Electronically Stored Information: e-discovery and HLG

Electronically stored information (“ESI”) is information that is stored in technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. Electronic Discovery, also known as e-discovery, is the use of legal means to obtain ESI in the course of litigation for evidentiary purposes. My relationships with California ESI/E-discovery gurus, Jim Hennenhoefer and Gordon Cruse,…

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The “Ticking Timebomb” of International Surrogacy

The International Academy of Matrimonial Lawyers, of which I am a Fellow, is a worldwide organization of 700 practicing lawyers who are selected by our peers and focused on international family law matters. It was formed in 1986 to improve the practice of law and administration of justice in the area of divorce and family…

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A Misguided Attempt to Remedy “Mediation Fraud”

The Bar Association of San Francisco to the Conference of California Bar Associations has proposed a controversial change to the Mediation Confidentiality rule, Evidence Code section 1120. For family law actions only, it would create an exception to mediation confidentiality for communications in mediation between spouses or registered domestic partners that constitute a fraudulent breach…

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Marriage of Winternitz Reminds that Experts Require Handling and Oversight

The California Court of Appeal recently published Marriage of Winternitz. The holding was that a court-appointed expert custody evaluator’s (1) failure to adhere to all the requirements of the California Rules of Court and (2) admission that he made significant errors does not require a trial court to automatically remove him or to exclude his…

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