Robert M. Heller, A Professional Law Corporation

HAVE DIRECTORS AND OFFICERS ENGAGED IN WRONGFUL SELF-DEALING WITH THE...

Each member of a corporation’s board of directors owes a fiduciary duty to the corporation and its shareholders. That duty fundamentally has two obligations: the duty of care (directors must perform their jobs diligently and…more

| Business Torts, Civil Procedure, Civil Remedies, Commercial Law &...

HAVE YOUR RIGHTS AS A SHAREHOLDER BEEN ABRIDGED?

Have Your Rights as a Shareholder Been Abridged? The answer, of course, depends on the facts and circumstances of each case. But if the corporation engages in wrongful acts, and a shareholder is unable to amicably resolve the…more

| Business Torts, Civil Procedure, Civil Remedies, Commercial Law &...

THE SHAM GUARANTY DEFENSE AND LITIGATION STRATEGY

The “sham guaranty” doctrine offers guarantors one of the few legal theories available to avoid liability under a written guaranty…more

| Business Torts, Civil Procedure, Civil Remedies, Commercial Law &...

BUSINESS PAYS FOR COURT DELAYS

It's no secret that the California budget crisis has had, and will have, far-reaching implications for communities and businesses around the state. As legislators continue to struggle to close budget gaps, their actions are…more

| Business Organizations, Business Torts, Civil Procedure, Civil Remedies,...

3-D Movies Fighting for Screen Time

With the recent flurry of 3-D films, there is great pressure on theaters because, currently, there are only approximately 3,500 3-D screens in place around the country. That's less than 10% of the total and not enough to…more

| Art, Entertainment, & Sports Law, Business Organizations, Communications...

ARBITRATION ENFORCED AT ANY COST? PERHAPS NOT.

The pendulum may finally be swinging back. Recent court opinions, as discussed below, reveal a more guarded approach toward the once heralded arbitration process, as evidenced by judges’ greater willingness to vacate…more

| Alternative Dispute Resolution (ADR), Business Organizations, Civil...

WHEN SEEKING PRE-TRIAL RECEIVERSHIP FOR SOLVENT COMPANIES LESS MAY BE MORE

Receivers may be appointed where a company is insolvent, in danger of becoming insolvent, winding up its affairs or a judgment debtor. However, did you know that prior to trial a plaintiff may seek a court-appointed receiver for…more

| Business Organizations, Business Torts, Civil Procedure, Civil Remedies,...

IS YOUR PARTNER USING THE RECESSION TO HIDE FRAUD?

Tough economic times can sometimes be used to mask fraudulent activities. In times like these, minority shareholders who suspect improper activity by the majority should be more vigilant than ever. Often minority shareholders,…more

| Business Organizations, Business Torts, Civil Procedure, Civil Remedies,...

AN ARBITRATOR'S POWERS ARE LIMITED

There are differences between arbitration and litigation: An arbitrator has no authority to order an in camera review of information protected by the attorney-client privilege, the absolute work-product doctrine or the…more

| Alternative Dispute Resolution (ADR), Business Organizations, Civil...

HOW FINAL ARE ARBITRATION AWARDS?

How Final Are Arbitration Awards? The answer may surprise you. For years, contractual arbitration awards have been subject to limited judicial review. Indeed, under State and Federal law, such awards could be challenged…more

| Alternative Dispute Resolution (ADR), Business Organizations, Civil...

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