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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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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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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Changes in California’s Fraudulent Transfer Law

QUESTION: I heard California’s fraudulent transfer law is being changed. How will the changes affect my ability to pursue fraudulent transfers as a receiver? ANSWER: Earlier this year the California legislature, based on a…more

Amended Legislation, Choice-of-Law, Debtors, Fraudulent Transfers, Preponderance of the Evidence

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Engineers Beware!! California Courts Have Held Engineers Owe A Duty Of Care And Are Liable to Contractors For Plans And Specifications Used in the Bidding Process

In a detailed explanation of an Engineer’s duties and responsibilities, the United States District Court for the Northern District of California held that an engineer that prepares plans and specifications relied upon by…more

Breach of Duty, Contractors, Duty of Care, Engineering, Negligent Misrepresentation

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Employment Law Reporter - May 2016

The Age of The Data Breach : The Top 5 Best Practices - What will you do? We live in The Information Age. Increasingly, business success depends on the ability to obtain, maintain and intelligently utilize increasing…more

Cyber Crimes, Cyber Insurance, Data Breach, Data Breach Plans, Data Protection

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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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OPT-IN vs. OPT-OUT

As technology continues to make it easier for businesses across the globe to collect, maintain, and use personally identifiable information (“PII”), securing PII has become increasingly important. For most businesses, having a…more

Consumer Financial Contracts, COPPA, Gramm-Leach-Blilely Act, Opt-In, Opt-Outs

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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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Buy-Sell Agreements in a Divorce (Part 1)

My prior articles have discussed how to monetize one spouse’s equity interest in a privately held company that has no other owners. However, many businesses are started by two or three partners contributing their ideas, capital…more

Buy-Sell Agreements, Divorce, Fair Valuation, Marital Assets, Operating Agreements

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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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Converting a Profits (or Carried) Interest Into a Capital Interest Tax-Free, Even if it is a Marketable Security

In CCA 201517006 (dated 10/9/14 and released 4/24/15), the general partner of a publicly traded partnership (PTP) had, in addition to its capital interest, a profits interest in the PTP called “incentive distribution rights”…more

Corporate Taxes, General Partnerships, IRS, Limited Partnerships, Partnership Interests

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The Case of the Vanishing Guaranty—Issues Facing Commercial Real Property Lenders Regarding Revocable Trust Borrowers

I have recently received numerous questions from commercial lender clients regarding structuring and enforcing commercial real property loans involving revocable trusts. Their concerns have largely centered on how to structure a…more

Anti-Deficiency Provisions, Beneficiaries, Commercial Real Estate Market, Financing, Foreclosure

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President Obama Signs Defend Trade Secrets Act of 2016

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 into law, culminating a three year, bipartisan effort to create a federal trade secret law that can be used by private parties in civil litigation…more

Asset Seizure, Barack Obama, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

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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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Alert - City Increases Park/Quimby Fees for ALL Future Residential Buildings

As some of you are aware, the City Planning Department along with Parks and Recs have been pushing to increase the Quimby fees (Parks fees for new condo/for sale units) as well as to create new Park Fees for newly constructed…more

Affordable Housing, Building Permits, Condominiums, Exemptions, Fees

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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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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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