47 USC 605 & 553 – Internet Apps May Not Violate TV Signal Piracy Statutes

Boxing, Soccer, & Sports Piracy (Copyright Infringement) Laws May Not Apply to Internet Apps Like DAZN Used to Show Paid Sporting Events in Businesses There May be No Merit to Lawsuits Filed by Thomas P. Riley on Behalf of G & G Closed Circuit Events, LLC, Innovative Sports Management, Inc. DBA Integrated Sports Media, and … Read More

Fraud Affirmative Defenses in California

Fraud Affirmative Defenses in California

How to Stop a Fraud Action in California Wrongful allegations of fraud in California are all too common. These allegations can be incredibly inconvenient to defendants, can damage reputations, and can be based on nothing more than a mistake or misunderstanding. As courts have explained, “[f]raud is a serious charge, easy to allege and hard … Read More

Anti-SLAPP Victory for Talkov Law

Cori Schumacher Loses Restraining Order, Anti-SLAPP Motion Granted, Court Rules in Victory for Talkov Law

Cori Schumacher, Carlsbad Councilmember, Loses Anti-SLAPP Motion; Court Sides With Talkov Law’s First Amendment Briefing As covered by Volokh Conspiracy and the San Diego Union Tribune, a California court sided with the First Amendment in granting an Anti-SLAPP motion to strike a restraining order petition filed by Carlsbad City Councilwoman Cori Schumacher against three outspoken … Read More

Fraudulent Misrepresentation California Example Elements Cases Attorney Lawyer

Fraudulent Misrepresentation in California [Elements Examples Cases Defenses]

Fraudulent Misrepresentation Under California Law Experienced business fraud and real estate fraud attorneys in California are regularly called upon to determine whether a case involves actionable fraudulent misrepresentation under California law. To answer this question, it is important to review the elements, examples, cases, and defenses applicable to fraudulent misrepresentation in California courts. Elements of … Read More

Foreign Language Newspapers Qualify for Adjudications as Newspapers of General Circulation

Foreign Language Newspapers Qualify for Adjudication as Newspapers of General Circulation – Gov. Code 6001

Newspaper in Languages Besides English Qualify to Run Legal Notices as Newspapers of General Circulation Under California Government Code 6001 In California, official legal notices and legal advertising can be published only in a newspaper of general circulation adjudicated by a court of law. Whether a publication chooses to seek adjudication as a newspaper under the … Read More

Fraud Alleged with Particularity in Federal Court Talkov Law

Fraud Must be Alleged with Particularity in Federal & Bankruptcy Court [FRCP 9(b)]

Requirements for Alleging Fraud in Federal & Bankruptcy Court Because “fraud is a serious charge, easy to allege and hard to prove” (In re Doctors Hosp. of Hyde Park, Inc., 308 B.R. 311, 322 (Bankr. N.D. Ill. 2004)), Federal Rules of Civil Procedure Rule 9(b) imposes the requirement on plaintiffs to allege fraud with particularity … Read More

Fraudulent Transfer Conveyance California UFTA Attorney

Fraudulent Transfers – The Ultimate Guide to the California Fraudulent Transfer Act

What is a “Fraudulent” Transfer in California? A judgment is merely a piece of paper signed by a court that allows a creditor to take the debtor’s assets or to force a debtor to pay the debt from their income. Some judgment debtors, realizing that judgment collection methods will allow the creditor to take their assets, … Read More

escrow-holder-liability-damages

Escrow Holder Liability and Related Damages – A Simple Framework

Escrow Holder Liability Theories An escrow holder is typically able to be held liable on theories of: breach of contract, general negligence, and breach of fiduciary duty, among others which will not be discussed herein. Talkov Law, however, does have a stable of attorneys ready to assist with any other potential theories of liability which … Read More

Partiton Referee Receiver California Law Real Estate Lawyer Attorney

Partition Referees in Real Estate Co-Ownership Disputes

Receivers & Referees in Partition of Real Estate Owned by Tenants in Common and Joint Tenants When in a dispute with a co-owner of a piece of real estate, each co-owner has an absolute right to file an action to partition the property. We have posted a free form complaint to file in a partition … Read More

escrow-holder-third-party-liability-escrow

Escrow Holder Liability to Third Parties – A Simple Framework

What is Escrow? What is an Escrow Account? Escrow disputes may arise in a real estate or business context. One typical area where escrow is used and may be the source of litigation is in the course of a purchase and sale. Escrow disputes are one of many potential issues which may arise in the … Read More

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