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Our Oakland business attorney works with Northern California companies facing a myriad of legal disputes. Business fraud and employee malfeasance are old problems but wrongdoers are constantly finding new twists. Now more than ever, businesses need a trusted and experienced Oakland small business law firm on their side.

The Oakland Tribune reported this week on a lawsuit involving SunPower, the leading solar panel maker in the Silicon Valley. In the suit, SunPower accuses five former employees of stealing highly sensitive business information, such as computer files and sales documents, and taking those files to business rival SolarCity. The suit is pending in federal court and alleges criminal charges pursuant to the Computer Fraud and Abuse Act.

According to reports, the central defendant is Tom Leyden, the former managing director of SunPower’s East Coast operations. Leyden left his former employer in August and joined the growing start-up, SolarCity, as vice president of commercial sales in September. SunPower alleges that Leyden used flash drives to download thousands of business files and also accessed customer data reflecting more than $100 million in sales. Leyden also recruited Matt Giamini, Dan Leary, Felix Aguayo and Alice Cathcart to join him in leaving SunPower for SolarCity and the allegations further suggest that those ex-employees also copied company documents to personal devices prior to their departure. The lawsuit alleges that SolarCity knowingly accepted these fraudulently obtained files.

Along with much of the country, our San Francisco personal injury attorney was shocked by last year’s beating of a Giants fan. There is no excuse for such violence. However, as an experienced San Francisco victim’s law firm, we know that the law can provide vital compensation as the victim travels the long path to recovery.

Bryan Stow was brutally beaten in the parking lot of Dodger Stadium on March 31, 201, opening day for last year’s baseball season. Marvin Norwood and Louis Sanchez have pled guilty and are awaiting trial following their arrest for the assault. Stowe has also filed legal claims against the Dodgers alleging that the team’s poor security and general negligence, including the alleged sale of half-priced beer (a disputed claim), contributed to the attack. The ball club is currently in federal bankruptcy proceedings and recent filings suggest the team has debts totaling $573 million. Stow’s claims have been brought in the Delaware proceedings as is required by bankruptcy law. Both The Los Angeles Times and The Oakland Tribune report that the Dodger organization filed a forty-four page motion last week asking the court to reject Stow’s claims, asserting that he cannot prove a connection between the claimed failures and the assault.

We do not have enough information to comment on the viability of Stowe’s claims. However, this lawsuit raises several important issues that apply generally to compensation the personal injury arena. First, and often foremost, a verdict is only as good as the plaintiff’s ability to pay. Stowe’s injuries were severe and will have long-term impacts and his lawyers have estimated the costs related to the beating to be $50 million. Despite the bankruptcy, the Dodgers are much more likely to carry insurance that could pay a verdict than the assailants. In vehicle-related injuries, individual plaintiffs typically have applicable insurance but that is not always the case in other situations. It is important for victims to have a skilled, experienced Northern California personal injury lawyer who can help ensure all avenues for recovery are fully explored and all relevant defendants included in a lawsuit.

It seems sometimes like bullying has reached epidemic proportions. As an Oakland bullying victim’s law firm, the Brod Law Firm applauds the efforts to bring attention to this problem. Our Northern California school injury lawyer also favors efforts by local school authorities to crack down on the problem and ensure the safety of our young residents.

The Oakland Times reported last week on efforts by Berkley schools to enact anti-bullying policies. The move comes in response to seven gun-related incidents at Berkley High School last year, one of which involved shots being fired in a school lavatory. In the new policy, bullying is defined as “systematic and chronically inflicting physical hurt or psychological distress” aimed at either students or teachers. Whether online, telephonically, or in person, the policy requires reporting of bullying incidents as well as investigation by school principals but leaves punishment details up to the school’s discretion based on the age of the offender and the severity of the incident. District officials acknowledged that schools owe an obligation to ensure bullying is taken seriously, noting the investigation should include separate interviews for witnesses, victims, and alleged perpetrators. Individual schools will be required to submit an annual report detailing bullying incidents and the school response.

Some statistics suggest that one in seven students were either bullied or involved in bullying during 2010. Other studies put the number even higher and, in the same year, well over half of students reported being witness to at least one bullying event. Bullying fears are a frequent cause of missed school days with BullyingStatistics.org suggesting fifteen percent of absences in 2010 were related to fear of victimization. Bullying can lead to both mental and physical anguish and is a factor in many cases of youth suicide. Parents should be alert to signs that their child is suffering at the hands of a school bully, especially in the middle school years when bullying appears to peak. A victim may show low self-esteem, may isolate themselves from others, and may display increased anger and frustration. Bullying may result in physical harm or may be primarily mental/emotional in nature.

Like others around the world, our San Francisco personal injury law firm team has been watching as the tragic story of the cruise ship disaster on the Italian coast unfolds. It seems that each day a new element emerges as the world attempts to understand both the accident and its aftermath. The actions of the ship’s captain both leading up to and following the moment the Concordia ran aground will be discussed and disputed for a long time to come. The reports thus far suggest far more than simple negligence on the captain’s behalf and serve as a reminder that operating errors can extend far beyond drivers of cars and SUVs.

We are proud to serve boating accident victims in San Francisco and throughout Northern California, regardless of whether their injuries occurred on a large cruise ship or a much smaller, personal boat. The California Department of Boating and Waterways, which compiles statistics on boating injuries in the state, found that in 2008 a total of 686 accidents led to 382 injuries, 48 deaths, and $5,899,184 in damages. This represented a significant decline from the prior year with 2007 containing 804 accidents, 482 injuries, 55 fatalities, and $10,643,800 in economic damages resulting from boating accidents. In both years, the largest share of accidents involved open motorboats. Other Department publications suggest that half of all fatal boating accidents involve intoxicated vessel operators.

Given the numerous coastal regions and other waterways in our state, it is not surprising that California has a fully developed system of laws and regulations governing boaters that is akin to the more commonly known rules of the roadways. The waterways laws include many specific procedural rules as well as general prohibitions against reckless or negligent vessel operation. California does not, however, require a license to operate a boat. The Department of Boating and Waterways does offer a number of safety education pamphlets, including a detailed correspondence home safety course that can result in reduced insurance premiums upon a boat owner’s successful completion of a safety test. In some cases, people who have been involved in a boating accident or who have been charged with a violation of a waterways law may be ordered by a judge to take part in this course.

While nothing can ever undo the harm caused by child molester, our San Francisco abuse lawyer is always gratified to see justice served and evil punished. The recent sentencing of a San Francisco child molester reminds us that the criminal justice system can work to penalize those who violate the law and the standards of common decency. This case also serves as an opportunity to remind residents that our dual legal system provides both the opportunity to punish offenders and the opportunity for victims to recover monetary damages for the harm done. The wrong cannot be undone but the system can provide compensation to help victims move forward after an egregious harm.

On Sunday, the San Francisco Chronicle reported on the sentencing of a repeat child molester. The investigation against Julius Lewis began in 2006 when a six year-old girl, a friend of Lewis’s daughter, reported that she had been molested by Lewis. In addition to charges related to that victim, the case included charges that Lewis molested his step-daughter beginning in 1989. Some of the acts occurred during the time Lewis lived in Texas and had also served a prison sentence there for indecency with a child. Lewis was convicted in September on five counts of lewd acts with a minor and was sentenced this past Friday to twenty-nine years in prison.

It is important to remember that our judicial system has separate and distinct courts for civil and criminal charges. A conviction in criminal court represents official authorities imposing punishment on a wrongdoer for violating the law. The civil system, in contrast, focuses on redressing the wrong done to a victim. An abuse victim in San Francisco can bring a civil suit regardless of whether criminal charges are successful and even if no criminal case is filed. Criminal convictions can be a huge psychological win for a victim but only a civil suit can help them recover damages for their experience. While no amount of money can undo the acts, it can help the victim access resources to help them recover from the emotional and physical trauma. A civil victory can also allow the victim to feel truly heard.

2012 opened with great results in the stock market, with the Dow gaining 180 points on the first trading day of the new year. Reporting on the strong opening on Wall Street, The San Francisco Chronicle noted that January results can be a strong indicator for the year to come. Although the exchange numbers focus on some of our nation’s largest corporations, the gains were spread across a range of business areas. Our San Francisco small business attorney at The Brod Law Firm is hopeful that this is a sign that 2012 will be a strong year for companies of all sizes. We welcome the chance to be the law firm for local business in San Francisco and throughout Northern California in 2012.

Small and medium-sized businesses are the backbone of our country. There are approximately 3.4 million small businesses in California and statistics suggest they account for fifty-two percent of our state’s private sector employment. In the period between 1993 and 2008, small businesses accounted for sixty-four percent of the net new jobs nationwide.

As a San Francisco small business law firm, we believe in representing the interests of our local business owners and managers. We can provide the legal support your business needs when you are drafting contracts or negotiating other key business documents. Our experience with business disputes provides us with a specialized perspective. We can apply our experience to help our clients prevent future legal disputes with carefully drafted contracts that anticipate and avoid the pitfalls that can befall well-meaning business owners.

It isn’t the type of story we like to think about during the holidays. It isn’t the type of story that we like to hear about any time of the year. It is, however, the type of story we must talk about because talking about hard stories is the only way to bring perpetrators to justice, help victims move forward, and give potential future offenders notice that their behavior will not be tolerated. This sad story is also an opportunity to remind the community that we are trained and prepared to act as attorneys for victims of sexual abuse in Sacramento and throughout Northern California. We cannot erase the past, but we can help victims put the pieces back together and recover financial damages that will help them afford counseling and other necessary treatments.

This past week, as headlines about the sexual abuse scandal at Penn State dominated the national press, a local courtroom investigated sexual assault accusations against a pastor in Citrus Heights. The Sacramento Bee reported that Tommy Jean Daniels, 49, is on trial for 12 counts of child molestation. Daniels is a preacher at Rio Linda First Baptist and the charges, ranging from 2003 to 2005, relate to a home-based child care business run by his wife. Of the five alleged female victims, four were adopted children with troubled histories whose adoptive families placed them in the care center on the advice of social service professionals. The fifth was a child placed in the center for day care while the parents worked. Daniels has continued to assert his innocence, with his attorneys suggesting the children have a history of lying.

We do not know the truth of the Daniels case, but we do know that too many children (and adults) suffer sexual abuse. Despite the “Don’t Talk to Strangers” campaigns many of adults recall from our own childhoods, the majority of perpetrators are people victim knows and trusts. California law is particularly strict on cases of statutory rape, setting the age of consent at 18 (except when the parties are married) with a tiered system imposing harsher criminal penalties where a greater age gap exists. Harsher penalties also apply when the perpetrator is over 21 and the victim is under 16. These are strict liability cases in criminal court, meaning the prosecution only needs to prove the sexual act occurred and consent is not at issue.

As lawyers for small businesses in San Francisco and the surrounding region, the Brod Law Firm knows that the vast majority of local business operators follow the law. We also know that most business owners want their organization to be open and accessible to all customers, including those with disabilities. A recent series of articles in the San Francisco Chronicle highlights the fact that even these businesses can become the target of “opportunistic” suits under the Americans with Disability Act (“the ADA”) and related state and local policies.

We can help your San Francisco business with ADA claims. Having spent countless hours in courtrooms, we know that preventing lawsuits is always preferable to trial. As is highlighted in the recent Chronicle series, there are many resources available to California businesses to help them comply with all legal obligations. The City of San Francisco has a specialized Office of Small Business that provides a lot of information to help business owners and management personnel comply with the law. With respect to the ADA, businesses must ensure their facility is accessible to all customers by removing any existing architectural barriers and by following accessibility codes for any construction. If your business is undertaking construction efforts, consulting a Certified Access Specialist is recommended. These experts can provide feedback during the process. Furthermore, an inspection report is very useful if a lawsuit arises, creating a 90-day stay on a lawsuit and providing for an Early Evaluation Conference that can help eliminate meritless claims without the need for a full trial. Tax incentives exist to help businesses with the cost of ADA compliance.

Unfortunately, even businesses that have been proactive in complying with the ADA will sometimes face legal complaints. If you receive a verbal or written complaint alleging that your business has violated the ADA, it is vital that you seek the assistance of a Northern California small business attorney immediately. Early representation can help you avoid missing any deadlines and can help you achieve a timely, positive resolution. As counsel to area businesses, our team can evaluate the merits of an ADA claim and determine if changes to your place of business are warranted under the law. We can evaluate the merits of the claim, retain useful experts, and provide effective pre-trial guidance. Our team will also examine the history of both the claimant and their representatives to determine if they have a history of making unsupported claims since, sadly, there are repeat players who have a record of abusing the ADA for profit. At the Brod Law Firm, we will make every effort to resolve the claims early and cost-effectively. We are also always prepared to represent our business clients at trial should the need arise.

As San Francisco small business attorneys, the Brod Law Firm is committed to helping our clients achieve the results they expect in all business interactions. The recently reported resolution to a dispute between a large corporation and a smaller, local organization is a reminder that often the best result is one that avoids litigation. We will always be zealous advocates for our clients in court, but we are also committed to helping avoid trial whenever possible while still providing a positive result.

The Oakland Tribune recently reported on the successful resolution of a dispute between Kellogg Company and Maya Archaeology Initiative (“MAI”), a small organization based in Walnut Creek that seeks to protect the history and culture found in Northern Guatemala. Both the MAI and the Froot Loops line, owned by Kellogg, use a toucan in their logo. This overlap led to a dispute with Kellogg’s legal team demanding that MAI stop using the toucan symbol, suggesting the logo was too similar to the Froot Loops toucan and violated the company’s trademark. This week, the organizations announced that the dispute had been resolved without litigation and that Kellogg would be contributing $100,000 to MAI’s initiatives. Further, Kellog agreed to promote knowledge of the Mayan culture on future cereal boxes and to include the web address for MAI.

As Oakland small business attorneys, we understand that the threat of a lawsuit is frightening to business owners. This is particularly true when the dispute pits a small, local organization against a very large corporation with access to greater financial resources. It is important for local business owners to seek counsel as soon as a potential dispute arises so that all options can be discussed. Our team is dedicated to pursuing all forms of dispute resolution on behalf of our small and medium sized business clients.

Most parents view education as a key foundation for their child’s future. Californians send their children to school to learn and, in doing so, trust that their child will be safe while at school. However, recent threats received by personnel at schools in Martinez remind us that even school is not always a safe haven. While these threats did not result in any injury, any incident at a school requires an understanding of the law and the help of an attorney who understands California school safety laws. Our Oakland school injury attorney is well aware of the harm that can result when schools fails to act appropriately to keep students safe.

As The Oakland Tribune reported, the Martinez school district held a forum last week to discuss school safety and the response to threats to schools and students. This meeting was spurred by a series of events. In mid-October, a school employee received an email that included a threat against Alhambra High School. The school responded with an increase in security and notified parents on the day after the email was received. A week later, the school was placed on lockdown and parents were notified when an empty gun case was discovered in the high school auditorium. Further threats against two elementary schools arrived via separate letters later that week. In one case, the school was closed. In the other, the threatened school remained open and parents were not notified until the morning after the letter arrived. Police have arrested Larry Bantola on suspicions related to the series of threats. The Tribune reports that Bantola allegedly signed the name of a former friend to the notes.

Luckily, none of the threats in the Martinez area incidents resulted in any harm to students. However, parents should be aware that schools have a special duty to help protect their students. California education law requires that school districts develop and maintain a school safety plan that is aimed at preventing crime and violence on school property. These plans must be updated yearly. The State Board of Education further mandates that students have a right to safety in the school environment. Schools must have plans in place for conflict situations, including procedures for involving law enforcement when needed. School districts are specifically urged to collaborate with parents and guardians as well as other community groups and law enforcement authorities in order to ensure student safety. These rules are spelled out in both the state code and in California State Board of Education Policy 01-02.