aspects of your estate plan, you may be able to help move things forward by communicating with relatives about your decisions. On the other hand, you may be the executor of an estate or a beneficiary and have found that someone else disagrees with some aspect of the estate plan. For example, your brother or sister may be upset that you received some property and it is important to prevent these disagreements from ballooning and destroying relationships.

Reviewing various facets of real estate law

On behalf of Burkhalter Kessler Clement & George LLP posted in Real Estate Law on Friday, June 1, 2018.

Whether you are a developer, landowner, tenant, or someone who invests in real estate, there are a number of questions that may arise with respect to real estate law. In some instances, these matters can even lead to litigation, which highlights how essential it is to carefully approach any real estate matters that arise. In Irvine and cities all across the state of California, people who are struggling with real estate law matters may be unsure of which approach to take. However, there is often much at stake and it is crucial to make sure that the smartest course of action is pursued.

First of all, there are many different agreements that may need to be signed and you may find yourself in a dispute. For example, you could be facing problems related to agreements involving property management, a commercial lease, financing, disposition, acquisition, construction, development, joint ownership, or a purchase, among others. You could also be struggling with uncertainty related to the payment of a late fee or security deposit, dissolving or forming a partnership or a real estate closing. Unfortunately, some people are unsure of their rights and fail to secure an outcome in their favor, while others may simply feel too stressed out to deal with the legal side of real estate, which can be a major mistake.

Setting up an estate plan after a divorce

On behalf of Burkhalter Kessler Clement & George LLP posted in Estate Planning on Friday, May 18, 2018.

For some people, bringing an unhealthy marriage to an end represents a fresh start, or a second chance at happiness. There are different ways in which people change their lives in the wake of a divorce, whether they are able to enjoy activities that were impossible or challenging to participate in during their marriage or they find a sense of freedom and have the energy to pursue new interests.

Ending a marriage can have a financial impact in many different ways, whether someone begins to receive spousal support or child support payments or they are required to make such payments. Property division and other financial matters may affect you and for some people, this is a perfect time to set up an estate plan. Whether you plan on remarrying or staying single for the rest of your life, or if you have kids or are childless, there are many different factors you may need to go over.

Including stepchildren in your estate plan

On behalf of Burkhalter Kessler Clement & George LLP posted in Estate Planning on Friday, May 4, 2018.

When it comes to estate planning, it is important to keep in mind that each family is unique and the details surrounding a will or trust vary from one to the next. For example, some people may not have any children, while others have several children or stepchildren. If you have stepchildren and wish to include them in your estate plan, it is important to keep related legal factors in mind as you create or revise your trust or will. For example, whether you have adopted your stepchildren or not could affect your estate plan.

Stepparents who wish to provide for their stepchildren and ensure that they are taken care of (even in the event of a parent’s death) may find estate plans very helpful. Setting up an estate plan that includes your stepchildren could give you a sense of peace and may also help your stepchildren feel more accepted and secure in the family. Estate planning can strengthen bonds between family members and lead to a greater sense of financial and emotional support.