ATTORNEY NEWSLETTER The State of California recently modified the former definition of “undue influence” in the Welfare and Institutions Code. Before 2014, in order to prove undue influence, a special relationship between the victim and the perpetrator had to be demonstrated. Now, the evidence that someone’s free will has been […]

ATTORNEY NEWSLETTER The Financial Industry Regulatory Authority (FINRA) has announced tougher sanctions for those who commit fraud or make unsuitable recommendations to clients, as well as increased suspensions under the self-regulator’s suitability rules. The National Adjudicatory Council for Financial Industry Regulatory Authority, its appellate tribunal for disciplinary cases, released the […]

ATTORNEY NEWSLETTER Due to their vulnerability, the elderly are often victims of abuse. The 1985 Elder Abuse Prevention, Identification and Treatment Act provides a definition of what is considered elder abuse. It can be a “willful infliction of injury, unreasonable confinement, intimidation or cruel punishment, with resulting physical harm or […]

ATTORNEY NEWSLETTER California elder abuse attorneys warn that senior citizens are often the target of scammers, and urge senior citizens to be cautious. Senior citizens are often targets, as they are viewed as trusting and may be isolated from other people. Common scams include: -IRS phone call- This is most […]

ATTORNEY NEWSLETTER The SEC Award program was created by the Dodd-Frank Act. This provides an incentive for people to give any information which would let the SEC take sanctions in an amount over $1 million. A whistleblower who finds himself in this case could earn 10% or 30 % of […]

ATTORNEY NEWSLETTER A growing number of states are requiring financial planners to report elder abuse, say California financial elder abuse attorneys. Eleven states now have statutes with mandatory reporting requirements for elder abuse for financial planners, and another six states have statutes requiring anyone who has any level of suspicion […]

ATTORNEY NEWSLETTER As the number of nursing home residents in the United States has increased, so has the risk for the elderly to be victims of negligence or abuse, say California nursing home abuse attorneys. According to the Kaiser Family Health Foundation, nearly 1.5 million senior citizens in the U.S. […]

ATTORNEY NEWSLETTER DaVita HealthCare Partners, a Denver-based company, has agreed to pay up to $495 million to settle a whistleblower lawsuit accusing the company of defrauding the federal Medicare program. This is the third settlement of a whistleblower lawsuit by DaVita since 2012. Dr. Alon J. Vainer and nurse Daniel […]

ATTORNEY NEWSLETTER The U.S. Senate recently approved the Motor Vehicle Safety Whistleblower Act, which provides whistleblower protections and bounties to individuals who report motor vehicle defects. The bill was unanimously approved. The act, aimed at improving safety in the auto industry, incentivizes employees and contractors of automakers, parts suppliers, and […]

ATTORNEY NEWSLETTER A conservatorship can be established for someone who can no longer adequately take care of his or her personal care or finances. California Law requires all conservators to have a copy of The Judicial Council of California’s “Handbook for Conservators,” which includes a description of conservator duties. Duties […]