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Litigation

Health Care and Litigation Law360: Arbitrating Malpractice Claims: Support from California Case

Courts in California continue to rely on the equitable and third party beneficiary principles discussed in JSM Tuscany, LLC v. Superior Court[1] and Crowley Maritime Corp. v. Boston Old Colony Ins. Co.[2], as the basis for extending a contractual obligation to arbitrate to nonsignatories of an arbitration agreement. The Southern District of California’s decision in City of […]

Labor & Employment and Litigation Enforcing California Professional Services and Employment Contracts: Tips on Bypassing the Statute of Limitations

The California Court of Appeal’s decision in Zamora v. Lehman, 214 Cal.App.4th 193 (March 7, 2013), offers a useful roadmap for drafting an enforceable provision in a professional services or employment contract that cuts short by years the applicable statute of limitations. Zamora involved a bankruptcy trustee’s breach of fiduciary duty claims against three former […]

Litigation Lenders: Beware of the “Two-Dollar Bankruptcy”

Lenders: Beware of the “Two-Dollar Bankruptcy” by Matthew Kenefick Most lenders usually only involve legal in problematic or highly-complicated transactions; otherwise, business would grind to a halt. Most loan documents are created using form software or are reused from prior transactions. The unwary lender, however, may inadvertently create an enforcement trap. Even with careful underwriting, […]