Author: Hoffman & Forde, Attorneys at Law

What You Should Know About Cryptocurrency and Estate Planning

Posted on May 10, 2022 by Hoffman & Forde, Attorneys at Law - Estate Planning

Estate planning has been thrown for a loop when it comes to figuring out the best way to negotiate crypto-assets alongside traditional assets and holdings. While cryptocurrency can be arranged into estate planning, securing digital assets falls outside of a typical will.

For those who are just beginning to enter these murky waters, it’s important to find out how to reconcile crypto-assets in the estate planning process and which pitfalls to avoid.

Understanding the Concerns With Crypto

Like in typical estate planning, digital assets will need to be divided among beneficiaries and distributed by an executor or a trustee. However, the primary stumbling block in the process has become how to locate and transfer the necessary information to access digital accounts. Unlike a will, there is no template for managing cryptocurrency after death, and keeping the digital information private is of utmost importance.

Documenting and Establishing Who Has Access

While there is no unified form to direct crypto allocation in the estate planning process, the options have become more streamlined. The most important aspect is to make sure that any crypto-assets have been clearly documented in the estate plans and that someone, somewhere, will have access to the seed phrases and private keys necessary for access and distribution.

Safekeeping

As it stands, digital-asset custody services are available and equipped to hold seed phrases or private keys necessary to access crypto accounts. Ownership is not easily transferred in self-sovereign assets, and, as such, the custody of the keys for safekeeping relies on specific guidelines for release.

Placing Crypto in a Trust

Placing crypto in a trust can help shield it from estate taxes while keeping access keys safe and secure. For example, suppose clients are unsure that other family members or executor services are proficient enough to access and evaluate the digital assets. In that case, financial advisors can be named as trustees.

Naming Beneficiaries

Naming beneficiaries in a traditional will can be risky unless the signer has explicitly communicated plans. Many beneficiaries with access to parts of the seed phrase can make distribution difficult to negotiate if tensions are high.

Guiding Clients on Wallets

The current guidance is for users to appoint trustees, advisors, or trusted family members to be two out of a three-part multi-signature wallet rather than the self-sovereign option. Then, when the account holder is no longer available, the two other keyholders will be able to access the necessary information with their signatures alone.

We Can Help With Cryptocurrency Estate Planning

Cryptocurrency can be a great addition to your legacy strategy, but you must know to ensure it is passed on. Our experienced cryptocurrency estate planning attorneys can help you navigate through the process. Contact us today for a consultation.

Tips for Negotiating a Commercial Real Estate Lease

Posted on April 27, 2022 by Hoffman & Forde, Attorneys at Law - Commercial Real Estate

Two people shaking hands across a desk | Tips For Negotiating a Commercial Lease

Leasing commercial space is quite different from renting an apartment or house. Commercial renters’ needs vary greatly from one business to the next, so commercial leases tend to be much more customizable. Parties to commercial rental agreements are also assumed to be on equal footing, so the legal protections that apply to residential leases do not always apply in the commercial context. When negotiating a commercial lease, these tips can help you navigate the process.

Get Professional Help

Commercial real estate leases have many moving parts, and you’ll be better off consulting with a real estate attorney throughout the negotiation. First, a lawyer can help you understand the lease and the implications of all of its clauses, so at the very least, you know what you’re getting into. Just as importantly, a lawyer can propose alternatives that you might not know and help you put together a counter-offer that is more advantageous to your business.

Identify Your Business’s Real Estate Needs

It may sound obvious, but knowing in advance what your business requires in a physical location is immensely helpful for finding the right space and negotiating specific components of the lease. Ask yourself, what zoning requirements apply to your business? Do you need parking spaces for customers? Do you have any specialized utility requirements? Negotiating Specific Items in the Lease

Keep some of these key concepts in mind as you evaluate the lease.

Duration – Landlords typically (but not always) favor longer leases and are willing to give you a discount for adding time to the lease. This may work in your favor, for instance, to help you lock down a prime retail location. However, if your business grows quickly, you may be stuck in an inadequate space.
Additional Costs – Does the monthly rent cover everything, or will you be responsible for other costs? These can include common-area maintenance, property taxes, insurance, and more.
Building Improvements – You may want to make changes to the premises to accommodate your business. You should identify what is permitted and who will pay for the work.
Competitor Clause – If you are leasing space in a shopping center, can the landlord rent one of the other spaces to a competitor?
Subleasing – If you want to leave the space before the end of the lease, can you sublease the space to another tenant?
Termination Clause – Under what conditions may you or the landlord terminate the agreement? Can they kick you out for missing just one payment? If you leave early, are you required to pay the remaining time on the lease?

Real Estate Expertise

With the future of your business on the line, the best course of action is to hire an attorney to help you negotiate your commercial lease. Our real estate team has years of experience in this field and is ready to advise you from start to finish. Contact us today to schedule a meeting.

Who Regulates Escrow Laws in California?

Posted on April 11, 2022 by Hoffman & Forde, Attorneys at Law - Residential Real Estate

A home sale or purchase may be the largest financial transaction we will ever make. With all the work it takes to find the right home, negotiate the price, and procure a mortgage (or find a buyer if selling your home), the actual transfer of funds and title seems like a mundane affair. The orderly exchange of property and large amounts of money cannot be taken for granted, however, especially between two parties who barely know each other. Escrow services exist to make this transfer more secure, but who regulates escrow laws in California?

What Is Escrow?

You may have heard of escrow before without giving it much thought, but if you plan to buy or sell a home, you should familiarize yourself with the term. The legal definition of “escrow” is a transaction in which the buyer and seller transfer funds, evidence of title, or other items of value to a third party until the happening of a specified event or performance of a prescribed condition. At this point, the property is transferred to the respective parties as agreed. What does that mean? Let’s take a common example:

A buyer makes an offer on a house, which the seller accepts. Since the title transfer process is not instantaneous or free, the seller requires “earnest money” from the buyer to ensure they are serious. Similarly, the buyer wants to be sure the title transfer is legitimate and does not want to simply hand over a check to the seller. So, they agree to use an escrow service.

The escrow service holds the earnest money and the written instruments needed to transfer the title to the buyer. Once the various requirements have been completed (the title has been verified, the buyer’s mortgage lender has provided the remaining funds, etc.), the escrow service transfers the money to the seller and registers the property title in the buyer’s name. The transaction is finished, and both parties walk away.

Escrow works as a specialized form of trust in which the escrow agent acts as a trustee of the parties’ property for the duration of a complex transaction.

Licensing of Escrow Agents

Because of their critical role in real estate transactions and because they routinely hold large amounts of other people’s money, escrow agents must usually be licensed by the state. In California, the Department of Financial Protection and Innovation (DFPI) handles the licensing and regulation of escrow agents. While the applications for an escrow license are complex and involve extensive documentation, here are some of the main requirements:

Only a corporation may receive an escrow license, not an individual
At the main office, there must be at least one person with a minimum of five years of escrow experience and at each branch office, a person with at least four years of escrow experience
The corporation must deposit a surety bond with the state of up to $50,000, depending on its financial obligations
It must maintain a tangible net worth of at least $50,000, including at least $25,000 in liquid assets

While “independent” escrow agents must be licensed in this way, there are numerous other persons and institutions who may perform escrow services without a license. The reasoning is that so-called “non-independent” escrow agents are already regulated in other ways. The four categories of non-independent escrow agents are:

Banks, trust companies, building and loan or savings and loan associations, credit unions, or insurance companies doing business under California or federal law
A licensed attorney who has a bona fide client relationship with one of the principal parties and who is not engaged in the business of an escrow agent
Any person whose principal business is preparing abstracts or making searches of titles that are used as a basis for the issuance of a title insurance policy
Any broker licensed by the Real Estate Commissioner working as an agent or party to the transaction and performing work that requires a real estate license

Real Estate Law Experts

If you are buying or selling real estate and plan to use an escrow service (which is recommended), be sure to use only a qualified escrow agent, such as a licensed attorney. Our escrow lawyers have years of experience facilitating real estate transactions, helping to resolve disputes, and making sure the process goes as smoothly as possible. Contact us today to schedule a consultation.

What To Know About Estate Planning: It’s Not Just for the Wealthy

Posted on March 24, 2022 by Hoffman & Forde, Attorneys at Law - Estate Planning

Professional estate planning is a clear necessity for those with millions of dollars in assets. It reduces the tax burden on their estate, minimizes conflict and confusion among heirs, and helps ensure that the estate is distributed according to their wishes.

But what about the rest of us? Most people don’t have estates worth millions, so they naturally have doubts that they need to worry too much about what happens to their property after they die. However, it’s important to understand that estate planning is not just for the wealthy; it can provide the same benefits for people with more modestly sized estates and is generally worth the investment.

The best way to understand how estate planning can work for you is to run a “fire drill.” This means playing out what would happen if you were to die right now. While it may seem a bit morbid, it helps people understand that they do have assets (often more than they realized) and that if they don’t make decisions about what happens to those assets after they die, then someone else will.

A proper estate planning fire drill requires the assistance of a professional, as most people are not familiar enough with things like probate and estate taxes to simulate the legal consequences. However, we can still run through a few common considerations.

Minor Children

If you have children under the age of 18, it’s important to consider what will happen to them if both parents die. Unfortunately, this can happen, and when it does happen, it is usually unexpected. In that case, someone must be appointed as the child’s legal guardian until they reach adulthood. If you don’t make that decision yourself, a court will have to make it for you. Given the obvious importance of this issue, it’s best that you make your wishes clear and discuss them with the person or persons you want to take on that responsibility.

It’s also good to create a trust that will care for your estate until your children are old enough to do so themselves. This helps ensure that the children are cared for and gives you some control over the terms of the trust. For example, you can decide who will be the trustee and what age the children should reach before taking full control of the property.

Spouses & Partners

If a married person dies without a will, their property generally goes to the surviving spouse through the laws of intestacy. While this usually makes sense, there are a few issues to keep in mind.

First, if there is property you want to go to someone else—a child or a friend, for example—then you will need to make that clear in writing.
Second, even if all the property ultimately goes to the surviving spouse, a lack of estate planning can create unnecessary headaches. For example, a common issue is when property such as a house is only in one person’s name; the surviving spouse may get the house eventually, but the process will be more complicated and expensive.

Unmarried couples have significantly greater estate planning needs precisely because of the laws of intestacy mentioned above. Courts will usually not recognize the legal significance of these relationships, leaving the surviving partner with little recourse and potentially in conflict with other family members.

Specific Circumstances of Family Members

You may be well acquainted with the lives of the people who could inherit your estate—their economic circumstances, personal abilities, etc.—but courts are not. Without a will, the probate judge will distribute your estate according to the laws of intestacy, which do not consider those people’s specific circumstances. For example, maybe one of your children helped you build your house, and you want them to have it after you die. Unless this wish is recorded in a will, all the siblings could jointly inherit the house.

Create the Right Estate Plan

These and most other issues can usually be resolved without much effort if you take the time to sit down with an estate planning attorney. They could help you figure out what would happen to your estate if you were to die today and then improve on those results. With just a little investment, you can make things much easier for those that survive you and see that your wishes are respected.

Contact our office today to schedule a consultation and get the process started.

5 Critical Mistakes People Make With Personal Injury Claims

Posted on March 10, 2022 by Hoffman & Forde, Attorneys at Law - Civil Litigation

Bad things happen to everyone. We’re involved in car accidents, get hurt at work, or are injured in some other way—often through no fault of our own—and then we’re left wondering how to pick up the pieces. A personal injury claim is something that many people end up filing in such instances.

If you’ve been injured and think you may have a claim against someone else, it’s important to understand that how you handle things (from the point of injury onwards) can have huge consequences for your case.

Here are five of the most common mistakes people make concerning personal injury claims.

1. Not Hiring an Attorney for a Personal Injury Claim

You may read this and think, “Of course, an attorney will say that,” but this is absolutely the most common and critical mistake. People who are injured and have a potential legal claim are unlikely to understand the real value or the full extent of that claim. They are also much more likely to make a huge mistake that can undercut their case.

Think of it from the defendant’s side. Insurance companies and other business entities will definitely have lawyers on their side. The standard playbook for those lawyers is to get a potential plaintiff to settle the case for little or no money before talking to an attorney.

If the defendant can’t settle the case, the next best thing is to convince the plaintiff to delay hiring an attorney as long as possible in hopes that they will trip themselves up and spoil their own case. They do this because it is in their best interest, and their interests are directly opposed to yours.

Most plaintiff’s attorneys who handle personal injury cases do so on a contingency basis. This means the client does not pay any upfront fees, and the attorney instead receives a percentage of any compensation the client collects. There is no downside to consulting with an attorney in this scenario, so don’t delay.

2. Failure to Document Evidence

A personal injury claim only has value if it can be proven, so it’s important to collect and retain evidence. The more objective the evidence, the more helpful it is (as opposed to relying solely on your own testimony).

For example, if you are in a traffic accident, call the police. They will investigate the scene and create a report. If there are witnesses, talk to them and get their contact information. Take photos of everything and if other people take photos, ask for copies. Anything that documents the event and its consequences has the potential to be helpful.

3. Making Unnecessary Statements

As a general rule, starting from the moment of the injury, it is best to make as few statements about the incident as possible. This includes statements to family, friends, and especially to potential defendants. Don’t post anything on social media. Everything you say can be used as evidence, and defendants will be searching intently for anything that weakens your case. One common issue is that some people are naturally very polite, and they end up apologizing for something that isn’t even their fault—that apology can be used as evidence of their guilt.

This rule goes hand in hand with having an attorney. If anyone wants to talk about the incident, you can (and should) simply refer them to your attorney and politely end the conversation.

4. Not Documenting the Full Extent of Your Injuries

If you don’t document your injuries, it will be more difficult to receive compensation for them later. Some people are accustomed to suffering in silence; they receive treatment for broken bones after an accident but never mention that they’ve started to have migraines or nightmares every day. If you tell a healthcare provider about any issues you are having as they arise, other people are more likely to believe they are real.

5. Settling Too Quickly

It’s natural to want to settle a case quickly. Lawsuits can take a long time to resolve, and people often just want to move on with their lives. They may also really need the money that is being offered just to pay for basic necessities or medical care. Defense attorneys know this, and they will try to take advantage of it. They will drag out the case and offer $100,000 to settle a claim that is worth a million dollars or more.

If it is at all possible, avoid falling into this trap. Holding on a little longer is usually worth the trouble.

Speak to a Personal Injury Claim Attorney

If you’ve suffered an injury and think you might have a legal claim, don’t make one of these mistakes. Contact our office to speak to an experienced personal injury claim attorney as soon as possible.

Unpaid Wages in California: What Are The Most Common Claims?

Posted on February 25, 2022 by Hoffman & Forde, Attorneys at Law - Civil Litigation

Unpaid Wages in California: The Most Common Claims

California has some of the most progressive labor laws in the United States and one of the highest minimum wages. Despite this, or perhaps partly because of it, some employers will still underpay their employees or deny them their rights under the law. Workers may suspect they have a claim against their bosses but still hold off on any legal action because they don’t have all the information they need or don’t know how to go about collecting what’s owed to them. Here’s what you need to know about unpaid wages in California.

Common Unpaid Wage Claims

An unpaid wage claim arises when an employer violates an employee’s statutory or contractual rights, resulting in the employee being paid less than they are owed. Here are some of the most common unpaid wage claims in California.

Minimum Wage

The current minimum wage in California is $15/hour or $14/hour for employers with 25 or fewer employees. If you are being paid less than that rate, you may be entitled to the difference in pay. Remember that some local minimum wages are actually higher than the state’s requirements. In San Francisco, for example, the current minimum wage is $16.32/hour.

Overtime Compensation

Most workers are entitled to overtime compensation if they work more than eight hours a day, 40 hours a week, or six days per week. Work that exceeds those limits should be compensated at 150% of the regular rate. In some cases, such as for work that exceeds 12 hours in a day, workers must be compensated at 200% of their regular rate.

Off-the-Clock Work

Employers may pressure or force employees to work before or after they’ve clocked in as a way to reduce expenses. This is often connected to overtime compensation, as employers seek to avoid going over the limits stated above.

Meal Breaks

Employees who work at least 5 hours a day are entitled to a meal break of at least 30 minutes. If the workday exceeds 10 hours, they are generally entitled to a second break.

Exempt/Contractor Classification – Some types of employees, such as white-collar workers, are exempt from many of these requirements, as are independent contractors. There may still be an unpaid wage claim, however, if the worker was improperly considered exempt or treated as a contractor.

Though these are the most common claims, this is by no means an exhaustive list. You may be owed unpaid wages if you were not paid for vacation days, reimbursed for business expenses, and more. If you suspect you are owed unpaid wages, you should contact an attorney.

Pursuing an Unpaid Wage Claim

One of the first priorities in successfully pursuing an unpaid wage claim is to ensure the case is filed before the statute of limitations expires. The statute of limitations is the maximum time allowed between when a violation occurs and when a claim can be filed. If the statute of limitation expires, you cannot collect on your claim.

The statute of limitations in unpaid wage cases depends on the type of claim involved. In most cases, such as claims arising from minimum wage, overtime, and meal break violations, the statute of limitations is three years. If the behavior is part of a regular pattern of underpayment, the statute of limitation usually starts running at the most recent violation. However, it’s very important to know that the statute of limitations may be shorter in some cases. For example, the statute of limitations for claims involving a bounced paycheck is just one year.

Because of this time limit, it’s crucial not to wait. If the statute of limitations is close to expiring, some employers may try to delay you through bad-faith negotiations. If the time limit passes, they win.

If you are still working for the employer against whom you have a claim, it’s understandable to be worried about retaliation. State law prohibits employers from retaliating against workers who file an unpaid wage claim against them. Such retaliation can take many forms, from firing the employee to reducing their hours. If your employer does something like this, you may have another legal claim against them.

Get Help with Your Unpaid Wage Claim

If you are considering pursuing an unpaid wage claim, it is highly advisable to do so with the help of an attorney. Your employer will almost certainly have a legal team, and they may try to intimidate you and make a lowball offer. Our experienced labor attorneys can evaluate your case, identify your potential claims, and help you get fair compensation. Contact us today to get started.

New California Laws Now in Effect for 2022

Posted on February 8, 2022 by Hoffman & Forde, Attorneys at Law - News

The California State Legislature was busy last year, passing dozens of new laws, which were in turn signed by Governor Gavin Newsom and are now in effect. Here are just a few of the new laws in California for 2022 that may impact your life or business.

Housing

With the state continuing to face a chronic housing shortage, the legislature passed several laws seeking to alleviate the crisis.

SB 8

SB 8 extends the Housing Crisis Act to 2030 and makes a few adjustments to that law. It is meant, among other things, to speed up approval of housing developments and prevent local authorities from passing laws after an application has been submitted that would prevent the development from going forward.

SB 9

This act aims to simplify the process of subdividing a lot or creating or splitting a home into a duplex. If the proposed development meets certain requirements (including a minimum of 800 sq. feet per dwelling), local agencies must approve the project with minimal review and are restricted in their power to discourage such developments through zoning regulations.

SB 10

This law makes it easier for local governments to voluntarily upzone districts for increased housing density.

Workers’ Rights

These new laws are meant to improve pay and working conditions for California’s workers.

SB 62

California has a large garment production industry; SB 62 prohibits the practice of piece-rate compensation to garment workers. Instead of being paid per unit of work completed, these workers must now be paid an hourly wage. Employers who violate this law face fines, which are then paid to the workers themselves.

AB 1003

Employers who intentionally steal wages in large amounts (at least $950 from one employee or $2350 from two or more in a 12-month period) can be criminally charged with grand theft. Those convicted could face up to 3 years in jail.

SB 639

Existing law allows employers to obtain a special license to hire employees with mental or physical disabilities and pay them less than minimum wage. The new law phases out this program by 2025.

Voting

Among the bills passed were several election and campaign reform laws. Here are a few of them:

AB 37

Lawmakers previously implemented a temporary requirement that election ballots be mailed to every registered voter, which can then be returned by mail. AB 37 makes this a permanent requirement.

SB 35

Current law prohibits electioneering within 100 feet of a polling place. This law extends that protected area to anyone waiting in line to cast a vote. It also prohibits people from blocking access to the polling place and placing fake ballot collection boxes.

AB 686

Limited liability companies engaged in political activities must disclose information about their members and contributors.

Environmental Protection

The environment is always high on the legislature’s list of priorities. As a result, they passed several laws in this area in 2021, including the following:

SB 1

With regard to development within California’s coastal zone, the California Coastal Commission must adopt guidelines and recommendations for the assessment and mitigation of sea-level rise.

AB 652 & 1200

This law prohibits the use of polyfluoroalkyl substances (PFAS) in products for children as well as disposable food packaging.

SB 343

Among other things, SB 343 prohibits deceptive markings or claims regarding the recyclability of products and packaging.

Navigate an Evolving Legal Landscape

Laws and regulations are always changing, especially in California. Some of these changes can have significant consequences for your finances, your business, and more. Hiring an attorney who stays on top of these developments helps you stay ahead of the curve and take full advantage of new opportunities. Contact our team today for a consultation.

I Have Cryptocurrency: How Do I Include It in My Estate Planning?

Posted on January 27, 2022 by Hoffman & Forde, Attorneys at Law - Estate Planning

Billions of dollars are being poured into cryptocurrency every year, an economic development that may have far-reaching implications. Many believe it is the dawn of a new era of decentralized finance, a world without banks or middlemen. Whether that’s true remains to be seen, but one of the more practical concerns for cryptocurrency is how to ensure it is transferred to the right person after you die, i.e., how to make it part of your estate planning.

The very aspects of cryptocurrency that attract many of its proponents—anonymity and decentralization—create unique concerns that must be specifically addressed in an estate plan.

Make Sure Someone Knows About It!

The biggest problem with cryptocurrency and estate planning is that very often, no one else is aware of its existence. There are no bank statements or W-2s; in some ways, the money invested in cryptocurrency has dropped off the grid, and it can easily be lost there if no one knows to go looking for it.

Therefore, the first step to including cryptocurrency in your estate plan is to list it as an asset. You can leave it to your beneficiaries in a traditional will, though some believe this is less secure because the will becomes public when it goes to probate.

Another popular option is to transfer your cryptocurrency to a living trust. A will helps ensure the cryptocurrency doesn’t get lost and has the added benefits of being more private and bypassing probate.

Passing Along Your Credentials

Cryptocurrency funds are essentially anonymous, accessible to anyone who has the private key or seed phrase needed to log in to the account or digital wallet. Because there is no centralized institution holding the investment, there is no safeguard or backup plan to retrieve funds if the password is lost. In a well-publicized case, one Bitcoin owner misplaced the password to his digital wallet containing hundreds of millions of dollars worth of cryptocurrency, losing access to that fortune forever.

Transferring your key or seed phrase as part of your estate is an essential part of passing along your cryptocurrency assets, but the vulnerability to theft also makes this a little tricky. Here are a few options for keeping track of these passwords and making sure they are available after your death.

Share Your Passwords with Someone You Trust – This is the simplest solution, assuming you can trust someone with access to your funds. You may also share parts of the password with multiple people to keep one person from having access.

Safe Deposit Box – An old-school approach to a 21st-century problem. Simply create a hard copy of the passwords and store them in a safe deposit box which can be accessed in the event of your death. Some may choose to divide the password into two or more pieces and store them in multiple locations.

A Dead-Man’s Switch App – Cryptocurrency owners can configure a system where they are required to log in regularly to confirm they are still alive. If they fail to do so, a predetermined process will transfer ownership to someone else.

Create a Living Trust – If you put your cryptocurrency into a trust, not only does it simplify probate as mentioned above, a trustee can access and disburse funds according to the terms of the trust.

Get Help From an Attorney

Cryptocurrency can form a significant part of the legacy you leave behind, but you must take proactive steps to ensure it is passed on. Our experienced estate planning attorneys can help you find a secure solution that meets your needs. Contact us today for a consultation.

Silenced No More Act: New California law addresses workplace harassment and discrimination

Posted on January 12, 2022 by Hoffman & Forde, Attorneys at Law - News

A new California law places additional limits on nondisclosure agreements (NDAs) and nondisparagement agreements that restrict employees’ ability to speak publicly about unlawful behavior in the workplace. Signed into law last October as SB 331, the Silenced No More Act went into effect on January 1, 2022, and expands on existing protections.

Background

As workplace harassment and discrimination have received more attention in recent years, the widespread use of contractual agreements to prevent current and former workers from speaking out has also come under increased scrutiny. The agreements are often criticized for allowing companies to avoid negative attention and thus continue fostering unhealthy and unsafe work environments.

Two California laws passed in 2018 sought to combat such secrecy clauses:

SB 820

The STAND Act (SB 820) outlawed the use of NDAs in settlement agreements that prohibit parties from speaking about the factual basis of claims related to workplace sexual harassment and discrimination based on sex.

Legislators noted that many of Harvey Weinstein’s victims were bound by such NDAs, allowing his behavior to continue in secret.

SB 1300

Another 2018 law (SB 1300) made it unlawful for employers to force employees to sign a nondisparagement agreement that prohibited them from speaking publicly about discrimination and harassment in their workplace.

The law was aimed at current employees, who could no longer be made to sign this kind of agreement in order to receive a raise or bonus, or as a condition of employment or continued employment.

The Silenced No More Act

The Silenced No More Act keeps the same basic framework of SB 820 and SB 1300 but provides additional protections for current and former employees.

SB 820 only limited NDAs in settlement agreements where the claims were related to sex discrimination and sexual harassment. If an employee faced discrimination based on race, for example, companies were still allowed to enforce an NDA as part of a settlement.

The new law expands this protection to all forms of harassment and discrimination prohibited by the California Fair Employment and Housing Act. The protected classes defined in that law are race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, familial status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.

While SB 1300 placed restrictions on the use of nondisparagement agreements for current employees, the Silenced No More Act extends this rule to severance agreements as well.

There is an exception, however, when the severance agreement is “negotiated,” meaning it was part of a claim brought in an outside setting such as a court and the claimant had the opportunity to be represented by an attorney.

The Silenced No More Act is not retroactive; it applies to agreements entered into on or after January 1, 2022.

What Does the New Law Mean for You?

Whether you are an employee or a business owner, the Silenced No More Act will have a significant effect on how workplace disputes are resolved. To determine how it could affect your case or business, contact us today for a consultation.

Estate Planning For Unmarried Couples: What’s Different?

Posted on December 21, 2021 by Hoffman & Forde, Attorneys at Law - Estate Planning

How is estate planning for unmarried couples different than if you’re married or even single? Here’s a look:

Estate Planning For Unmarried Couples vs. Married Couples

The significant difference is that marriage creates many legally recognized assumptions. For example, two assumptions are that your spouse will inherit your estate when you die and also make decisions on your behalf if you’re incapacitated. These assumptions essentially become the default estate plan without an explicit estate plan.

However, the situation is different when someone is unmarried and without children. The law will still try to make assumptions about what to do with the estate. But the results can become increasingly disconnected from the person’s actual wishes. That’s due to the laws of intestacy—state laws that determine what happens to a person’s assets if they die without a will.

The probate court goes through a set order of succession to find a relative who should inherit your estate. Your estate will go to the state if no such person can be found. The process in this situation can be quite complicated. Your assets, for example, could easily end up going to a distant cousin you never met, which may not be what you want.

This result can be especially unfortunate when the person who dies or is incapacitated is unmarried but does have a long-term partner. Even if the relationship is like a marriage in everything but name, the law may not recognize it. As a result, the partner can be left out as an estate is divided up or major medical decisions are being made.

How To Do Estate Planning When You’re An Unmarried Couple

When it comes to estate planning for unmarried couples, you have to be much more deliberate to overcome any legal assumptions that run counter to your wishes. The overall estate-planning process remains the same:

Take stock of your assets
Decide who you want to benefit from your estate
Meet with an attorney to create a plan
Review the plan from time to time

If you have someone in mind that you want to inherit all or part of your estate, whether a partner, friend, or relative, it’s essential to put this in writing in a properly drafted legal document. Or perhaps you want to establish a legacy of charitable giving. There are several ways to accomplish this, including establishing a revocable or irrevocable trust. Meeting with an attorney will help you do this in a way that passes legal scrutiny and minimizes tax exposure.

Unmarried couples should also strongly consider creating an advance medical directive and designating someone who has power of attorney to make decisions on their behalf if they become incapacitated. You should review these documents regularly to ensure they still match your wishes.

Meet with an Estate-Planning Attorney

When you’re ready to create an estate plan, our team of expert attorneys can help you put it into action. Schedule a consultation today to get started.