"Everything" is Recorded . . . . With smartphones in everyone's pockets, secretly recording conversations has become almost second nature for some. These recordings might seem like the ultimate evidence in legal battles, but beware: they're usually inadmissible in court and often illegal to obtain. So, what happens when your "smoking gun" is an illegal
How Do Lawyers Think About and Read Smart Contracts? Smart contracts on blockchains like Ethereum are essentially computer programs written in specialized programming languages like Solidity. Smart contracts serve two main functions - acting as an "account" to hold, receive and send cryptocurrencies/tokens, as well as code that automatically executes one or more actions when
What is the EU CBAM? Over the past few months, a number of my US clients that export to countries in the European Union (EU) have sought my help in getting clarity regarding the new EU Carbon Border Adjustment Mechanism (CBAM). This surge in client inquiries stems from their EU-based customers requiring that these American
How to Tokenize Real Estate Tokenization of assets is one of the most common discussion topics in my blockchain/web3 practice. Both tangible and intangible and intangible assets can be tokenized. I have discovered that many first-time founders get lost in the cool functionality of their product and rarely step back to determine what the marketplace
Lawyers Are Becoming Less Civil In the world of litigation, the rise of what I've come to call the "paper tiger" has become increasingly prevalent. California Rule of Court 9.7 requires all attorneys to conduct themselves with dignity, courtesy, and integrity, and most states have similar ethical standards in place. The American Bar Association's Model
On May 16, 2024, at 12 pm (PST), we are holding a webinar for the new healthcare compliance guidance issued by the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services. This is the first update to the OIG compliance guidance that was originally issued in 1998 for hospitals only.
One of the best litigation attorneys I ever worked with started out as a carnival worker. His road from carnival tent to courtroom was certainly unusual, but the traits that made him successful in both have more in common than you might think. In today’s legal environment where juries are trial savvy from watching high
Series LLCs Series LLCs are a relatively new type of entity that more and more states are embracing. Still, many experienced businesspeople are unfamiliar with series LLCs. Below, I break down the concept of a series LLC, their benefits, and some potential issues. What Is a Series LLC? To understand what a series LLC is,
Over the last few years, airdrops have become much more common in the crypto space. Airdrops are often used to market or promote a crypto startup or platform. But like with so many other things in the space, their legal status remains murky. In this post, I do a deep dive on the legality of
As most litigators would tell a client, choosing the right expert in litigation can be the difference between winning and losing. I have litigated many cases and I have seen first-hand how picking the right or wrong expert can have an incredible impact on the outcome of the case. Litigators often say that a case
