Frequently Asked Questions (FAQs)
Should I feel safe sending confidential information to your office by e-mail?
Answer: It depends.
You should never assume that any communication that you send by e-mail is secure. As a general rule, it is not. You should always insure that your messages are encrypted before sending sensitive or confidential information over the Internet.
For many businesses, TLS encryption is required at a minimum. TLS encryption is “transport layer security,” and it involves a method where two email servers (the sender’s and the recipient’s) automatically agree upon an encrypted communications channel between their two points of origin, so messages can be routed along that channel without eavesdropping or hacking. If the email will travel through more than one server, then each route will need to cooperate on encryption, or the entire path will be vulnerable to third-party review.
Not all email service providers use TLS encryption. For example, gmail provided by Google does not utilize TLS encryption and it is not recommended that Google’s free email service be used for any confidential or sensitive information.
Once you are a client of Castaneda, Ming & Kojikian, we will work together to insure that the efficiencies of internet communications can be used without undue worry of exposure to those who may be proactively interested in obtaining that information. This is particularly true for communications involving personal privacy issues, trade secrets, copyrights, and ongoing lawsuit information (discovery).
Can a business avoid the expense of filing a lawsuit?
Answer: Maybe.
The attorneys at Castaneda encourage clients to seek informal resolution of any business controversy as soon as possible, because it’s an expensive distraction from daily operations to litigate any type of issue, regardless of how worthy and righteous the cause.
While it’s true that the best defense is a good offense, and that your adversary must recognize that you are willing to take your case to a full jury trial if need be, very few controversies actually go before jurors to decide the issue. Most matters settle. Many do so before a lawsuit if filed. (Indeed, keeping a defendant’s name off the public records down at the courthouse can be an effective tool toward informal resolution of a dispute.)
Informal settlement between the parties at the earliest juncture is best; it’s the fastest and cheapest route. If that fails, then Castaneda advises seeking alternative dispute resolution through either formal mediation or if applicable, arbitration.
Indeed, for many of its business clientele, Castaneda recommends placement of an arbitration provision in their customer/provider contracts. However, this is particular to the circumstance and requires certain specific legal requirements to be held legal under California and/or federal law if challenged. For example, arbitration clauses must be in a certain size of font and appear in a certain manner within the document. This is because arbitration legally entails the choice of arbitration as a forum in lieu of a civil courtroom, and as such, is the voluntary relinquishment of the right to a jury trial.
What types of business disputes usually end up in formal litigation?
Answer: while some matters can be resolved creatively, there are some cases that do tend to end up in a courtroom. These include:
- employer-employee issues (wrongful termination, etc.)
- director and officer liability
- lender liability
- high-dollar contract disputes (breach of contract, tortious interference, etc.)
- securities litigation
- business transaction fraud (material misrepresentations, etc.)
Do you always require a written legal representation agreement?
Answer: Yes. A written contract for our legal services is needed for every matter that we undertake on your behalf. For those clients with whom we enjoy ongoing relationship, our agreements are written to reflect the variety of work that will be involved, to avoid a voluminous amount of contracts floating around.
Do you handle divorces or criminal matters?
Answer: No. While the law firm is happy to refer individuals to excellent lawyers in the local area who practice in these areas, our attorneys focus their efforts and dedicate their legal practice solely to areas of business and commercial law.