Recent News


Gerard to speak at OCBA’s Labor & Employment and Entertainment, Sports & Marketing joint meeting

Topic: Athlete Sponsorship in the Action Sports World: The “Bro Deal” is Dead!

Robert Gerard will be discussing the contractual provisions, terminology, and legalities of athlete sponsorship deals within the action sports industry, and the enforceability of non-competition agreements, notwithstanding California’s strong public policy against such agreements, when said agreements are imposed on individuals providing special, unique, and/or extraordinary services.

FSG Attorney Jennifer Stroffe Re-Elected to Executive Board of CREW-Orange County

FSG is pleased to announce that Jennifer Stroffe, real estate attorney, has been re-elected to the Executive Board of Directors of the Commercial Real Estate Women-Orange County (CREW-OC).  CREW-OC is a commercial real estate organization that provides its members various benefits such as educational programs, philanthropy opportunities, award nomination and recognition and networking opportunities among its commercial real estate members.   Jennifer was elected to fill the chair of Past President, following her service as the 2012 President of CREW-OC.  She was recently selected to be the “Member Spotlight” for CREW-OC.

Most recently, CREW-OC held its second annual CREW-OC SPIRE Awards, honoring superior performance in Orange County’s commercial real estate on February 28, 2013 at the Center Club with over 250 people in attendance, prestigious award nominees and winners and reputable sponsors.  Click here to view the Orange County Business Journal write up on CREW-OC including the SPIRE Award nominees

FSG Victorious in Obtaining Ex Parte Appointment of Receiver and Prohibitive Injunction

FSG attorneys Jim Stroffe, Jennifer Stroffe and Andrew Nelson successfully secured an order for injunction and appointment of a Receiver in a case involving multiple out-of-state defendants, with properties located in several different state jurisdictions pursuant to an ex parte application filed in the US Federal District Court for the Central District of California.  By immediately mobilizing its attorneys to simultaneously file a multiple count complaint consisting of over 100 pages and an ex parte application consisting of over 600 pages, FSG was able to obtain this extraordinary relief on an expedited basis despite the general reluctance of courts to issue appointment orders and numerous obstacles raised by defendants’ counsel.  At issue in this case is defendants’ intentional diversion of client funds and dissipation of client assets in excess of $15 Million.  In the order appointing the Receiver, Judge Guilford, among other things, vested the Receiver with the full and exclusive power, duty, and authority to administer and manage the defendants’ business affairs, funds, assets, choses in action and any of their other real and personal property – a huge victory by FSG’s legal team for its client.

FSG obtains order quashing service on its out-of-state clients

On November 6, 2012, FSG attorney Andrew Nelson successfully obtained an order quashing service of a summons on FSG’s clients. At issue in this commercial dispute was whether the Los Angeles Superior Court could exercise jurisdiction over FSG’s Nevada-based clients. Mr. Nelson argued that the firm’s clients did not have the requisite “minimum contacts” with California, such that exercising jurisdiction over them in this state would offend established constitutional principles. Following oral argument, Judge Dunn agreed with FSG, ruling that the evidence before it provided an insufficient basis to haul FSG’s clients into a California court.

FSG Real Estate Attorney Jennifer Stroffe to Speak at ICSC Western Division Conference

As any retail professional knows, this year’s International Council of Shopping Centers (“ICSC”) Western Division Conference is being held in San Diego from September 19th-21st.  This year’s ICSC conference theme is “Faster, Higher, Stronger” in honor of the London 2012 Olympic Games, and will include relationship building opportunities and educational seminars for attendees. As a former NCAA Division I volleyball player, Jennifer Stroffe, one of FSG’s “Real Estate & Construction” Practice Group members, was selected to participate on the educational panel entitled “Vaulting to Success – How Women have used Sports as a Foundation of their Career.”

Jennifer began her athletic career locally at Corona Del Mar High School where she was recognized as a 2-time first team All-American on its women’s volleyball team, winning  unprecedented back-to-back National Championships.  After leaving Orange County in 1994, she graduated from UC Santa Barbara summa cum laude; was named All-Big-West and Academic-All-American for UCSB’s nationally ranked NCAA Division I volleyball team in addition to earning her AAA beach volleyball rating; obtained her Masters’ degree from Michigan State in one year while starting for its nationally ranked NCAA Division I volleyball team; and graduated top of her class from Boalt Hall (UC-Berkeley) law school.

After beginning her real estate practice with the Los Angeles office of Latham & Watkins, a highly prestigious global law firm, Jennifer returned to Orange County to work in commercial real estate transactions in the Real Estate & Construction Practice Group at FSG.

Jennifer credits her ingenuity, work ethic and team approach in her legal practice, in large part, to her athletic training.

To view information on how to register for the conference or the panelists, go to: http://www.icsc.org/srch/mt/descs/2012WS/2012WS.pdf

FSG Real Estate Attorney Jennifer Stroffe Interviewed by CRE Radio

On June 27, 2012, Jennifer Stroffe, a member of FSG’s Real Estate & Construction Group, was interviewed by CRE Radio as part of a panel comprised of some of the nation’s top women leaders in commercial real estate on the topic “Can Women Break the Glass Ceiling on Commercial Real Estate?”  Jennifer was selected for her experience in the negotiation and closing of commercial real estate transactions and her role as the 2012 President of the commercial real estate industry group, CREW-Orange County, a local chapter of the national organization Commercial Real Estate Women Network that includes over 70 chapters and 8000 members throughout the US and Canada.

To listen to Jennifer’s interview on CRE Radio, go to: http://creradio.com/2012/can-women-break-the-glass-ceiling-on-commercial-real-estate/

FSG Defeats Insurer’s Motion for Partial Summary Judgment

On June 1, 2012, FSG attorneys, Jim Stroffe, Eoin Kreditor, Andrew Nelson and Jennifer Stroffe successfully defeated a motion for partial summary judgment filed against its client, a land developer. At issue was the question of insurance coverage. FSG’s client had been sued by several parties in connection with a development in San Bernardino. But when FSG’s client tendered the defense of these various matters to its insurer, the insurer denied coverage, claiming that the claimed damages arose out of the policy’s professional services exclusion, among other things. In the subsequent lawsuit between FSG’s client and the insurer, the insurer sought a ruling from the court confirming that its denial of coverage was proper. Judge Carney of the U.S. District Court, Central District of California, denied this relief. In the order, Judge Carney ruled that there were disputed issues of material fact, namely whether the damages arose out of the services that would be included under the relevant policy exclusion rather than ordinary, non-professional duties.

FSG Real Estate Department Negotiates Favorable Early Lease Termination

The FSG Real Estate Department successfully negotiated the early termination of a commercial lease for a San Diego based restaurant client, saving the client well in excess of $175,000 and avoiding costly litigation in the process.  Although the restaurant operations were underwater, the lease guaranty was amply supported by a healthy personal financial statement and there was an enormous emotional attachment to the business venture.  Through early intervention, intense negotiations with the landlord and a lot of empathy and emotional support, FSG Real Estate attorney Jim Stroffe was able to quickly complete the termination agreement reducing the client’s exposure to additional operational losses and minimizing the emotional turmoil experienced in the process.  Grateful for FSG’s efforts, our client remarked, “I have never said this to any attorney, but you are worth every penny you charge me.  Frame this!!!!!”

Coastal Commission Loses Another One

The residents of Bay Island in Newport Harbor have won an important battle against the California Coastal Commission.  They defeated an attempt by the Commission to take property rights from Bay Island and from the City of Newport Beach in violation of a previous court decision and of the California Coastal Act.

This victory is an important part of teaching the Commission and its staff that they are not above the law or above private property rights in California.  To read more click link to article

Orange County Business Journal Recognizes Jennifer Stroffe as a “Women In Business” Nominee

In the May 7, 2012 issue of the Orange County Business Journal, Jennifer Stroffe was recognized as a prestigious “Women In Business” Nominee.   Jennifer was nominated for her specialization in the negotiation and closing of commercial real estate transactions as part of the FSG Real Estate Group and for her accomplishments during her presidency of the commercial real estate industry group, CREW-Orange County.

To view Jennifer’s nomination in the Orange County Business Journal, go to http://www.cbjonline.com/a1ocbj/supplements/WIB_Guide_1205.pdf