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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, […]
Mark Adams is a contributing author to the Pennsylvania Bar Institute’s publication, Witness Preparation (PBI No. 2011 – 6846). Mark contributed the Section, "Expert Testimony, A Trial Lawyer’s Checklist" which covers selecting an expert, engaging an expert, preparing for testifying, direct examination at trial, and cross examination at trial. See the Pennsylvania Bar Institute’s publications […]
U.S. Supreme Court Limits Class Action Lawsuits The heavy hand of litigation v. the invisible hand of the marketplace This article by Mark Adams was originally published in the Orange County Business Journal. Download the PDF: Orange County Business Journal–US Supreme Court Limits Class Action Lawsuits On April 27, 2011, the United States Supreme Court […]
JMBM OC Litigation Newsletter Spring 2011 Expert Testimony: A Trial Lawyer’s Checklist How to ensure your expert is a gold mine, not a land mine Download the PDF: JMBM OC Litigation Newsletter–Expert Testimony Winning or losing your case can pivot on expert testimony. Experts can also have a huge impact on a settlement. So why […]
