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21 06, 2017

Want to Make a Federal Case of it?

By | 2017-06-21T12:04:06+00:00 June 21st, 2017|Business Litigation, Civil Litigation|Comments Off on Want to Make a Federal Case of it?

It amuses me when I find myself resorting to one of the many “sayings” or “expressions” I learned early in my childhood, and have always understood, but the derivation of which I did not bother to investigate or learn until much later. Just now, for example, remembering how my mother would say “I don’t want [...]

4 05, 2017

California Successor Liability

By | 2017-05-04T08:51:57+00:00 May 4th, 2017|Asset Protection, Business Law, Business Litigation, Commercial Law, Commercial Ligitation, Corporate Law|Comments Off on California Successor Liability

If you are purchasing an existing business or even the assets of a business in California, it is important to consider to what extent your business will have exposure to successor liability following the purchase. California successor liability laws are significantly broader than those in some states, so being informed and taking steps to mitigate [...]

4 04, 2017

HEARSAY – WHAT IT IS AND WHAT IT ISN’T

By | 2017-04-26T08:37:02+00:00 April 4th, 2017|Business Litigation, Civil Litigation, Commercial Ligitation|Comments Off on HEARSAY – WHAT IT IS AND WHAT IT ISN’T

Introduction If you are involved in a legal dispute, are unable to settle it, and find yourself in trial, you and your trial attorney will be required to present your claims (if you are a plaintiff) or your defenses to the other side’s claims (if you are a defendant). How exactly you and your attorney [...]

19 03, 2017

Look Before You Leap! Don’t Sue for an Uncollectable Judgment

By | 2017-03-19T23:20:47+00:00 March 19th, 2017|Business Law, Business Litigation|Comments Off on Look Before You Leap! Don’t Sue for an Uncollectable Judgment

When a client walks in the door and says “I really don’t care about the money, it’s just the ‘principle’ of the matter,” the wise lawyer may reply: “You shouldn’t sue for ‘principle’, unless it’s ‘principal plus interest’”, i.e. money. The meaning of this old pun, of course, is that the only satisfaction likely to [...]

30 01, 2017

WAIVER OF UNKNOWN CLAIMS UNDER CALIFORNIA CODE §1542

By | 2017-01-30T09:40:51+00:00 January 30th, 2017|Business Litigation, Contracts|Comments Off on WAIVER OF UNKNOWN CLAIMS UNDER CALIFORNIA CODE §1542

Introduction In settlement agreements, one or more parties may waive their right to pursue recourse against other parties to the agreement in return for some form of consideration, such as a payment of money. However, what if a party is unaware of certain claims they may have against the party they are releasing--could they then [...]