For the Public

What is the Value of My Law Practice?

Hide and Seek: Determining an Accurate Value of a Business in a Divorce

Divorce is as much a financial process as an emotional one. If a party does not receive his/her fair share of the marital property, that spouse may be left facing difficult financial circumstances for some time after the divorce. That is why the failure of a party to disclose all of the assets during a divorce is a critical violation

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NCAA's

NCAA’s Catastrophic Injury Loss Insurance Program May Expose Universities to Title IX Liability

Many fans have seen collegiate athletes carted off the field on stretchers and loaded into waiting ambulances. These injuries are frequently debilitating and life changing. According to the NCAA’s own statistics, there are approximately 20,000 injuries to college football players annually – with approximately 800 of those being severe neck and head trauma. Fortunately for many student athletes, the NCAA,

Read More »
FDIC

Going the Distance: Application of the Business Judgment Rule

With the number of failed financial institutions increasing in the last decade, bank officers and directors have seen a commensurate increase in claims asserted against them by the Federal Deposit Insurance Corporation (FDIC). According to the FDIC’s website, the FDIC brought claims against directors and officers (D&O) in 24percent of the bank failures between 1985 and 1992. From Jan. 1,

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contract

Motive & Intent in Breach of Contract Claims

In litigating breach of contract claims, litigants may focus upon a party’s motivation in terminating or allegedly breaching a contract. Plaintiff ’s counsel, hoping to paint the defendant as a bad actor, may want to introduce evidence showing the contract was breached or terminated solely for vindictive or other nefarious reasons. Defense counsel may want to reduce the dispute to

Read More »
wrecking ball

Stop That Wrecking Ball – Requests for Emergency Injunctive Relief

As long as there is business litigation, there will be a need for emergency injunctive relief to prevent the proverbial wrecking ball from smashing through your client’s business. Across virtually all businesses, situations calling for emergency injunctive relief will occur from time to time. For example, when an employee departs for the competition in blatant violation of a non-compete agreement,

Read More »
holiday

Your Holiday Soundtrack

The Copyrights of Christmas Christmas has a musical tradition like no other holiday. Celebrating the season with songs and carols dates back centuries. Now, the close association of music and Christmas extends to today’s most popular communication medium – the Internet. Sharing content using social media has become part of the fabric of our holiday celebrations. When you share a

Read More »
contract

The Unintended Gift: What Every Client Should Know

Most people get married truly believing that it will be forever. Divorce statistics, however, indicate that “forever” is not always the case. Family law practitioners usually recommend that couples protect themselves by entering into a contract which spells out exactly what each party is entitled to in the event of divorce – pre-nuptial or post-nuptial agreements. Although this is the

Read More »
Christmas

“There Ain’t No Sanity Clause”: Surviving the Holidays During Divorce

“All in all, it was a pretty exciting Christmas, what with the relatives and the presents and the fun and the cops and Aunt Hazel’s dog blowing up in our living room.”This opening line to John Hughes’ short story “Christmas ‘59” (and the inspiration for National Lampoon’s “Christmas Vacation”) so perfectly captures the melee of holiday dysfunction. Add divorce and

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leases

Guaranties of Leases

As protection against tenant defaults, commercial landlords rely primarily on three devices: security deposits, letters of credit and guaranties of the leases. This article will focus primarily on the third, from the perspective of the landlord. A guaranty is a promise to answer for the debt, default or miscarriage of another (California Civil Code Section 2787). Key considerations with lease

Read More »
What is the Value of My Law Practice?

Hide and Seek: Determining an Accurate Value of a Business in a Divorce

Divorce is as much a financial process as an emotional one. If a party does not receive his/her fair share of the marital property, that spouse may be left facing difficult financial circumstances for some time after the divorce. That is why the failure of a party to disclose all of the assets during a divorce is a critical violation

Read More »
NCAA's

NCAA’s Catastrophic Injury Loss Insurance Program May Expose Universities to Title IX Liability

Many fans have seen collegiate athletes carted off the field on stretchers and loaded into waiting ambulances. These injuries are frequently debilitating and life changing. According to the NCAA’s own statistics, there are approximately 20,000 injuries to college football players annually – with approximately 800 of those being severe neck and head trauma. Fortunately for many student athletes, the NCAA,

Read More »
FDIC

Going the Distance: Application of the Business Judgment Rule

With the number of failed financial institutions increasing in the last decade, bank officers and directors have seen a commensurate increase in claims asserted against them by the Federal Deposit Insurance Corporation (FDIC). According to the FDIC’s website, the FDIC brought claims against directors and officers (D&O) in 24percent of the bank failures between 1985 and 1992. From Jan. 1,

Read More »
contract

Motive & Intent in Breach of Contract Claims

In litigating breach of contract claims, litigants may focus upon a party’s motivation in terminating or allegedly breaching a contract. Plaintiff ’s counsel, hoping to paint the defendant as a bad actor, may want to introduce evidence showing the contract was breached or terminated solely for vindictive or other nefarious reasons. Defense counsel may want to reduce the dispute to

Read More »
wrecking ball

Stop That Wrecking Ball – Requests for Emergency Injunctive Relief

As long as there is business litigation, there will be a need for emergency injunctive relief to prevent the proverbial wrecking ball from smashing through your client’s business. Across virtually all businesses, situations calling for emergency injunctive relief will occur from time to time. For example, when an employee departs for the competition in blatant violation of a non-compete agreement,

Read More »
holiday

Your Holiday Soundtrack

The Copyrights of Christmas Christmas has a musical tradition like no other holiday. Celebrating the season with songs and carols dates back centuries. Now, the close association of music and Christmas extends to today’s most popular communication medium – the Internet. Sharing content using social media has become part of the fabric of our holiday celebrations. When you share a

Read More »
contract

The Unintended Gift: What Every Client Should Know

Most people get married truly believing that it will be forever. Divorce statistics, however, indicate that “forever” is not always the case. Family law practitioners usually recommend that couples protect themselves by entering into a contract which spells out exactly what each party is entitled to in the event of divorce – pre-nuptial or post-nuptial agreements. Although this is the

Read More »
Christmas

“There Ain’t No Sanity Clause”: Surviving the Holidays During Divorce

“All in all, it was a pretty exciting Christmas, what with the relatives and the presents and the fun and the cops and Aunt Hazel’s dog blowing up in our living room.”This opening line to John Hughes’ short story “Christmas ‘59” (and the inspiration for National Lampoon’s “Christmas Vacation”) so perfectly captures the melee of holiday dysfunction. Add divorce and

Read More »
leases

Guaranties of Leases

As protection against tenant defaults, commercial landlords rely primarily on three devices: security deposits, letters of credit and guaranties of the leases. This article will focus primarily on the third, from the perspective of the landlord. A guaranty is a promise to answer for the debt, default or miscarriage of another (California Civil Code Section 2787). Key considerations with lease

Read More »

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