Recent News


“Legal Briefing” enewsletter – May 2014

This communication is another tool that we use to inform our clients and colleagues of recent legal developments and useful concepts to help manage their business and personal affairs.

In this issue:

  • Article: “Infringement of Intellectual Property,” by Bryan M. Friedman (discover the boundaries to minimize financial exposure)
  • Article: “Selling Your Business: How to Bridge the Seller vs. Buyer Price Gap?”, by Martin C. Groh (creative thinking can yield large dividends for sellers)
  • Recent Engagements: To help clients understand ways that we can help them besides current matters, we briefly describe engagements of interest.  In this issue, we discuss “Wage & Hour Class Action” lawsuits.
  • Practice Profile: As a full-service business law firm, FSG represents its clients in a wide variety of business transactions and civil litigation.  This month we profile our Corporate & Business Practice Group’s services.

May 2014 issue

 

“Remember – Engage an Attorney to Review Your Lease” article by David King

This is the time of year when retailers and other business owners look carefully at their expansion plans for the upcoming year, begin scouting potential new locations, and perhaps even begin substantive lease negotiations with landlords concerning expansion, contraction, relocation and additional premises.  Surprisingly, many will not engage the services of a qualified attorney to assist with their substantive lease review, thus potentially exposing themselves to a host of possible financial and legal headaches down the road.   In addition to the basic financial terms of a lease (base rent, percentage rent, CAM, taxes, radius restrictions, tenant improvement allowances, etc.), there are dozens of other provisions contained in a lease that many small to mid-size retailers (and other tenants) do not think to even consider, let alone negotiate.  Read the full article.

Questions? Contact David at dking@fsglawyers.com.

“Time to Update Employee Handbooks” article by Gerard and Costanzo

We are approaching a new year in which new employment laws will go into effect.  In California, there continues to be a literal tsunami of cases in which specific legal requirements relating to meal and rest periods, work hours, leaves of absence, equal employment opportunity, and other employment requirements are at issue.   This can make it difficult even for those employers whose employee policies are well-updated to operate with minimal legal issues, and a potential litigation nightmare for the employer that neglects to stay on top of changes in laws and documenting key company employment issues and policies.   Read the full article.

Questions? Contact  Robert at rgerard@fsglawyers.com or Sally at scostanzo@fsglawyers.com.

FSG shows support at Surf Industry Manufacturers Association event

The Surf Industry Manufacturers Association (SIMA) 2013 “Waterman’s Ball” was held recently at the Ritz Carlton in Dana Point.  FSG partners Bryan Friedman and Robert Gerard attended on behalf of the firm.

“Waterman’s Weekend” raises funds for environmental groups that work on water quality issues, protect beaches and surf breaks, and offer ocean and conservation education.  Honorees included Fernando Aguerre (Waterman of the Year), Peter “PT” Townend (Lifetime Achievement Award), Jon Rose (Special Achievement Award) and Brandon Boyd of Incubus (Environmentalist of the Year).

Bryan Friedman at Agenda action sports trade show

The action sports industry’s “Agenda” trade show was held recently in Los Angeles with over 600 brands that appealed to a wide swath of youth culture showing lines under one roof. FSG partner Bryan Friedman attended on behalf of the firm.

According to Shop-eat-surf.com, Agenda’s Mike Carter, VP of Sales & Marketing, said it was Agenda’s biggest show ever.  Retailer and distributor attendance increased 40% vs. the January 2013 show.

Shop-eat-surf.com (for action sports executives) publishes Bryan Friedman article

Shop-eat-surf.com, a leading on-line source of business news and information for action sports executives, has published an article by FSG shareholder Bryan Friedman.  In the article “Infringement of Intellectual Property” Bryan explains:

“It is important for the creative people in the industry to understand the boundaries of fair interpretation, and not infringe on other people’s intellectual property. In recent years the following infringements have given rise to numerous claims and large financial liability.”  He then discusses key facts to know about trademarks, copyright and personal likeness.  Read the full article.

Contact Bryan with any questions at bfriedman@fsglawyers.com.

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 and Jennifer Stroffe 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 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