Ervin Cohen & Jessup LLP

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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Taxpayer Identity Theft

Recently, there has been a spike in felons filing fraudulent income tax returns seeking refunds. The identity thief merely acquires a taxpayer’s name, address and Social Security Number, and files a return with a different…more

Fraud, FTC, Hackers, Identity Theft, IRS

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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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Fore! Ponzi Scheme Lands The Golf Channel In The Rough

Receivers handling Ponzi schemes and fraud cases are familiar with the concept of suing the “winners” in the scheme to recover transfers made to them in excess of their investment. Such suits are based on the theory that the…more

Advertising, Court-Appointed Receivers, Equivalency Determinations, Fraud, Fraudulent Transfers

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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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Building Contractors Beware!! An Unreported Judgment Can Lead To A Suspension Of Your Contractor’s License And Payment Issues!

On May 18, 2015, the California Court of Appeals, Second District ruled in Pacific Caisson & Shoring, Inc. v. Bernards Bros., Inc. 2015 DJDAR 5486 that a contractor, whose license was suspended for failing to notify the…more

Construction Disputes, Contractor's State License Board, Disgorgement, General Contractors, Judgment Debtors

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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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The Nuts and Bolts of Digital Advertising

“We have the best mobile app on the market!” “Subscribe now and win an Apple watch!” “Download our software and we guarantee an increase in your business within 30 days!” That all sounds quite wonderful, actually. Where do I…more

Advertising, Disclaimers, Disclosure Requirements, FTC, Internet Privacy

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An Effective Way to Fight an Objectively Frivolous Lawsuit

An angry client calls: “I have been sued.” But this time, there is absolutely no basis in law or fact for the lawsuit. The client asks: “Can I get the case dismissed and recover my attorney’s fees against the lawyer and…more

Attorney's Fees, Frivolous Lawsuits, Litigation Strategies, Sanctions

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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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Selling the Business to Divide the Assets, Part 1

This is the latest in my series discussing a recurring question: When a closely-held business is a valuable marital asset, how can its value be turned into cash? I’ve previously touched on two alternatives by which the spouse…more

Divorce, Marital Assets, Selling a Business

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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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Great News for Lenders—A Recent Decision Further Limits the Sham Guaranty Defense

Recently, and shortly after my visit to several lender clients to make presentations regarding, among other topics, the enforceability of commercial guaranty agreements and the sham guaranty defense, the California Court of…more

Borrowers, Commercial Guaranty, Default, Deficiency Judgments, Internal Revenue Code

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Another Bill Seeks To Increase California’s Minimum Wage

For the third year in a row, the California Senate is seeking to increase California’s minimum wage with automatic adjustments for inflation. Specifically, Senate Bill 3 proposes to raise minimum wage to $11 per hour on January…more

Minimum Wage, Pending Legislation

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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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Uber Relieved or Uber Mad? What Does the Recent UBER Misclassification Ruling Mean for Employers?

Last week, the California Labor Commissioner ruled that Uber driver Barbara Berwick was an employee and not an independent contractor, as Uber classifies all its drivers. The ruling was based on the Labor Commissioner’s…more

Appeals, Classification, Control Test, DLSE, DOL

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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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Contact

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

  • 310-273-6333
  • 310-859-2325

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

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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