Los Angeles Real Estate Litigation Lawyer Jeffer Mangels Butler & Mitchell LLP Home
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 […]
Overview The commercial use of unmanned aircraft systems (“UAS”) is an evolving area of law. As in most situations, the law trails behind technology. Recently, the tensions behind law and technology manifested in the March 6, 2014 decision in the matter of Michael P. Huerta, Administrator, Federal Aviation Administration v. Raphael Pirker. Pertinent Facts Raphael […]
By Susan Allison The California Court of Appeal’s recent decision in Renewable Resources Coalition, Inc. v. Pebble Mines Corporation, et al., 218 Cal.App.4th 384 (July 20, 2013), illustrates perfectly the importance of careful drafting of claims as a means to successfully fend off a special motion to strike under Cal. Civ. Proc. Code § 425.16, […]
by Mark Adams Download the PDF: Orange County Business Journal: Employers (and Employees) Beware: Defamatory statements on the internet can be actionable in a court of law Social media is big and getting bigger by the minute. Although this form of communication is new, the risk of defamation liability to employers and employees is as old […]
Matt Hinks’s article titled, “California Mortgage Seizure Plan Faces Uncertain Outcome,” was published by Law360.
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 […]
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, […]
Anticipating And Avoiding ESI Problems by Matthew Kenefick Not always, but often enough to matter, electronically stored information (“ESI”) problems can be expensive and transform a modest lawsuit into a major dispute. Many times, however, ESI problems can be minimized by identifying the issues early on. Attorneys commonly work with their clients to institute a […]
Bill Capps and Mark Adams’s article, “Good Deals Gone Bad: Fiduciary Liabilities in Mergers and Acquisitions,” was published in the Orange County Business Journal’s Mergers & Acquisitions supplement. To view a PDF of this article, click here. Good Deals Gone Bad: Fiduciary Liabilities in Mergers and Acquisitions By Mark S. Adams and William F. Capps Jeffer Mangels Butler & Mitchell LLP The […]
The director’s friend: The business judgment rule By Mark Adams Reprinted with permission, Orange County Business Journal, August 27, 2012 A corporate director is entrusted to act for and on behalf of the corporation and its shareholders in managing the corporation’s affairs. A director assumes fiduciary duties and is expected to act with honesty, loyalty, […]
