The Private Attorneys General Act (PAGA) authorizes disgruntled employees to recover civil penalties on behalf of themselves, other employees, and the State of California. PAGA was originally enacted to help California regulate its underground economy, but it also allows employees to act as an enforcement agency and sue for virtually every labor code violation, not just serious violations or those related to health and safety.  These lawsuits, often brought by plaintiffs’ law firms, also aim…

Dr. Yakitori is a 33-year old single man. Despite his youth, he quickly built up a fabulous practice doing elective cosmetic procedures. When he visited our offices he was fearful that one of those procedures – his patient was a well-known entertainer – may have gone bad, with disastrous consequences. Because Dr. Yakitori is single, a transmutation agreement was out of the question. Dr. Yakitori also had no qualified retirement plan. What Dr. Yakitori did…

The franchising concept is relatively new to China. In fact, as recently as the mid-1990s, the Chinese language didn’t even include a direct translation of the word “franchise.” Nevertheless, in recent decades, Western franchises have been proliferating in China like flowers after a spring shower. Although fast-food chains such as McDonald’s, KFC, and Starbucks have been particularly successful, franchises in other industries have also experienced success. The market certainly looks inviting since China’s middle class…

One of my favorite client stories of all time took place about five years ago. My client, Gretchen, was 97 years old, had a driver’s license for 75 years, and got into her very first car accident. She was driving a friend to church and ran into a parked car. The very next morning her “friend” became a plaintiff, having suffered some minor bruises and scrapes. The plaintiff was asking for $150,000 for her pain and…

Defamation or Free Speech? If you own a business, chances are that you will receive a negative review every now and then. However—what if the post is blatantly false or defamatory, and attempts to contact the poster have failed? It could be time for legal action.  When considering hiring a lawyer to assist with the take-down, try to avoid lawyers who jump into sending a cease and desist letter, as that can backfire. An effective attorney can…