What You Can and Can’t Do With a Phone While Driving

cell phone auto accidents

Update: Assembly Bill 1785 is a groundbreaking new law that took effect January 1, 2017. It states “holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in […]

The Boesch Law Group Takes on the Judgment Obtained by a Chinese Government-Owned Company

In a case with international implications involving breach of contract and interference with contractual relationships, the Boesch Law Group achieved an important milestone on March 24, 2015, when the Ninth Circuit Court of Appeals issued its opinion in favor of Folex Industries, a California corporation and a client of the Boesch Law Group. The legal […]

Defeating Extortion and Abuse of Process in All Their Ugly Disguises

“Pay me or I’m going to the police…” “Pay me or I will tell the press about you…” Or perhaps someone has filed a lawsuit against you that has an ulterior motive. These actions might or might not be an abuse of process, a tort in the state of California — or worse, the tort […]

Cases Can Often Begin and End With a Competent Evaluation of Lost Profits

business litigation

No matter what type of claim you may be facing, whether you are the plaintiff or the defendant, an evaluation of damages is the first step toward determining how to proceed. Understanding lost profits is often a crucial part of that evaluation, and our business litigation professionals at the Boesch Law Group are both experienced […]

Are Non-Compete Agreements Enforceable?

business lawyer

Many business contracts—whether partnership agreements, distribution agreements, operating agreements, or employment agreements—include non-competition clauses. When two parties are doing business together, important and sometimes confidential information and trade secrets are passed or learned; and so it is natural for businesses to protect themselves with contract clauses designed to prevent contract associates or partners from taking […]

Article by Philip W. Boesch, Jr. for Realty 411 Guide

real estate litigation

America’s TOP ATTORNEY on Combating Realty Fraud Real estate fraud is alive and kicking. Many industry experts anticipate real estate scams and legal issues to escalate in tandem with the new housing boom in the U.S. So how can investors at all levels enjoy sustainable investing, fend off risks of fraud, and better fulfill their goals […]

To Be or Not to Be, in Probate Court

probate litigation

In general, causes of action provided for in the Probate Code require filing petitions and responses. If a cause of action is not expressly authorized by the Probate Code, matters of pleading and procedure are governed by the Code of Civil Procedure. This is also true of Probate Code matters except to the extent the […]

Jury Awards Six Billion Dollars in Punitive Damages Against Japan’s Largest Drugmaker

products liability litigation

In one of the largest punitive damage awards in history – greater even than that awarded against Exxon Mobile Corp. for the Exxon Valdez Oil Spill – a Louisiana Federal Court jury awarded $6 billion in punitive damages against Takeda Pharmaceutical Co. Ltd., and $3 billion against Eli Lilly and Co., Takeda’s Indiana-based co-defendant. (In […]

General Motors Seeks to Avoid Products Liability

products liability litigation

General Motors has asked the Bankruptcy Court to confirm that it has immunity from products liability claims brought in a class-action lawsuit in California Federal Court. General Motors (GM) went through a taxpayer-financed bankruptcy reorganization in 2009. The new GM that emerged from that process was offered immunity from product liability claims directed against the […]

Michael Jackson’s Estate, Lloyd’s of London Settle Insurance Dispute Out of Court

estate litigation

After three years of litigation between Lloyd’s of London, the insurers of Jackson’s “This Is It” tour, and Jackson’s estate, attorneys for the estate advised the court on January 15th  that they have settled with the insurer over a $17.5 million insurance policy. The case was scheduled to begin trial in February. The terms of […]

The Developing Law on No Contest Clauses in Estate Litigation

Effective January 1, 2010 and applicable to all cases where the will or trust was executed after January 1, 2001, the California statutes governing No Contest Clauses have been repealed and re-written. For anyone considering challenging a will or trust that contains a No Contest Clause, it is of the utmost importance to understand the […]

Will Seeking to Remove a Fiduciary Violate a No Contest Clause?

fiduciary duties

When a beneficiary of a trust is concerned that the trustee, or “fiduciary,” is breaching his or her fiduciary duty by failing to act in the beneficiary’s best interests or is otherwise abusing his position, the beneficiary can seek to have the fiduciary removed. However, the beneficiary may be concerned about triggering a No Contest […]