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Breach of Professional Duty Claims Survive
In Charnay v. Cobert '- Cal.Rptr.3d ”, 2006 WL 3410818 (Cal.App. 2 Dist., 11/28/06) (Perluss, P.J.), the trial court erred by sustaining a demurrer to a former client's suit against the law firm that represented her as she adequately alleged, inter alia, legal malpractice and breach of fiduciary duty.
A former client filed suit for professional negligence/legal malpractice, breach of fiduciary duty and related causes of action against the attorney who represented her in her defense of a suit brought by a neighbor seeking contribution of $18,903 for im-provements to their subdivision. At her attorney's urging, plaintiff did not settle with the neighbors and brought several complaints of her own, resulting in an order that she pay the $18,903 originally sought from her, $25,800 in unpaid homeowner assessments and the aggregate sum of $580,000 for the opposing parties' attorney fees pursuant to a fee-shifting provision in the subdivision's conditions, covenants and restrictions (CC & R). Plaintiff's attorney also billed her $360,000. The trial court reasoned plaintiff failed to plead facts showing she would have agreed to a settlement with her neighbor and, absent such allegation, any suggestion that plaintiff would have received a more favorable outcome but for her attorney's malpractice was too speculative to state a claim. The trial court concluded all the other claims were also legally deficient. The former client appealed.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.