Free Resources

Business and real estate litigation is always changing, especially in California. The following free articles provide relevant information for businesses that are involved in or may be targeted in litigation. Specifically, the articles cover a range of topics including: commercial lease contracts, disability access compliance, Los Angeles commercial real estate trends, and high-profile business lawsuits in Southern California.

Practical Steps Businesses Can Take to Avoid Disability Access ADA Lawsuits

California leads the nation in the number of lawsuits filed under the Americans with Disabilities Act (ADA). Since 2005, more ADA lawsuits were filed in California than Florida…read more

Pharma Dispute Expands Constitutional Rights For Gays

It is not often that constitutional issues arise in business litigation cases. This is because business disputes arise from the private arrangements parties have with each other, such as…read more

How to Avoid a $1.3 Million Judgment: Talk to Your Lawyer

In business it is often important to be consistent, fair and act in good faith when dealing with business partners. While this may seem to be axiomatic, failing to do so can have costly…read more

Personal Service to a UPS Store Proper for Unrepresented Parties

Service of process is one of the technical aspects of litigation that is too often overlooked. Issues of proper service most frequently arise at the outset of a lawsuit when…read more

Shareholders Granted More Power to Challenge Corporate Elections

Family and money don’t always mix well, so it’s not surprising that family-owned businesses are particularly likely to litigate their disputes. A recent California appellate…read more

Bob Marley Is Still Creating New Law

Bob Marley died in 1981, but arguments about the rights to his music continue to this day. On September 18, 2013, the Ninth Circuit Court of Appeals issued its decision in…read more

California Energy Commission Again Postpones Enforcement of the Energy Use Disclosure Program to January 1, 2014

On August 14, 2013, the California Energy Commission (CEC) issued a notice suspending the enforcement of a law that requires owners of nonresidential buildings to disclose…read more

Ninth Circuit Gives Defendants Additional Option To Move Case From State To Federal Court

 On June 27, 2013, the Ninth Circuit Court of Appeals announced a rule that may make litigating in federal court easier for parties that were initially sued in state court…read more

Court Budget Situation May Be Getting Better But Court Closures And Staff Reductions Will Continue Beginning July 1st

On June 14th, both houses of the California state legislature passed a budget package that restores $63 million to the judiciary’s coffers. $60 million will go to the trial courts and $3 million will go to the courts of appeal and…read more

Businesses Hit With New Wave of ADA Lawsuits (Disability Access Compliance)

Recently a man with hearing impairments began suing various businesses in the Los Angeles area for violating California’s disability access laws. On April 29, 2013, Alexander Johnson filed six lawsuits against six different…read more

New Disclosure Requirements for Commercial Leases Go into Effect on 7/1/2013

Commercial landlords entering into leases in California this summer must add additional provisions to their leases to comply with changes in state law that took place last year. Under California Civil Code Section…read more

Improving Economic Conditions and the Implications for Real Estate Litigation

The outlook for the real estate market is improving. Nationwide, rental rates for multifamily properties have gone up 3.5 percent and vacancy is down 120 basis points to 4.7 percent. Prices and sales volume…read more

Commercial Tenants: Important Lease Terms You Need to Understand

Entering into a commercial lease represents a long-term commitment and investment for businesses. The terms and conditions agreed to today have the potential to affect the bottom line many years down…read more

How Continuing Jurisdiction Affects the Parties in Disputes Involving Commercial Leases

The Fourth Appellate District may have precluded trial courts from retaining jurisdiction of disputes involving long-term commercial leases. Stump’s Market, Inc. v. Plaza De Santa Fe Limited, filed on January 11, 2013…read more

New Guidelines for Businesses Seeking to Recover Damages for Lost Profits

In many breach of contract lawsuits between businesses, the largest element of damages is lost profits. Lost profits are an example of consequential damages—those losses that are claimed as a result of the alleged…read more

Five Different Ways to Structure Fee Agreements in Business Litigation Cases

Most business litigation is handled on an hourly fee basis. That isn’t the only option, however. California Business and Professions Code Section 6148 permits lawyers and their clients to agree to a wide range of fees…read more

What the Apple v. Samsung Verdict Teaches Us About Jury Misconduct

Overturning a jury verdict is exceedingly difficult. However, the Apple v. Samsung case is one of those rare examples where it makes sense to pursue every possible legal argument to overturn a verdict. Samsung’s…read more