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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Can A Receiver Be Appointed To Take Possession And Safeguard Transferred Property Pending Trial Of A Fraudulent Transfer Action?

QUESTION: I know receivers often bring actions to set aside fraudulent transfers and recover the property transferred, but can a receiver be appointed in a fraudulent transfer lawsuit to take possession of and safeguard…more

Court-Appointed Receivers, Creditors, Fraudulent Transfers, Injunctive Relief, Money Judgment

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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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Employment Law Reporter – August 2015

THE INCREASING DANGER OF BACKGROUND CHECKS - New Laws and Emerging Privacy Rights Complicate an Already Difficult Process. The intersection of privacy laws and employment practices can be a dangerous one. Employers…more

Background Checks, Ban the Box, Credit Reports, Criminal Background Checks, Data Privacy

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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 2

This is Part 2 of my discussion of a third alternative for answering the question: When a closely-held business is a valuable marital asset, how can its value be turned into cash? Part 1 discussed the main pros and cons of…more

Closely Held Businesses, Divorce, Family Businesses, Marital Assets, Small 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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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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New Law Prohibits Retaliation or Discrimination in Response to Request for Accommodation

Effective January 1, 2016, Assembly Bill 987 prohibits an employer from retaliating or otherwise discriminating against a person for requesting accommodation of his or her disability or religious beliefs, regardless of whether…more

Adverse Employment Action, Discrimination, Employer Liability Issues, Reasonable Accommodation, Retaliation

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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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Halloween Costumes in the Workplace: Fun Bonding or Scary Nightmare?

Unless you run Disneyland or an establishment for exotic dancers, your workplace is probably not used to its employees wearing masks, fake blood or scanty suggestive outfits. Not only is your company not used to it, but it…more

Dress Codes, Employer Liability Issues, Employment Policies, Holidays, 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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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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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
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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