Southern California Full-Service Law Firm

California employers need legal protection more than ever before

On behalf of Bergman Dacey Goldsmith posted in employment defense for employers on Thursday, October 10, 2019.

Operating a business with employees in the modern world has become quite a complicated endeavor for California employers. Along with ensuring that their business remains successful, employers must also learn to manage any legal complaints leveraged by their workers. Examples of common complaints include the following.

Harassment and discrimination in the workplace
Wrongful termination
California wage and hour violations
Lack of religious freedom while working
Workplace retaliation

Even if a single worker files a complaint against you, it is critical to seek help building a strong employment defense for employers. The steps you take in the wake of a complaint can make all the difference in how your business succeeds going forward.

How smart businesses protect themselves against harassment claims

On behalf of Bergman Dacey Goldsmith on Monday, October 7, 2019.

Many successful businesses have to worry about the potential for a lawsuit by a current or former employee damaging both their profit margin and their reputation within the community in which they operate.

Harassment and discrimination lawsuits could do a lot of damage to your business, which is why any company that has any number of employees should have proactive policies in place to prevent an instance of discrimination or harassment from occurring at the business. They usually also have plans in place in case someone does experience harassment while at work.

Questions employers may have regarding workers' rights

On behalf of Bergman Dacey Goldsmith posted in eminent domain on Monday, September 23, 2019.

It is important for employers to be well aware of all of the rights that their employees hold at every stage in their business relationship. This starts during that initial interview and runs all the way until an employee retires, potentially covering decades of the person's life. Employers need to understand their legal obligations and what actions they can and cannot take in their position of authority in this relationship.

Good contracts are vital to successful business transactions

On behalf of Bergman Dacey Goldsmith posted in business transactional work on Monday, September 23, 2019.

Whether you are just starting your business or have operated for some time, chances are you have entered into agreements with one or more parties. Some business owners adopt a "cookie-cutter" approach to business transactional work involving contracts. For example, they draw up a single contract template for all business agreements.

Let's look at a couple of hypothetical scenarios. In the first one, you adopt the cookie-cutter contract approach and it serves you and your business well. In another scenario, you adopt the same approach to business transactions. However, one of the entities with whom you have contracted fails to honor their portion of the agreement.

Why your professional reputation is important

On behalf of Bergman Dacey Goldsmith posted in business litigation on Thursday, September 19, 2019.

Your company's reputation is important. It may matter far more than you realize. Any threat to that reputation is a threat to the company itself.

In fact, some experts have gone so far as to call reputation a form of currency. You think long and hard about how you invest your money in employees, products, ad campaigns, research and development, and much more. Make sure you also think about how much time and effort you put into your reputation. Those returns must be just as positive as the others for you to see sustained success.

Construction law and defects: Legal help for contractors

On behalf of Bergman Dacey Goldsmith posted in construction law & defects on Wednesday, September 11, 2019.

Defects that arise during and after construction result in many problems for all involved parties. When people hear about a construction defect, they often feel bad for the property owner, but general contractors also suffer when problems like this occur. Further, these contractors may find it more difficult to remedy the situation than property owners do.

We understand how easy it is for property owners to lay the blame for construction defects on the shoulders of the primary contractor, but it is not always their fault. Construction projects are quite complex and usually require more than one contractor to complete. In situations involving a general contractor and one or more subcontractors or designers, assigning liability may be a challenge.

Court Decisions Limit Public Entity Liability for Inverse Condemnation and Dangerous Conditions of Public Property

On behalf of Bergman Dacey Goldsmith on Monday, August 26, 2019.

In two recent cases, courts considered the actions of private parties in determining that public entities were not liable for inverse condemnation or dangerous conditions of public property. In City of Oroville v. Superior Court, 2019 Cal. LEXIS 5950, the court clarified that inverse condemnation is not "strict liability." "Instead, a court reviewing an inverse condemnation claim arising from sewage overflow must consider whether the damages to private property were the direct and necessary effect of the inherent risks posed by the public improvement as deliberately designed, constructed, or maintained. And in a case like this, a reviewing court must also assess whether the damages were the result of a risk created not by the public improvement, but by the acts of the private property owner. A causal connection between the public improvement and the property damage alone is insufficient to sustain a finding of inverse condemnation liability." Id. at 28 [fn omitted, emphasis added].

Shareholder Brian Bergman Named Co-Chair of BHBA LITIGATION Section

On behalf of Bergman Dacey Goldsmith on Thursday, August 22, 2019.

Managing shareholder Brian Bergman has been named the Co-Chair of the Litigation Section of the Beverly Hills Bar Association. The Beverly Hills Bar Association is nationally recognized as a leading bar association, and as an active, activist group. The BHBA develops leadership qualities within our membership, and in our willingness to take action to uphold and enhance the law - in our own communities, and beyond. The Litigation Section provides litigators the resources needed to become successful advocates and offers opportunities for business development, networking, and superior educational programs to advance the litigation practice.

WHAT IS A WRIT PETITION AND HOW TO GET ONE GRANTED

On behalf of Bergman Dacey Goldsmith on Wednesday, August 14, 2019.

Managing shareholder, Brian Bergman, is the Programs Chair for the Beverly Hills Bar Association Litigation Section and hosted a recent presentation at the BHBA. The program "WHAT IS A WRIT PETITION AND HOW TO GET ONE GRANTED" was held on Wednesday August 14, 2019.

A closer look at the condemnation process

On behalf of Bergman Dacey Goldsmith posted in eminent domain on Wednesday, August 14, 2019.

Without eminent domain, the United States would not look as it does today. No highway system would connect us across the country, and our national parks might be smaller. Our cities would certainly not look the same.

However, as essential as the use of eminent domain can be, the laws regulating it are often both complex and controversial. It is important for California entities exercising eminent domain to understand the condemnation process, so they can avoid such controversy.