Are Non-Compete Agreements Enforceable?
Non-competition Clauses 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 […]
Realty 411 Guide: Real Estate Fraud
Repost from Realty 411 Guide: Real estate fraud is alive and kicking. Many industry experts anticipate real estate scams and legal issues, that require the help of an estate litigation attorney, 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 […]
To Be or Not to Be, in Probate Court
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 Probate Code […]
Jury Awards Six Billion Dollars in Punitive Damages Against Japan’s Largest Drugmaker
One of the Largest Punitive Damage Awards in History 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 […]
General Motors Seeks to Avoid Products Liability
GM Asks for Immunity From Liability 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 […]
Michael Jackson’s Estate, Lloyd’s of London Settle Insurance Dispute Out of Court
Settlement Reached Over Michael Jackson’s $17.5 Million Insurance Policy 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 […]
The Developing Law on No Contest Clauses in Estate Litigation
Changes in California’s Estate Laws 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 […]
Will Seeking to Remove a Fiduciary Violate a No Contest Clause?
Be Careful When Modifying Trust Terms 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 […]
Duty to Disclose Dangerous Condition of Property Runs to Real Estate Agents
Real Estate Agent Responsibility In Hall v. Aurora Loan Services, LLC (2013) 215 Cal.App 4th 1134, the California court of appeals recently held that real estate agents who are showing a property to prospective buyers, or their agents, have a duty to disclose dangerous conditions of which the seller’s agent has actual or constructive knowledge. […]
What Artist and Talent Managers Should Know About California’s Talent Agency Act: Part Two – Handling Disputes
In “What Artists and Talent Managers Should Know About California’s Talent Agency Act: Part One,” we discussed the differences between talent agents and managers and the ways that Talent Agency Act disputes can be avoided. Here we will discuss the potential results that come from a Talent Agency Act violation, as well as one exception […]
What Artist and Talent Managers Should Know About California’s Talent Agency Act: Avoiding Disputes & Handling Disputes
Part 1: Avoiding Disputes California law makes a significant distinction between talent managers and talent agents, oftentimes with dire consequences for those who, wittingly or unwittingly, blur the line between the two roles. California’s Talent Agency Act requires anyone who solicits or procures artistic employment or engagements for artists to obtain a talent agency license. […]
Firefighter Injured in Multi-Vehicle Collision in Northern California
Careless California Driving Consequences Unfortunately, it is something we see all too often in California. A speedy motorist in a flashy car thinks that the traffic laws – and the rules of common decency – do not apply, and turns the freeway into his personal racetrack, cutting off other vehicles and swerving in and out […]