Family Law Oakland CA
Written by Edward Lai

What Happens to the Family After the Parents Split Ways

Letting go of something that you as a parent and a couple have fought for through many years is never easy. Many young parents and now separated couples are finding that breaking up a family is not an easy task.

While it be through divorce or through “separation” splitting a family is difficult for all those involved. However in the end it could be for the best. So what exactly happens when a family is ultimately split apart? There are certain steps that must be taken to ensure that any children involved are to be protected and raised properly.

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Construction Defect Family Law
Written by Edward Lai

Mediator Tells States to End the Water Wars

The month-long trail which was to end the high stakes water war between the states of Georgia and Florida ended with a special master telling the two neighboring states to negotiate a settlement.

Special Master Ralph Lancaster reminded both states that there is still a lot to lose, be it for the blooming metropolis of Atlanta or the residents of the small town of Apalachicola, Florida. According to Lancaster the two sides should “settle the blasted thing,” and that either way one side is going to be unhappy with the results. Lancaster even hinted that both sides may not like the outcome of the court mandated mediation.

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Construction Defect Family Law
Written by Edward Lai

Handling Family Business Disputes

Any lawyer who has handled family business disputes can say that these cases tend to get ugly, protracted and destructive. This is normally caused by the family members in power not wanting to relinquish that power over time or at all. However, a good litigator will be able to handle these disputes as long as they are well prepared and willing to go to the extra mile.

But why are family business disputes so important? For most a family business would mean a small mom and pop store that has been in the family for many years. However, it should be noted that several large businesses have been family run and owned for many years. Many businesses even employ hundreds of thousands of employees.

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Lawyer,Mediation , Arbitration
Written by Edward Lai

A Guide to Divorce Mediation

Going through a divorce is never an easy thing, especially knowing that there are a lot of factors to take into consideration. For those who are not in the know, divorce through mediation means that each spouse agrees that a third party mediator will help to resolve the issues between each party and end the marriage as amicably and cost effectively as possible.

What the Mediator has to take into Consideration

One of the most critical things that all parties must take into consideration is the children that are affected by the divorce proceedings. The mediator must review the side of both parties and come to an amicable solution to parenting time and custody. However, with a situation as sensitive as children the mediator must take all the information given very carefully and seriously.

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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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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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Constructio Defect Attorney Oakland CA
Written by Edward Lai

How to Avoid a Construction Defects Lawsuit

As a construction contractor or sub-contractor, one of the biggest things that you must try to avoid is a construction defects lawsuit. So what is a constructions defects lawsuit? Basically, it is a lawsuit that comes from a disgruntled customer on the premise that the customer is not satisfied with the finished construction product for one reason or another.

Normally, under California law, the statute of limitations for such a lawsuit is 10 years after completion of the building, for “latent” defects, under California of Civil Procedure Section 337.15.   It is four years if the defect is “patent”, California Code of Civil Procedure Section 337.1.

The cause of such a lawsuit can stem from any number of reasons, even those that are beyond your control.   Here are some tips on how to maximize avoiding the potential of becoming a party to a construction defects lawsuit:

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