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June 5,2020

What Mix Of DiSC Styles Would You Like On A...

DiSC® provides lawyers quick guides to understand what drives jurors by observing their behaviors. A juror’s observable behavior is what they do and how they do it; what they say and how they say it; what they write and how they write it; and what they express and how they express it.Lawyers can discern the tone of voice, word selection, the pace of speaking and responding to questions, facial expressions, and gestures; and orientation toward being logic- or people-focused.DiSC classifies observable behavior into four types – Dominant (D), Influence (i), Steadiness (S), and Conscientiousness (C).What mix of DiSC® types would...

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June 2,2020

Recovery Of Wages Or Net Profits?

Attorneys and their clients need to understand the implications of assessing the potential economic damages in a case when an “individual” becomes a “business” since the damages calculation shifts from estimating lost “wages” to lost “net profit.” For the W2 individual employee, the potential losses are losses of “wages, salaries, tips, etc.” that are entered on Line 7 of the Form 1040. However, for the self-employed individual, the losses are “net profits” (revenues less expenses).  The Schedule C is for sole proprietors and single-member limited liability corporations. Several self-employed individuals who are part of the “gig” or the “1099 economy”...

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June 2,2020

To Use Or Not Use Race In Determining Economic Damages?

California Statue, SB-41, which became effective January 2020, prohibits “the estimation, measure, or calculation of past, present, or future damages for lost earnings or impaired earnings capacity from a personal injury or wrongful death from being reduced based or race gender and ethnicity.”  (Bold added.) The law bases this prohibition on the principle of “equal protection;” that is, people cannot be treated differently because of immutable characteristics like race, gender, and disabilities. Here is an example of the type of statistical data that SB-41 prohibits in the calculation of damages. You’ll notice there’s a significant difference in the projected earnings of...

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