Kevin Brodehl

Kevin Brodehl

Wendel, Rosen, Black & Dean LLP

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Lenders Face Attorney Fee Liability for Preliminary Injunction Stopping “Dual Tracking”

Cases featuring “dual tracking” claims under California’s Homeowner Bill of Rights seem to be all the rage these days. My last post, Tender Not Required for a “Dual Tracking” Claim, highlighted a recent Court of Appeal...more

7/13/2015 - Appeals Attorney's Fees Dual Tracking Restrictions Homeowner Bill of Rights Loan Modification Agreements Mortgage Lenders Mortgages PNC Preliminary Injunctions

U.S. Supreme Court Holds Patent Holders Can’t Charge Royalties After Patent Expires

In a decision issued June 22, 2015 — Kimble v. Marvel Entertainment, LLC — the United States Supreme Court reaffirmed and declined to overrule long-standing precedent holding that a patent holder cannot charge royalties for...more

7/9/2015 - Brulotte Contract Term IP License Kimble v Marvel Enterprises Patent Royalties Patents Royalties SCOTUS Stare Decisis

Tender Not Required for a “Dual Tracking” Claim

Many claims based on flawed foreclosure sales never get out of the starting gates because the borrower fails to allege a pre-lawsuit “tender” of all amounts due on the loan....more

7/2/2015 - Default Dual Track Process Dual Tracking Restrictions Foreclosure HAMP Loan Modifications Mortgage Lenders

A Notice of Default Does Not “Disturb Possession”

An action to quiet title in real property can be governed by various statutes of limitation, depending on what theory underlies the claim. Possibilities include the five-year limitations period for adverse possession, the...more

6/15/2015 - Action to Quiet Title Commercial Property Owners Deed of Trust Lenders Notice of Default Promissory Notes Real Estate Market

Forbearance Agreements Must Be In Writing

Many plaintiffs in wrongful foreclosure lawsuits attempt to rely, at least in part, on what the lender’s representative “told them” over the phone or in person. But a recent decision by the California Court of Appeal...more

5/27/2015 - Forbearance Agreements Foreclosure Mortgage Lenders Promissory Estoppel

Can a Foreclosure be “Wrongful” if the Debtor is Underwater?

In most successful “wrongful foreclosure” cases (challenging an already-completed trustee’s sale), the debtor’s most obvious source of damages is the lost equity in the wrongfully sold security property....more

5/15/2015 - Deutsche Bank Foreclosure Loan Modifications Loan Servicer Mortgage Lenders Mortgages Underwater Homeowners Wrongful Foreclosures

Zillow Case Shows Danger of Unprotected Trade Secrets During Business Negotiations

As I mentioned in a prior post on real estate investment vehicles’ use of intellectual property, the real estate industry is not immune from legal disputes arising from that “other” type of property: intellectual property –...more

5/8/2015 - Business Litigation Dismissals Misappropriation Trade Secrets Zillow

Sham Guaranties Are Hard To Come By

In prior posts I highlighted the difficult position occupied by guarantors of real estate secured loans. In short, while California law extends very strong anti-deficiency protections to borrowers, those same protections can...more

4/25/2015 - Commercial Real Estate Market Deficiency Judgments Foreclosure Guarantors IRC Section 1031 Exchange

Junior Lienholders: Know When To Admit Defeat

As any real estate lender or investor can testify, holding a junior lien on real estate security can be perilous. Sure, the yields are higher (and in this low interest rate environment, the “search for yield” is a persistent...more

3/18/2015 - Foreclosure JPMorgan Chase Junior Lenders Mortgages

Commercial Lease “Co-Tenancy” Clauses: Unconscionable, Penalty, or Enforceable?

When a court of appeal announces that it is tackling a new commercial lease issue for the first time ever in a published decision, it’s wise to pay attention....more

3/9/2015

Alterations Don’t Always Render a Deed Void (or How NOT to do Foreclosure Investing)

Most real estate investors assume that when a deed is altered by someone other than the grantor, without the grantor’s knowledge or consent, before it is recorded, then the deed is void and conveys no title, even as to bona...more

2/25/2015 - Bona Fide Purchaser Deed of Trust Deeds Foreclosure LLC Real Estate Investments

When a Construction Lender Steps into the Shoes of the Developer, the Door is Open for Claims by the General Contractor

Thank you to my partner Garret Murai for giving me the opportunity to post again on his excellent California Construction Law Blog. I am the author/editor of the Money and Dirt Blog, where I focus on issues relating to...more

2/11/2015 - Construction Contracts Construction Industry Construction Loans Contractors Real Estate Development Secured Lenders

Swiping from the Swoosh: Nike sues former shoe designers for trade secret theft

Nike recently sued three of its former shoe designers who defected to Adidas, claiming the trio brought trade secrets with them, including Nike’s strategic development plans, design drawings, and other information “tied” to...more

1/7/2015 - Fashion Branding Fashion Design Fashion Industry Former Employee Nike Trade Secrets Uniform Trade Secrets Acts

Feds Focus on Trade Secrets

Until recently, trade secrets have been mostly overlooked by federal lawmakers. While federal laws govern patents, trademarks, and copyrights, trade secret protection has been left primarily to the states, most of which have...more

11/3/2014 - Copyright Patents Pending Legislation Trade Secrets Trademarks Uniform Trade Secrets Acts

Technology Design Concepts Can Be Trade Secrets

Conventional wisdom holds that software algorithms and source code can be protected as trade secrets, but broader technology “design concepts” can only be safeguarded by registering for patent protection. But that...more

8/7/2014 - Patent Litigation Patents Software Technology Trade Secrets

Real Property Investment Vehicles Have Intellectual Property Too

The terms “intellectual property” and “real estate” are rarely found in the same sentence. Real estate industry veterans generally view “property” as an asset comprised at least partly of dirt. But real estate investment...more

6/13/2014 - Broker-Dealer FINRA Misappropriation Private Equity Real Estate Investments REIT Trade Secrets

There’s a Reason Why It’s Called a “Stop Payment” Notice Not a “Let Me Pay Myself First” Notice

In a decision published January 31, 2014 (Brewer Corp. v. Point Center Financial, Inc.), the California Court of Appeal (Fourth District) affirmed a trial court’s judgment holding a lender liable for contractors’ stop notice...more

2/11/2014 - Construction Loans Contractors Stop Payment Notices

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