Lawyer, domestic violence
Written by Edward Lai

A Look into the Key Points of California’s Domestic Violence Law

Domestic violence is something that California is seeking to prevent and lessen with strict laws and fitting punishment for those found guilty of the act. The state identifies domestic violence as an act an individual commits against a relation as defined by the California Penal Code.

These relationships include: spouse or former spouse, cohabitant or former cohabitant in a home, a parent whom the individual has a child with, or a partner in a dating relationship. Because domestic violence usually is paired with child abuse, California lawmakers are constantly trying to help those who are affected by domestic violence.

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Lawyer, family Law
Written by Edward Lai

Four Out of Five Couples Do Not Abide by Divorce Law

New figures have revealed that four out of five couples who are divorcing do not abide by correct divorce laws. The law that is mostly typically ignored is the law that couples are required to consider mediation before they go to court for the divorce.

These numbers stem from a report conducted by National Family Mediation. The report states that an overwhelming 80% of all couples who are separating due to divorce do not follow the 2014 ruling requiring the presence of both parties at mediation information and assessment meanings (MIAMs).

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Family Law Oakland CA
Written by Edward Lai

Annulment vs. Divorce

Annulment and divorce are two sides of the same coin. While both methods effectively end a marriage, they do so in similar but different ways.

Divorced or Single

One of the biggest differences between divorce and annulment is that of civil status after each has already been completed. For divorce there is now a check box under civil status for divorced, while if the couple chooses annulment all parties involved has the right to check the box indicating they are single. This is because the annulment process pretty much makes it as if the marriage never took place.

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Lawyer, Child Support,Family Law
Written by Edward Lai

Simple Guide to Child Support

The way the appropriate amount of child support is calculated is usually a long and complicated process. Generally the lawyers of all the concerned parties use complex and expensive calculation software which takes into consideration a variety of factors.

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Family Based Immigration
Written by Edward Lai

Family Based Visa Petitions

An American citizen may petition for certain family members to receive a green card, fiancé(e) visa, or K-3/K-4 visa through the U.S. Citizenship and Immigration Services (USCIS), the government agency that oversees lawful immigration to the United States. The purpose of a family-based visa petition is to document a petitioner’s interest, right, and ability to assist a relative’s immigration to the United States. The process begins with filing the appropriate petition form, which will establish the family relationship existing between the petitioner and relative.

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Attorney,Employment Law
Written by Edward Lai

Drafting a Company Hostile Work Environment Policy

All businesses, regardless of size, should have an official policy regarding the prevention of a hostile work environment. Each hire should be made aware of this policy at the beginning of his or her employment. Moreover, each new employee should also know that there is zero tolerance for any person who does not comply with the company’s hostile work environment policy.

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Business Attorney, Corporate Business,
Written by Edward Lai

Comparing LLCs, LLPs, S Corps, and C Corps

Businesses can be comprised of only one person or they can be at the other end of the spectrum — multinational companies with thousands of employees, and their needs will vary as far as business structure. The chief considerations in incorporation revolve around taxation and liability. The primary differences among limited liability companies (LLCs), limited liability partnerships (LLPs), S corporations (S corps) and C corporations (C corps) involve the determination of how much is payable to the Internal Revenue Service when profits are taxed and who is responsible for paying these taxes.

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Business Attorney, product liability issues
Written by Edward Lai

Basics of Product Liability Lawsuits and Defenses

 

The following is an outline of the basics behind the two theories upon which product liability suits are usually based, along with common defenses used by manufacturers.

Strict Liability

At the core of many products liability lawsuits is the Doctrine of Strict Liability. When applied, a manufacturer does not have to be negligent to be found liable for harm resulting from the manufacturer’s product to a consumer. This doctrine imposes a duty to ensure that a product is safe, and any harm resulting from use of the product means the manufacturer failed in that duty. A plaintiff who files a strict liability case may allege there was a failure to warn of the danger in using the product or a defect in the product’s design or manufacture.

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Family Law, Lawyer, Help
Written by Edward Lai

Americans with Disabilities Act Overview – Part 1

The Americans with Disabilities Act (ADA) was enacted by Congress in 1990, and it was amended in 2008 by the Americans with Disabilities Act Amendments Act (ADAAA). This amendment made several significant revisions to the definition of a disability. A civil rights law, the ADA prohibits discrimination against individuals with disabilities in certain areas of public life. The law ensures that the disabled have equal rights and opportunities in the United States. The Act is composed of five titles (sections), each pertinent to an area of public life. Part 1 will discuss Titles I and II.

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Mediation and Arbitration
Written by Edward Lai

Is There a Difference Between Mediation and Arbitration?

Every year millions of people go through some sort of litigation. Only a small percentage of those people ever see a lawsuit or the inside of a courtroom. Many of these ligation cases go through some sort of mediation or arbitration before the case ever goes to court.

But many do not know the difference between mediation and arbitration. For those not in the know let’s define the two. Both mediation and arbitration are forms of what is called Alternative Dispute Resolution (ADR), ADR can be defined as settling disputes without having to go through litigation. Please be advised that there are also other types of ADR besides mediation and arbitration.

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