Archive for January, 2012


Cummins & White Named to Orange County Business Journal’s List of Largest Law Firms in Orange County

By rene

Thursday, January 26th, 2012

FOR IMMEDIATE RELEASE…Jan. 26, 2012…NEWPORT BEACH, CALIF.…Cummins & White, LLP, a well-known diversified full-service business and insurance law practice, has been named to the Orange County Business Journal’s 2012 list of the largest law firms in Orange County.  Cummins & White made the list, ranking No. 46 with 20 attorneys.  Additionally, the firm was recognized [...]

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The Problem With Irrevocable Trusts

By Robert Lamm

Thursday, January 26th, 2012

The problem with irrevocable trusts is that, well, they are irrevocable.  Once executed, an irrevocable trust may only be amended on rare occasion, and in most cases, only upon court order.   Life happens and sometimes the Trustee is faced with a situation that was not contemplated by the creators of the trust when they signed [...]

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Do I Get a Second Chance Under California’s New Mechanics Lien Law?

By James Denison

Wednesday, January 25th, 2012

Under California’s existing mechanic’s lien laws, a contractor must record a claim of lien either (i) within 90 days of the completion of work or (ii) within certain specified days after the owner records a notice of completion or cessation (60 days for direct contractors, 30 days for all others).  The contractor then has another [...]

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Succession Planning in Turbulent Times—Operating Companies Need an Operator

By Fred Whitaker

Thursday, January 19th, 2012

If you have a lawyer, a CPA, or a financial planner, you have probably been inundated in the last few months with urgent calls, e-mails, newsletters and the like imploring that you take action. The five million dollar per person ($10mm husband & wife) lifetime exemption is set to expire at the end of this [...]

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Lien Claimants May Stand Strong in the Face of Anti-Slapp Actions

By Bethelwel Wilson

Wednesday, January 18th, 2012

A recent California case reinforces the principle that project owners are prevented from suing mechanic lien claimants for slander of title simply because a claim is later found to be non-meritorious (lacking sufficient evidence). In Alpha & Omega Development, LP v. Whillock Contracting, Inc., 200 Cal.App.4th 656 (2011) a project owner sought slander damages against [...]

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New Law Affecting California Employers (Effective January 2012)

By James Wakefield

Wednesday, January 18th, 2012

Labor Code Section 2810.5 (AB 469) requires employers to issue a notice to all new non-exempt employees effective January 1, 2012. The notice should contain all of the following information: “At the time of hiring, an employer shall provide each employee a written notice, in the language the employer normally uses to communicate employment-related information [...]

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Hayes Appointed to State Bar’s Non-Profit and Unincorporated Organizations Committee

By rene

Thursday, January 12th, 2012

Partner Jim Hayes has been appointed to the State Bar of California’s Association’s Non-Profit and Unincorporated Organizations Committee.  He was appointed by the Executive Committee of the Business Law Section and will serve a three-year term. The Committee’s Mission: “The Nonprofit and Unincorporated Organizations Committee reviews and initiates legislative, administrative and judicial developments regarding such [...]

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You Can’t Take It With You

By Robert Lamm

Wednesday, January 11th, 2012

When you die, you can’t take it with you, but perhaps you can do some good with the assets that you leave behind.  This was the topic at the 46th Annual Heckerling Institute Conference presentation called “What Every Estate Planner Needs to Know about Tax-Exempt Organizations and Charitable Gift Planning.” Tax –Exempt Organizations and Charitable [...]

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Tax Controversy & Federal Tax Litigation

By gali

Wednesday, January 11th, 2012

FIRST TRUST DEED POSITIONS SECURED FOR BANK DESPITE IRS TAX LIEN & PENDING FORECLOSURE Highlights Cummins & White, LLP, successfully represented two banks in a case involving an IRS tax lien and pending foreclosure of two homes, ensuring the banks first position and maximizing recovery of their lien interests (including principal and interest). Cummins & White successfully negotiated [...]

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You Say Mechanic’s Lien, We Say Mechanics Lien

By Patty League

Wednesday, January 11th, 2012

The big buzz and concern in the construction industry are the new laws, some of which have already taken effect and the balance or bulk taking effect July 1, 2012.  The complete Mechanic’s Lien Law has been recodified under Senate Bill 189.  By the way, that apostrophe I used in the word Mechanic’s that we’ve [...]

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