Ervin Cohen & Jessup LLP

9401 Wilshire Boulevard Ninth Floor
Beverly Hills, CA 90212-2974, United States

  • 310-273-6333
  • 310-859-2325

General Contractors Beware of Subordination Clauses

In California, a general contractor can usually rest assured that in the event of nonpayment, it can rely upon the remedy of a mechanics lien, which remedy is, in fact, even a constitutional right…more

Construction Contracts, Construction Industry, Construction Loans, Foreclosure, General Contractors

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The Fisker Decision – Possible Far Reaching Implications for Buyers of Distressed Debt

Buyers and sellers of distressed debt should be aware of the recent decision in the Fisker bankruptcy case, In re Fisker Automotive Holdings, Inc., 2014 WL 210593 (Bankr. D. Del.), which drastically limited the right of a…more

Creditors, Distressed Asset Stabilization Program, Fisker

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Did You Unknowingly Sign Away Your Ability To Sue? Double Check Your Construction Agreement!

By statute, the time to bring a lawsuit against a contractor for hidden construction deficiencies can be as long as 10 years. That means that, say, a property owner could sue his or her architect or general contractor for…more

Construction Contracts, Construction Defects, General Contractors, Substantial Completion

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Considering the End: Planning for Your Demise in Addition to Estate Planning (Part 2)

As I mentioned in Part 1 of this article, a recent extensive survey indicated that most Americans have no estate plan at all. Part 1 dealt with planning for the immediate concern after one’s death: disposition of your remains,…more

Estate Planning

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8 Tips on Saving Legal Fees

If you’re a client and you want to keep your legal fees down—and don’t you all—here are some tips for you (negotiating the fee arrangement aside)..…more

Attorney's Fees, Legal Costs

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Can A Receiver Take Over Out-of-State Assets With A California Appointment Order?

QUESTION: I am a receiver for a partnership. While most of the partnership assets are in California, I have discovered the partnership owns a storage facility in Nevada and mining equipment in Arizona. Can I take over and…more

Business Assets, Court-Appointed Receivers, Foreign Jurisdictions, Partnerships, Receivership

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Dispute Resolution Boards as an Alternative to Arbitration

Disputes are inevitable in the construction context where numerous professionals are engaged in the development of highly complex building projects, often over several years, with many of these sophisticated parties represented…more

Arbitration, Dispute Resolution

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The California Supreme Court Decides In Favor Of Homeowners In Disputes With California’s Architects

In the case of Beacon Residential Community Association v. Skidmore Owings and Merrill et. al. (July 3, 2014, S208173) Cal.4th, a condominium homeowners association, sued the developer of the project and the project architect…more

Architects, Condominium Associations, Condominiums, Construction Defects, Design Defects

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Is Your Business Too Small To Worry About A Data Breach?

No, not likely. In fact, even “mom and pop stores” have incurred hefty civil penalties for failing to notify consumers and/or regulators of a data breach…more

Breach Notification Rule, Data Breach, Data Protection, Small Business

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Aereo and Napster: Lessons in Licensing

As is increasingly reported, there is a battle raging in today’s marketplace between companies with new technology platforms and content creators from the entertainment community. On the one hand, are computer science engineers…more

ABC v Aereo, Aereo, Copyright, Copyright Infringement, Internet Streaming

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Builders Beware! You Cannot Hide Behind SB 800!

In Burch v Superior Court (Premier Homes et al.) 2014 DJDAR 1991 (decided February 19, 2014) plaintiff Burch, a Pacific Palisades homeowner, sued defendants Premier Homes, the developer, and Custom Home Builders, the general…more

Construction Defects, General Contractors, Professional Liability

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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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Financing the Business Buyout – Part I (Lenders)

My first article in this series addressed this question: When the closely-held business is a substantial marital asset, what are the three main choices for turning the Departing Spouse’s interest into cash payments? My next…more

Divorce, Family Businesses, Marital Assets

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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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Be Sure to File a Protective Claim for FICA Taxes

The Supreme Court has agreed to review the Sixth Circuit Court of Appeals decision in United States v. Quality Stores which held that severance payments to involuntarily terminated employees were supplemental unemployment…more

FICA Taxes, Income Taxes, Quality Stores, SCOTUS, Severance Pay

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Lenders Beware - A Technical Violation of the One Form of Action Found to Bar Lender’s Recovery (The First California Bank v. McDonald Decision)

In a very recent decision, First California Bank v. McDonald, 2014 WL 5408418 (Cal. App.) (October 24, 2014), a California appellate court has determined that a lender’s consent from only one of its two borrowers to the…more

Banks, Deficiency Judgments, Lenders, Loans, Recovery Laws

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Spreading the Holiday Cheer with Temporary Closings

Many businesses shut down for specific periods of time over the holidays. Often this is due to a reduction in the amount of available work and/or a reduction in available staffing. In some cases, such as the entertainment…more

DLSE, Holidays

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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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Employment Law Reporter – December 2014: An IIPP? What’s an IIPP? It’s something confusing that oughtn’t be!

An IIPP is an Injury and Illness Prevention Program, and its purpose is to improve the safety and health in the workplace by reducing costs of injury and increasing employee awareness. An IIPP has been a mandatory requirement of…more

Employer Mandates, IIPP, OSHA, Workplace Safety

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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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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys

50-100 Attorneys

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