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Biographical
Information
Brian Kindsvater has received the highest rating possible from other attorneys and judges for adherence to professional standards of conduct and ethics, diligence, reliability, and other criteria relevant to the discharge of professional responsibilities. |
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| General Practice Areas: | |
| Internet Law and Online Issues: | One of the most experienced Internet attorneys and author of the Webmaster's Legal Guide, Mr. Kindsvater has litigation and consultation experience involving hundreds upon hundreds of online businesses encompassing topics such as: Trademark Infringement, Unfair Competition, Passing Off, Mousetrapping, Obscenity, Fraud, Child Pornography, Typosquatting, Copyright Infringement, Publicity Rights, Invasion of Privacy, Web Cams, Breach of Contract, Cookie Stuffing, Copyright Assignment, Domain Name Disputes, Website Disclosures, Unauthorized Computer Access, PLR Legalities, Trade Secrets, Noncompete Contracts, and Affiliate Marketing Agreements. |
| Employment and Labor Issues: | Representation and consultation with many individuals and businesses on a wide variety of employment issues, including discrimination, harassment, breach of contract, wage disputes, noncompete issues, and unpaid wage claims. Mr. Kindsvater has successfully tried matters in court, arbitration, mediation, and has argued before the California Court of Appeals, California Labor Commissioner and the California Unemployment Insurance Board. |
| Class Actions and Complex Litigation: | Consultation and litigation of class actions involving issues of vacation pay, products liability, consumer fraud, and mortuary and cemetery practices. Mr. Kindsvater was appointed liaison counsel by other attorneys and the court for over 300 defendants in the Vieira Flying Service coordinated class action litigation in Northern California - one of the biggest class actions in US history. |
| Funeral and Cemetery Matters: | Recommended by the California Department of Consumer Affairs Cemetery and Funeral Bureau, Mr. Kindsvater has represented dozens of mortuaries, cemeteries, crematoriums, and other funeral entities. Few attorneys practice in this area of law, but Mr. Kindsvater has learned about embalming procedures, cremation practices, and other industry activities. Many may be surprised to learn that funeral and cemetery law is often on the 'cutting-edge' of the laws affecting a wide variety of issues. |
| Judge Pro Tem: | Brian Kindsvater has been appointed by the Superior Courts in Sacramento County and El Dorado County as an arbitrator and alternate dispute resolution mediator. |
| Education: | University of California, Hastings
College of The Law, J.D., Colorado State University, B.S.(Business - Computer Information Systems and Accounting) |
| Books, Articles and Publications: | "Sue Your Boss", 2004 (previously available through Amazon.com), purchased by Governor Schwarzenegger's Office |
| Internet Marketing Law Center Guides and Articles, 2009 - present | |
| FTC Survival Guide, 2009 | |
| "Webmaster's Legal Guide", 2006 | |
| Traffic, 2006 | |
| Deathcare Professional, 2000-2003, subscribed to by the California Department of Consumer Affairs Cemetery and Funeral Bureau | |
| "Sealer Caskets," CFDA Newslines, September 2000 | |
| Lawzilla California Employment Law and Business Law Articles, 1999-present | |
| "Handling and Investigating Employee Complaints," 1999 Ulrich, Nash & Gump MCLE seminar materials | |
| "New Pitfalls for Employers When Preparing Letters of Recommendation," Kindsvater and Arabian, The Docket, June 1997 | |
| "New Pitfalls When Preparing Letters of Recommendation," Kindsvater and Arabian, The Daily Recorder, May 14, 1997 | |
| "Cost-Effective Methods for Handling Mass Tort and Class Action Litigation," 1995 Ropers, Majeski, Kohn & Bentley national seminar handbook | |
| Seminars: | July 23, 2004 - Association of California Cremationists Lake Arrowhead Meeting Legal Panel |
| October 2, 2003 - "Arbitration," Interment Association of California San Jose Conference | |
| February 2003 - Association of California Cremationists San Pedro Meeting Legal Panel | |
| July 20, 2002 - Association of California Cremationists Sacramento Meeting Legal Panel | |
| June 2002 - Interment Association of California, Napa Conference | |
| March 2002 - Association of California Cremationists Ontario Meeting Legal Panel | |
| October 11, 2001 - "Endowment Care Funds - Timeless Care or Litigation Snares?" - Interment Association of California's San Francisco Conference | |
| June 19, 2001 - "A Cookbook for Preventing and Limiting Liability" - California Funeral Directors Association Annual Convention | |
| February 17, 2001 - "Preventing Liability Through Contractual Protections" - Association of California Cremationists Ontario Meeting | |
| August 31, 1999 - Legal Presentation - Sacramento Area Funeral Directors Association | |
| July 17, 1999 - Legal Panel Program - Association of California Cremationists "Cremation 2000" Annual Convention | |
| July 10, 1999 - "Y2K Class Actions," MCLE Seminar | |
| July 10, 1999 - "Handling and Investigating Employee Complaints," MCLE Seminar | |
| Past and Present Memberships: | California State Bar |
 Labor
and Employment Law Section |
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| Sacramento County Bar Association | |
| Labor
and Employment Law Section |
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| Sacramento
Lawyers [Computer] Users Group |
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| United States Federal District Court, Eastern District of California | |
| United States Federal District Court, Central District of California | |
| Association of Defense Counsel of Northern California | |
| Defense Research Institute | |
| American Bar Association | |
| Legal Action Project of the Center to Prevent Handgun Violence | |
| Mensa | |
| Webheads |
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| California Funeral Directors Association | |
| Creative Frontiers PTA-TEAM Officer | |
| Licensed Certified Soccer Coach - California Youth Soccer Association | |
| Sacramento Fencing Club | |
| Awards and Honors: | |
| University of California Hastings College of The Law: | Moot Court Board |
| Associate Executive Editor, Hastings International and Comparative Law Review | |
| First Place, Roger Traynor Moot Court Competition (statewide competition) | |
| Regional Quarterfinalist, A.B.A. National Appellate Advocacy Competition | |
| Nominations for Best Brief and Oral Argument, David Snodgrass Moot Court Competition | |
| Colorado State University: | Selected to participate in televised debates with representatives from Great Britain and Ireland |
| 6th Place, National Cross-Examination and Debate Association Tournament | |
| President, International Debate Society | |
| Numerous debate awards | |
| Creative and Performing Arts Scholarship | |
| Charitable Contributions: | Disabled American Veterans
Vietnam Veterans of America Sacramento Association for the Retarded United Cerebral Palsy of Greater Sacramento Community Assistance for the Retarded and Handicapped Goodwill Industries of Sacramento Valley United Methodist Church of Rancho Cordova Salvation Army Girl Scouts Sacramento Animal Shelter TEAM PETA Sacramento SPCA Crocker Art Museum Sacramento Zoo Sacramento Country Day School |
| Other Activities: | Internet Marketing, computers, webmaster, collecting fossils, coin collecting, fantasy football (Fluff Bunnies - 2009 College Bowl Champs, 2009 2nd Place; Legal Eagles - 2003 2nd Place, 2000 2nd Place, 1999 Champions) |
| Publicity: | Mr. Kindsvater has appeared in, been published in, or been quoted by numerous organizations, including the Associated Press, Association of California Cremationists, Bay City News Service, Birmingham Post (England), California Funeral Directors Association Newslines, California Bar Journal, Channel 10 television, Channel 31 television, Contra Costa Times, Daily Ledger-Post Dispatch, Daily Recorder, Daily Republic, Daytona Beach News-Journal, Death Care Business Advisor, The Docket, Fox 40 television, Fresno Bee, Funeral Monitor, Inman News, Interment Association of California, KFBK radio, Los Angeles Daily Journal, Mortuary Management, Roseville Press-Tribune, Sacramento Bee, Sacramento Business Journal, San Francisco Chronicle, San Francisco Daily Journal, San Joaquin Record, Shawnee News-Star Online, Stockton Record, Travel Weekly, Tri-Valley Herald, USA Today, WCBS New York, and Yahoo News. |
