Ervin Cohen & Jessup LLP

Opportunities for insisting on independent counsel

Civil Code section 2860 authorizes the retention of independent counsel in the event a conflict of interest arises between the insurer and its insured. Under the statute a conflict of interest is deemed to arise “when an insurer…more

Commercial General Liability Policies, Commercial Insurance Policies, Conflicts of Interest, Defense Strategies, Independent Counsel

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Find Out What Is Hidden Within The New FAST Act

On December 4, 2015, the President signed into law the Fixing America’s Surface Transportation Act, or FAST Act. There’s not much in there about taxes, but here are the plums hidden in the Act’s 1,300 page text..…more

Collection Agencies, Fixing America’s Surface Transportation Act (FAST Act), IRS, New Legislation, Passports

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Clients Want Golden Retrievers Not Basset Hounds

Today’s Take: Clients Want Golden Retrievers Not Basset Hounds…more

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Can the IRS Obtain a Receiver to Help Collect Taxes Owed?

Q: I have a client who owes money to the IRS. While I know the IRS likely has a tax lien, my understanding was it just waits until a taxpayer’s property is sold and then gets paid out of escrow. Instead, here, the IRS has filed…more

Court-Appointed Receivers, IRS, Jurisdiction, Liens, Receivership

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Privacy vs. Innovation: California's Proposed Regulations on AI and Automated Decision-Making

The California Privacy Protection Agency (“CPPA”) has unveiled draft regulations regarding AI and automated decision-making technologies. AI and automated decision-making encompasses systems leveraging machine learning,…more

Artificial Intelligence, Automated Systems, California Consumer Privacy Act (CCPA), Data Privacy, Decision-Making Process

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Misconceptions About The California Financial Elder Abuse Act

According to the California Department of Aging, more than 200,000 older and dependent adult abuse cases are reported each year. Many more cases certainly go unreported…more

Elder Abuse, Elder Issues, Exploitation, Financial Abuse

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Uber Drivers Cannot Bring Class Action for Employment Claims

In a matter of first impression, a panel for the Third U.S. Circuit Court of Appeals recently affirmed a judgment of the District Court of New Jersey in Singh v. Uber Techs., Inc. (April 26, 2023), compelling arbitration in a…more

Arbitration, Class Action, Employer Liability Issues, Exceptions, Federal Arbitration Act

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Grocery Stores and Restaurants Taking a Bite Out of Climate Change and Food Waste

Save the planet and feed the children? No, these are not the aspirations of a beauty contestant but the objective of legislation that was passed in the Golden State. In 2016, Governor Jerry Brown signed into law SB 1383…more

Climate Change, Coronavirus/COVID-19, Food Manufacturers, Governor Brown, Grocery Stores

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Employment Law Reporter - May 2013: California Court Holds That Piece Rate Employees Are Entitled To Hourly Pay For Waiting Time

Like many other auto dealerships and other employers throughout the state, Downtown LA Motors, LP (“DLAM”), a Mercedes Benz dealership, compensates its service technicians on a piece rate basis. Under their system, technicians…more

Piece-Rate Pay, Unpaid Wages, Wage and Hour, Wages

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Consolidated Appropriations Act: Additional Paycheck Protection Program Loans

Our previous articles have summarized the Paycheck Protection Program (“PPP”) created under the Federal CARES Act: CARES Act: Paycheck Protection Program Loans, CARES Act: Loan Applications, and CARES Act: Loan Forgiveness…more

CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Funding

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California Weighs In: No Mandatory Arbitration For Dispute Over Validity Of Trust Instrument

A hot topic in estate planning these days is whether mandatory arbitration clauses should be included in trusts. The idea is to require trust beneficiaries to arbitrate their disputes rather than going through the time and…more

Arbitration, Estate Planning, Mandatory Arbitration Clauses, Trusts

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Property Tax Assessor Presumed Too Much

Even though property acquired during marriage is presumed to be community property, for property tax change in ownership purposes the Los Angeles County Property Tax Assessor’s Office believes otherwise. Fortunately, the…more

Board of Equalization, County Assessors, Divorce, Marital Assets, Property Owners

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Coronavirus Advice for Creditors

During this unprecedented time of uncertainty, landlords, financial institutions, vendors, suppliers, and other creditors will undoubtedly be affected. Due to the closure of most businesses which are considered non-essential, it…more

Business Closures, Coronavirus/COVID-19, Creditors, Eviction, Financial Institutions

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LA Al Fresco Deadline Extended

On Tuesday, July 30, 2024, Los Angeles Mayor Karen Bass announced that the deadline for restaurant owners to apply for the city’s permanent Al Fresco program has been extended to December 31, 2024. This means that any…more

Administrative Procedure, Applications, Local Ordinance, Permits, Restaurant Industry

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California To Wait Until June 15, 2021 To Adopt the CDC’s New Mask Guidelines

On May 17, 2021, California’s Secretary of Health and Human Services, Dr. Mark Ghaly, announced that California would begin following the U.S. Centers for Disease Control and Prevention (the “CDC”)’s new guidelines regarding the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Governor Newsom, Masks, Public Health

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Employer Reminder: Local Minimum Wage Increases on July 1, 2024 and Current Mileage Rates

July 1st Minimum Wage Increases Each year on July 1st, a number of local municipalities and the County of Los Angeles raise their hourly minimum wage, based on changes to the consumer price index, and as required by local…more

Effective Date, Local Ordinance, Minimum Wage, Municipalities, Standard Mileage Rates

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Patent Reform — First to File is Finally Here

As of March 16, 2013, the USPTO officially switched to the first-to-file system—from the first-to-invent system that had previously been a hallmark of U.S. patent law. Part of the America Invents Act, which was enacted…more

America Invents Act, First-to-File, First-to-Invent, Patent Reform, Patents

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Is a receiver’s property manager protected by the Barton Doctrine and quasi-judicial immunity

Q: I was appointed receiver over a manufacturing facility. I operated it for a short time and then obtained court authority to sell it. I netted $1.4 million from the sale…more

Barton Doctrine, Commercial Real Estate Contracts, Court-Appointed Receivers, Federal Priority Act, Immunity

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Severing Unconscionable Terms in Employment Arbitration Agreements

In August 2000, the California Supreme Court handed down a landmark ruling that changed the face of employment arbitration agreements going forward. That case, known as Armendariz v. Foundation Health Psychcare Services, Inc.,…more

Arbitration, Arbitration Agreements, CA Supreme Court, Contract Terms, Employment Contract

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Governor Signs Law Exempting Restaurants From New Hidden Fees Law

Over the weekend, Governor Newsom signed Senate Bill 1524 into law, an emergency provision clarifying that Senate Bill 478, the “hidden fees” law that went into effect this week, will not apply to restaurants, bar, food…more

Consumer Protection Laws, Exemptions, Fees, Goods or Services, Governor Newsom

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Think You Are Protected by the Clear Terms of a Written Contract? Think Again!

The California Supreme Court just released a significant new decision dealing with the parol evidence rule that changes the law dramatically in California. The case name/citation is Riverisland Cold Storage, Inc. v…more

Fraud, Loan Modifications, Parol Evidence, Riverisland

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San Francisco Establishes Family Friendly Workplace Ordinance

The fog has cleared on the San Francisco Family Friendly Workplace Ordinance. Starting on January 1, 2014, San Francisco employers with 20 or more employees must allow any employee who is employed within the geographic…more

Caregivers, Family-Friendly Workplace Ordinance, Flex-Time Policies, Flexible Work Arrangements

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Wireless 101: Maximizing the Value of Your Wireless Lease

You’ve been approached by a wireless carrier to lease space on your building or property—now what? While rent is an important consideration, you should keep in mind other ways to generate revenue in the future, including…more

Commercial Leases, Commercial Property Owners, Contract Negotiations, Revenue Sharing, Right of First Refusal

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