Lawyer Monthly Magazine - March 2019 Edition

12 SPECIAL FEATURE MAR 2019 www. lawyer-monthly .com I am a commercial attorney and business consultant. I have practised for over 15 years. For the past 10 years, my practice has focused primarily on commercial advising, project development and finance, and commercial litigation. I have represented clients in litigation matters before administrative bodies, state and federal trial courts, and in appellate courts throughout the United States. I have advised on commercial transaction matters in the United States and overseas and served as lead counsel in project development, finance, and acquisition matters totalling approximately $750MM. After practicing in mid- and large-size firms, I chose to dedicate my service to a select clientele through my own practice, with an emphasis on business consulting and strategic planning, complemented by comprehensive advising on project development and finance, providing ‘quasi in-house counsel’ services, consulting on litigation matters, and occasional representation in significant arbitration/litigation/appellate proceedings. In this capacity, I have been fortunate to have advised clients ranging from Fortune 500 companies to multi- generational (including three- and four generations of family members) business ventures. I alsodedicatea significant amount of time topublishing practice-oriented and academic legal articles, and am publishing a (much-needed) practice treatise on pre-trial civil procedure, written specifically for the small (but dedicated) legal profession in Idaho, whose commercial significance has grown exponentially in the past decade due to population influx from other states and abroad. Finally, and perhaps most rewarding, is the time spent providing low-cost and pro bono representation to single-parent families in domestic abuse and discrimination matters as well as incubating entrepreneurial ventures for clients seeking a “second chance” in life after periods of difficulty. ANGELO L. ROSA work done is the gravamen of these determinations. In most respects, the Dynamex decision is no more “oppressive” than the multi-factor test applied by the Internal Revenue Service when analyzing the circumstances of an independent-contractor relationship. The Californian economy (while significant in global terms, much less in comparison to its sister- states) is tragically crippled by poor fiscal policies and labyrinthine regulations. The cost of doing business in California is therefore significant. However, resorting to questionable practices of worker classification is not a solution, nor is attempting to shred the constitutional divisions between judicial and legislative authority (as some California business interests are attempting to do by challenging the Dynamex decision in the Legislature) to justify their practices. A more elegant solution would involve a fundamental restructuring of work- generation to carefully define company needs and then implement policies and agreements that legitimately shift control over the process and therefore, legitimately justify a true “independent contractor” relationship, and then implement the policies/ agreements governing those relationships to conform to the law. In the long-term, strategic planning and realistic structuring of work-based relationships could yield a more favourable cost/benefit outcome than attempting to legislate around a decision that is aimed at addressing illegitimate worker designations. LM In the long-term, strategic planning and realistic structuring of work-based relationships could yield a more favourable cost/benefit outcome than attempting to legislate around a decision that is aimed at addressing illegitimate worker designations.