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

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

ponzi-scheme-bankruptcy-fraudulent-transfer

Ponzi Scheme Defenses to Fraudulent Transfers in Bankruptcy

Fraudulent Transfers in Bankruptcy – Adversary Proceedings Fraudulent transfers are one type of adversary proceeding in bankruptcy in which the trustee attempts to recover property for the benefit of the creditors of the debtor’s estate. A full discussion on fraudulent transfer actions can be found on our blog post on Fraudulent Transfers in Bankruptcy. In … Read More

discharge-bankruptcy-debtor-creditor-rights-effects

Bankruptcy Discharge – An Effective Guide [11 U.S.C. § 524]

You may have recently received a letter from a trustee in a pending bankruptcy case indicating that the debtor received a discharge in the bankruptcy. You are not alone if you have no idea what this notice of discharge means. Does a notice of discharge mean that all preference (read about the two most heavily … Read More

Piercing the Corporate Veil in California Alter Ego Liability

Piercing the Corporate Veil in California [Alter Ego Liability]

What is the Corporate Veil? The corporate veil essentially refers to the corporate form’s ability to shield shareholder assets from creditors of the business entity. Partners in a general partnership put their personal wealth on the line to cover the partnership obligations. Other business entities, however, limit the business owner’s personal liability for business obligations … Read More

Breach of Contract Affirmative Defenses California Attorney Lawyer Answer Draft Form

Breach of Contract Affirmative Defenses in California – The Ultimate Guide

Affirmative Defenses to Breach of Contract in California Affirmative defenses for breach of contract, also known as particular defenses or performance excuses, are defenses in which evidence is introduced that, if proven by the defendant, will eliminate or mitigate liability for the defendant, even if the defendant is found to have breached the contract. An … Read More

Arbitration Enforcement Agreement Form Template

A Free Guide on How to Enforce Arbitration Agreements

Arbitration Agreements Govern a Wide Range of Disputes Arbitration agreements are becoming more and more prevalent in a wide range of contracts. For example, depending on the breadth of the arbitration clause governing the parties’ relationship, arbitration may be compelled in real estate litigation, commercial landlord-tenant disputes, real estate fraud cases, business litigation, breach of … Read More

Ordinary Course of Business Transfers Preference Defense Bankruptcy Attorney Lawyer California

Ordinary Course of Business Transfers – Preference Defense in Bankruptcy

Preference Actions in Bankruptcy For a simple explanation of what a preference action in bankruptcy is, click here. A preference action is undertaken by the trustee or debtor in possession in either chapter 7 or chapter 11 bankruptcy. In some ways, it is similar to a fraudulent transfer or fraudulent conveyance proceeding in that it … Read More

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