Tatev Oganyan, Esq

Happy July 4th, everyone! Please join us for the next presentation of the Licensing and Tech Transactions Interest Group of the IP Section of the California Lawyers Association, Friday, July 12, at 12pm Pacific. As always, attendance is free, and attendees will be eligible to receive .75 MCLE self-study credits. This month's presenter is our own Vice-Chair, Jay Parkhill! this month's topic: Lawyering in the 2020s: Technical and Ethical Considerations for Keeping up with our Clients Part 1: Working in Shared Document Environments. As lawyers we have traditionally shared documents with clients via email: send document, receive comments, Save As, edit, send, repeat. Our clients often work in shared documents systems like Google Docs, though. The first half of this presentation will cover technical issues and practice-oriented tips for working with clients in shared-document systems. This is intended to be a round-table format where we can all share tips & tricks we have learned. Part 2: E-signatures. Electronic signatures are the default for many transaction types. This part of the presentation will review the legal foundations for e-signatures, exceptions to e-signature use, and a few recent cases that show pitfalls to avoid. If you are interested in attending, please contact the Chair of the Interest Group, Matthew Dedon, for the login details and presentation materials: [email protected].

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Check out our Tobacco + Nicotine team's blog, where we discuss a California tribe's dispute with the Bureau of Alcohol, Tobacco and Firearms under the Prevent All Cigarette Trafficking (PACT) Act. This dispute is an important reminder that ATF's authority under the PACT Act is not limited to traditional consumers, but also extends to businesses that are not "lawfully operating." All tobacco distributors should conduct due diligence on their business customers to ensure that they are not unwittingly found in violation of the PACT Act’s requirements for remote sales to “consumers.” We have seen an uptick in ATF’s PACT Act enforcement efforts over the past year, and this case underscores that trend. All businesses involved in interstate sales of tobacco products should ensure their business practices align with the requirements of the PACT Act. If you have questions regarding the PACT Act, do not hesitate to contact our team. Agustin Rodriguez Michael Jordan

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CALIFORNIA RESTRAINING ORDERS: https://bit.ly/3vtkn1p. When you are the victim of abuse or violence, you need to take action against the person responsible. It is important to know the benefits of a restraining order and exactly how this can help you. First and foremost, this court order will prevent the individual from coming within a certain distance of you. This restraining order will affect the individual in the following ways: - Keep them from contacting you, your children, and others who live with you - Keep them away from your home, your work, and children's school - Force them to move out of your home - Keep away from your pets - Prevent them from making changes to insurance policies If they are forced to move out of your home, then they may not be inclined to support you or your children; because of this, they can also be ordered to pay support, certain bills, and be prevented from incurring large expenses that would affect you. Contact us today for your free consultation. If we can help you, even if it's just to answer a question, please feel free to call our office anytime at (949) 679-4250. We're here for you! #Irvine #OrangeCounty #Lawyer #Attorney #RestrainingOrders

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Are you a victim of a crime in California? 🚨⚖️ You have rights under Marsy's Law that protect and empower you during the criminal prosecution process. At Guadan Law Group, PC, we specialize in representing and advocating for crime victims, ensuring your voice is heard and your rights are upheld. 🗣️💪 Navigating the aftermath of a crime can be incredibly challenging, but you don't have to do it alone. Marsy's Law provides for certain protections, including the possibility of recovering attorney's fees and other monetary compensation directly from the perpetrator. 💼💵 If you're feeling overwhelmed and unsure about your rights or the next steps, contact us at 949-389-7632 for a consultation. We're here to fight for you, ensure justice is served, and potentially help you recover the compensation you deserve. 📞✨ #MarsysLaw #CrimeVictimRights #JusticeForVictims #GuadanLawGroup #VictimsAdvocate #CaliforniaLaw #LegalRepresentation #KnowYourRights #RecoverCompensation #StandUpForYourself #FightBack #LegalSupport #NewportBeachLawyer #SoCalJustice #ProtectYourself #EmpowermentThroughLaw #CallForHelp #LegalAdvice #CriminalJustice #SupportVictims #YourVoiceMatters #BeHeard #Consultation #SeekJustice #RecoverLosses #FightForJustice

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👵👴 Grandparents' Custody Rights in California 👶👧 Did you know grandparents have specific custody rights in California? 🌟 Check out our latest blog post: Grandparents’ Custody Rights in California: https://buff.ly/4df8lct ✅ Legal Rights: When grandparents can seek custody or visitation. ✅ Best Interests of the Child: How courts determine the best interests of the child. ✅ Navigating the Process: Tips for navigating the legal process effectively. Scott Levin is here to help you through these complex matters with compassion and expertise. #FamilyLaw #GrandparentsRights #ChildCustody #ScottLevin #SanDiegoAttorney #Mediation #CustodyRights #GrandparentCustody #FamilySupport #LegalHelp #GrandparentsMatter

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CALIFORNIA LAW OFFERS VARIOUS PROTECTIONS FOR VICTIMS OF SEXUAL ABUSE TO UTILIZE DURING LEGAL PROCEEDINGS Pseudonyms: Victims of sexual abuse, misconduct, or assault are allowed to protect their personal identity by filing a lawsuit using a pseudonym. ​ This allows victims to maintain their privacy and avoid potential negative stigma or retaliation from their abusers or other defendants involved. ​ Consent evidence: In cases of childhood sexual abuse where the perpetrator is an adult in a position of authority over the minor, consent may not be used as a defense. ​ Evidence of "consent" is not permissible, as an adult in a position of authority can exercise undue influence over a minor. ​ Sexual history: In civil actions alleging sexual harassment, sexual assault, or sexual battery, a victim's sexual history with individuals other than the perpetrator is generally not discoverable. ​ This protection is in place to prevent harassment and intrusion into the personal lives of victims. ​ Protective orders: Defense attorneys often use protective orders in childhood sexual abuse cases to limit the disclosure of relevant factual information. ​ However, California law prohibits the entry of an order that restricts the disclosure of relevant factual information in civil actions regarding childhood sexual assault. ​ Attorneys may face disciplinary action for permitting secrecy over factual information related to child abuse. ​ These protections aim to alleviate the concerns of victims and provide them with the necessary support and privacy to pursue legal action against those responsible for the abuse. ​

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In the arena of California family law, CCP Section 128.5 is a code that allows courts to impose sanctions – which means penalties – when a party or attorney acts in an inappropriate manner during the case. This might include making the legal process unnecessarily difficult, lengthy, or costly. Here, we will explore some examples to help you understand when and why these sanctions might be applied. See more: https://lnkd.in/gcCM9CEk #FamilyLaw #LegalSanctions #CCPSection1285 #CaliforniaLaw #CourtPenalties #LegalEthics #FrivolousLawsuits #LegalExpertise #MinesLawFirm #CourtCompliance

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California passes Freelancer Worker Protection Act. What does this mean to freelancers and companies? Attorney Breakdown Governor Gavin Newsom signed SB 988 into law on September 28, taking effect on January 1, 2025. The law covers any "hiring party" based in California and requires: * Written Contracts for any project more than $250 * Timely payment (30 days or less unless outlined differently in the contract) * No retaliation for enforcing any of the rights in the law * No payment ultimatums (can't demand a discount or bonus services for the original payment amount to be paid on time) Freelancers can use the law to enforce their rights and can get: *$1,000 + normal rate if a freelancer asked for a written contract and the hiring party refused to comply * double the unpaid compensation if payment was late *damages equal to the value of the contract or the work performend (whichever is greater) if any other violations of the law. 𝗙𝗼𝗿 𝗙𝗿𝗲𝗲𝗹𝗮𝗻𝗰𝗲𝗿𝘀 (especially creative service providers like editors, VAs, social media managers, copywriters, photographers, videographers, etc): If you are based in CA or get contracted out in CA, make sure you understand your rights and 1) use a solid written contract to outline your services and 2)follow the correct billing procedure, including sending an invoice to the right department for timely payment. If you're not based in CA -- you can add these rights to your existing contract (or if you need a good Client Service Agreement, grab it at the link below) 𝗙𝗼𝗿 𝗖𝗼𝗺𝗽𝗮𝗻𝗶𝗲𝘀: If you are based in CA and hire independent contractors, make sure you 1)update your contracts and can meet the payment timelines 2)train any managers on compliance with this new law and 3)work with your billing department to make sure you can pay within the contract deadline, or at most net/30 days of when the services were completed. #freelancers #freelancertips #compliance #independentcontractors #gigeconomy Follow me news, tips, and tricks to get your brand legally legit!

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New NV Supreme Nevins, M.D. VS. Martyn Oct 17, 2024   After case went two trial, twice, first with a verdict for defendant-set aside for juror misconduct, and the second trial, verdict for Plaintiff $3,000.000, half past and half future pain and suffering. Trial Court reduced award to statutory cap $350,000. Beating Offers of Judgment for $1M and $750K. Attorney fees and xxcc expert witness fees awarded for the OOJ.     Res Ipsa Loquitor Instruction: NRS 41A.100 2015 amendment stating cannot use the instruction when Plaintiff has an expert witness. Statute no retroactive, so no error in giving instruction.   Juror Misconduct: Not juror misconduct as the juror did disclose prior contact with one defendant so there was no intentional concealment, and, even if had not, not show probability verdict would be different as juror said could be fair and impartial.   Verdict Reduction to Cap: No abuse of discretion. Plaintiff alleged that statute at the time did not apply to professional entities. But, held, professional entities covered by cap when based on vicarious liability.    Award of attorney fees warranted under Brunzell and Beatie. [Read opinion for several useful points].   Attorney Fees of 50% not reasonable under NRS 7.095   The district court did not abuse its discretion in applying both NRCP 68(f)(1)(B) and NRS 18.005(5) (2007) with respect to costs

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Exciting legal developments in the cannabis industry! Los Angeles is vigorously defending its social equity cannabis license program against a challenge to its residency requirement. The city's argument, grounded in constitutional and federal law, underscores the complexities of navigating state and federal regulations in this rapidly evolving landscape. As a cannabis lawyer, it's fascinating to witness these legal debates unfold, especially concerning the application of the dormant commerce clause. Looking forward to seeing how this case progresses and its potential impact on cannabis regulation nationwide. #CannabisLaw #LegalUpdates #DormantCommerceClause #ManzuriLaw

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YES, YOU CAN USE SECRET RECORDINGS AS EVIDENCE IN DOMESTIC VIOLENCE RESTRAINING ORDER HEARINGS Many people know that in California recordings made without the other party's knowledge or consent are generally inadmissable in court. Several statutes address the admissibility of surreptitious recordings. Under Penal Code 632(d), such recordings are generally inadmissible, reinforced by Family Code 2022(a). However, Penal Code 633.6(b) provides an exception for recordings made by someone “seeking” a DVRO, if they reasonably believe the recordings may contain evidence relevant to the restraining order. A recent case addresses this issue: In April of 2024 in the case B.R.C v. B.E.C. (2024) ___ Cal. App. 5th ___ (the case is so new I do not have the precise citation) the Court found Husband engaged in verbal abuse towards the wife, witnessed by their children. He called her profane, derogatory names regularly and had thrown things, sometimes at her. The trial court admitted three surreptitious recordings wife made of these incidents. The court found that the husband's behavior disturbed wife's peace, placed her in apprehension of serious bodily injury, and issued a DVRO. The husband appealed. The crux of his argument was that the trial court erred by admitting three recordings into evidence that were surrepticiously recorded. The appellate court held that the exception under PC 632.6(b) for recordings made by someone "seeking" a DVRO does not necessitate filing a request for the order but turns on the individual's intent when making the recording. The crucial question is whether the recordings were made "for the purpose of providing evidence to the court."  Although evidence of intention was sparse in this case, it was sufficient to establish intent. And, there was enough evidence to support the trial court's finding of abuse. Takeaways for Parties to Domestic Violence Restraining Order Matters: at the hearing on the domestic violence restraining order the person seeking the restraining order must give specific, truthful testimony regarding the intention to obtain evidence. The person against whom the domestic violence restraining order is sought will be limited to questioning the credibility of such testimony and whether the petitioner reasonably believed the recordings would provide evidence. A person suffering from domestic violence can use secretly recorded audio or video evidence to prove their case for a domestic violence protective order. While the court did not address it I bet this may cut both ways. If a party feels their partner is "setting them up" for a DVRO, if they have evidence including secret recordings showing the party seeking protection is falsely accusing that party, that evidence if prepared to show the allegations are false would also be admitted. #domesticviolence #restrainingorders #divorcelaw #californialaw

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Important for the future of mediation

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You want document automation, but you don’t have time to set it up? Well, Gavel just launched NO-SETUP automated forms for Estate Planning, Family Law, and Probate attorneys in California! These forms generate customized California Judicial Council Forms for probate and family law, along with CA-attorney-backed estate planning forms 90% faster. Key benefits: • Zero setup required but completely customizable • Ensures accuracy with pre-set logic • Collect data with client intake and reuse client data for future forms Here's how to get access: • Like this post • Comment "forms" • Make sure we're connected (so I can send it to you) P.S. Get 7 days of Gavel Pro free by signing up today. No credit card required. #EstatePlanning #ProbateLaw #FamilyLaw #JudicialCouncil #LegalForms #LegalAutomation

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Our Southern California Mediation Association combined Employment and Ventura/Santa Barbara PDGs invite you to join us on Zoom this Monday 9/16 at 6 pm for Part 3 of our ongoing 6-part series on Building Your Mediation Practice-From "Short List" to Engaged--How to Ace the "Interview" and Vetting Process to Become “The One."   Congrats, you've made it onto the short list for a mediation, now the prospective decision makers want to interview you to see if you're the right fit for the case. Our discussion delves into this topic further to provide you with a road map of how to effectively prepare for and showcase your technical approach to mediation and your interpersonal skills when being interviewed by experienced litigators, general counsel, judges or ADR professionals as part of their vetting process. Included in the conversation will be questions you should anticipate, anecdotal experiences and suggested questions you in turn can pose to determine if the potential mediation opportunity aligns with your practice and philosophy. Together with my esteemed and excellent co-leaders, Anthony Khoury, Jack Schaedel and MyKhanh Shelton, we will spark the discussion as well as open up the floor for you to share your own stories and insights. Please message me for registration info! #mediation #scma Leyla Balakhane, Sidney Kanazawa, Sadie Cort, Craig Lang, Lynette S. Kim, Aurenne Datner, Michael Carroll, Aaron L, Bouvier Eulen, Tiesha Preston  

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Notice to LA based Trial Teams. While you should still do everything you can to get a traditional court reporter whenever possible, the Los Angeles Superior Court announced today the issuance of a general order authorizing LASC judges to order electronic transcription of court proceedings where there is no court-employed court reporter available, and the court makes one or more findings specified in the general order. The electronic reporting procedure is available when requested by the judicial officer presiding over the proceeding and when a court reporter is not available, to operate electronic recording equipment in certain family law, probate and civil proceedings. The order applies only when the Court is unable to provide an official court-employed court reporter due to an ongoing and well-documented court reporter shortage, when a litigant is unable to secure the services of a private sector court reporter at the litigant’s expense, and when the judicial officer makes specific findings that fundamental constitutional rights are at stake. General Order 2024-GEN-011-00 is effective immediately throughout the Superior Court of Los Angeles County in the specified case types.

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Family Law Attorneys: Would you like to streamline the discovery process, calm clients emotions and make your life easier? Then you should take a look at BlissDivorce. I’m pleased to announce that BlissDivorce is now available as a case management and dispute resolution tool for family law attorneys in the State of California. Our online platform makes it easy for your clients to complete the disclosure process, structure a proposed divorce settlement and prepare a parenting plan. We generate the FL-142 disclosure form and can prepare a complete DissoMaster file/report. BlissDivorce takes the tedious tasks out of your hands, allowing you to focus on providing legal advice and guidance. Optionally, you can also use our AI-powered Digital Divorce Mediation™ technology to resolve disputes. It can be an aid to mediation or an opportunity to generate evidence-based proposals for you and opposing counsel to consider. Our technology has a 90%+ success rate in resolving divorce disputes. More information here: https://lnkd.in/gDp2QV4K. Send a LinkedIn message or email me at [email protected] for a personal demonstration.

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