You know that the COVID-19 / coronavirus pandemic has caused many small and medium sized business throughout the State of California to lose money. However, what you may not know is that some insurance policies cover these losses. HAS YOUR CALIFORNIA BUSINESS LOST MONEY AS A RESULT OF THE PANDEMIC?...
During these trying times, many people have found themselves dealing with creditors and debt collection agencies. But don't fret -- there are strong consumers laws that protect you from overly aggressive collection tactics. Here is a list of what creditors and debt collection agencies MAY NOT DO: A...
This guide will discuss the defense of impossibility to breach of contract, in the context of the current pandemic. Introduction In the current climate, when businesses are shutting down and economy has come to a staggering halt, many business owners are left wondering whether they are obligated to...
If your business has been closed, you may immediately consider a business interruption/loss of income claim under your commercial insurance policy. I suggest that you review your commercial insurance policy to check for potential insurance coverage The novel coronavirus COVID-19 pandemic has...
A force majeure clause in a contract may excuse a party’s performance if there is an unpreventable occurrence that disrupts contract performance. The COVID-19 pandemic may be such an occurrence as well as many of COVID-19’s affects. For any of these events to trigger force majeure, however, they...
COVID-19 is having a huge impact on businesses. The government has issued stay-at-home orders. Businesses have also implemented work-from-home policies for employees. These policies, however, may create new challenges for businesses in protecting their confidential information and trade secrets....
A force majeure clause discharges certain contractual obligations upon the occurrence of a force majeure event. What obligations are discharged and under what circumstances depend on the language of the specific force majeure clause. What is Force Majeure? A force majeure event is an occurrence...
Can performance of a contract be excused due to inability to perform the terms of the contract as a result of the shelter-in-place orders in the wake of the COVID 19 pandemic? Introduction During these times of uncertainty in the business sector, issues pertaining to contractual obligations are...
This is a guide to some possible legal employment claims you can pursue during the Coronavirus/Covid-19 Crisis, even though they may be based on events that occurred while you were still going to work. It's a Good Time to Evaluate Your Potential Employment Case You may be presently enjoying not...
New precedent Lorenzo Lopez v. Barr, No. 15-72406 May 22, 2019 (9th Cir. 2019) allows to move the BIA to reconsider denial of "Pereira" motion to terminate for lack of subject-matter jurisdiction. This precedent expressly held, that Pereira overruled Popa, - something the BIA pretends not to see....
I recently wrote about real estate applicant who failed to disclose a criminal conviction on his Real Estate Commission application. Upon discovery he was disciplined and his license was revoked. Today’s guide involves the exact opposite result for one of my clients. The Crime - a Hearing - A...
For any number of reasons, some bankruptcy filers choose to proceed without an attorney. Below is a list of suggestions to keep you on the right track. The Do's for Filing Bankruptcy Without an Attorney The following is a list of general directions to abide if you are filing your own bankruptcy...
If one wants to challenge the final decision of a state agency, they may be able to appeal that decision to a higher court. For the appeal to be successful, there must be a basis for overturning or amending the agency’s decision, such as a finding that the decision was “arbitrary and capricious."...
We all deal with administrative agencies on a regular basis, whether it be through renewal of our cars’ yearly registrations, paying taxes, or through receiving and maintaining licensures to engage in certain professions such as medicine or teaching. Conflicts can arise between persons and agencies...
This guide will explain the policy memorandum issued by Department of Homeland Security’s United States Citizenship and Immigration Services (“USCIS”) on June 28, 2018. Executive Order 13768 - Pre-June 28, 2018 USCIS Policy On January 25, 2017 the President of the United States signed Executive...
This guide will give the four factors that I see as the most important factors to win your Social Security Disability Case. Those factors are consistent medical treatment, medical opinions, work history, and age. Consistent Medical Treatment The single most important factor in winning your...
You might have heard that abuse of the Americans with Disabilities Act (“ADA”) is a big problem in California. It is true. In fact, there were over 2,500 ADA lawsuits filed in California federal courts against business owners and property owners in 2016 alone. The Best Defense is a Good Offense...
Freedom of Information Act (FOIA) requests are a powerful tool for immigration matters. Under FOIA, you can obtain copies of any documents that federal agencies have pertaining to you and your case. FOIA requests allow you to get copies of documents you may have lost or find info from your past....
Recently, the California Legislature enacted Assembly Bill 1521 (effective October 10, 2015) to limit the practice of high-volume lawsuits motivated by the goal of obtaining quick settlements with business owners, rather than correcting violations of construction-related accessibility standards....
A brief overview of how filing bankruptcy can help you get a fresh financial start. The Process Article I, Section 8 of the United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the Bankruptcy Code in...
