California Local Counsel — A Law Blog

August 25th, 2014

Federal Litigation Section to Receive FBA Award

The Federal Litigation Section of the Federal Bar Association has been awarded the FBA’s prestigious Sections and Divisions Award for its stellar performance in 2013-2014. Section Chair Robert E. Kohn will accept the award from the FBA’s President, the Hon. Gustavo A. Gelpi, Jr. (U.S. District Judge, Puerto Rico). President Gelpi will present the award September 5, 2014 at the FBA Annual Convention in Providence, R.I.

Click here to learn more.

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July 2nd, 2014

SideBAR – News & Insight from the Federal Litigation Section of the Federal Bar Association (Summer 2014)

SideBAR is the newsletter of the Federal Litigation Section of the Federal Bar Association. Robert E. Kohn, Chair.

http://www.fedbar.org/Sections/Federal-Litigation-Section.aspx

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April 9th, 2014

Federal practice: New rules, new issues, and the changes you need to know.

Learn from the chief judges of three federal district courts and two national experts, including Robert E. Kohn of Kohn Law Group, Inc. It all happens May 5, 2014 at the U.S. District Court in New York, N.Y., including a lunch reception at the courthouse. Presented by the Federal Bar Association. Register now, at http://www.fedbar.org/Sections/Federal-Litigation-Section/Calendar.aspx

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March 27th, 2014

Conan the Barbarian IP Ownership Dispute Subject of High Court Petition

Stan Lee Media, Inc. has petitioned the Supreme Court of the United States to decide whether shareholders are entitled to due process after a corporation has entered bankruptcy – meaning, are the shareholders entitled to notice and a chance to be heard by the bankruptcy court?

Shareholders received no notice during the bankruptcy when the creditors and the debtor-in-possession asked for court permission to sell 100% ownership of holding company for the copyrights (and other intellectual property) relating to Conan the Barbarian.

Read the Petition for a Writ of Certiorari, or contact Robert E. Kohn at Kohn Law Group, Inc. to learn more.

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February 28th, 2014

Rule of Law Awards: Legal Justice Over Terrorism

To recognize a victory of the independent judicial process over international terrorism, the Federal Litigation Section of the Federal Bar Association has joined with the Southern District of New York Chapter of the FBA in presenting FBA Presidential Citations and Rule of Law Awards. The awards were presented in a ceremony at the federal district courthouse in New York.

Robert E. Kohn came from Los Angeles to present the awards to Alexander von Stahl and Bruno Jost of Germany, in honor of their perseverance — despite tremendous diplomatic and political interference — in bringing to trial a team of Iranian government assassins. Kohn is the national Chair of the Federal Bar Association’s litigation section.

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October 28th, 2013

False Claims Act Update: Whistleblower Statute Returns $20 for Every $1 Invested in Fighting Healthcare Fraud

A new report concludes that every dollar invested by the government in investigation and prosecution of federal health care fraud returns at least $20 back to the American people. The report comes from Taxpayers Against Fraud Education Fund, which is a nonprofit, public interest organization supported by successful whistleblowers and their counsel, as well as by membership dues and foundation grants.

Kohn Law Group assists whistleblowers and companies nationwide in False Claims Act actions involving government contracts and government programs at the federal, state and local levels. The firms’s Robert E. Kohn serves the Federal Bar Association as Chair of its Federal Litigation Section, and serves the American Bar Association on the editorial board of Litigation, the magazine of the ABA’s section of litigation. Before founding the firm in 2003, Kohn was a partner with McDermott, Will & Emery in Los Angeles. Kohn earned his undergraduate degree from Duke University, and he received his law degree from Duke (with honors) in 1992 before clerking for Judge Joel F. Dubina of the U.S. Court of Appeals for the Eleventh Circuit.

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October 22nd, 2013

SideBAR: News and insight from the Federal Litigation Section of the Federal Bar Association (Fall 2013)

SideBAR is the newsletter of the Federal Litigation Section of the Federal Bar Association. Robert E. Kohn, Chair.

http://www.fedbar.org/Sections/Federal-Litigation-Section.aspx

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October 12th, 2013

U.S. Court in California Ordered to Stay Open During Government Shutdown

In the U.S. District Court for the Central District of California, despite the federal government shutdown, the Chief Judge has ordered that judicial operations will continue. Even in the absence of an appropriation or continuing resolution by Congress, Chief Judge George H. King has ordered that all judicial functions are designated as “essential,” and that “All chambers and clerk’s office staff are directed to report to work during their regularly scheduled hours.”

The Court provides judicial services to nearly half the population of California, and the district is the largest in the United States. More than 18 million people live and work there.

http://www.cacd.uscourts.gov/news/order-chief-judge-re-government-shutdown

Kohn Law Group, Inc. is the law firm of Robert E. Kohn. Kohn serves the Federal Bar Association as Chair of its Federal Litigation Section. He also serves the American Bar Association on the editorial board of Litigation, the magazine of the ABA’s section of litigation. Before founding the firm in 2003, he was a partner with McDermott, Will & Emery in Los Angeles. Kohn earned his undergraduate degree from Duke University, and he received his law degree from Duke (with honors) in 1992 before clerking for Judge Joel F. Dubina of the U.S. Court of Appeals for the Eleventh Circuit.

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October 10th, 2013

Construction Industry Legal Alert – Arizona, California, Mississippi, New Mexico and Washington State

Federal Appeals Court Strikes Down State Law Favoring Subcontractors: Victory for Prime Contractor May Spell Relief for Other Contractors on California Jobs

Contractors who are having a hard time getting paid for the work they’ve done out-of-state just got some good news. On October 10, 2013, the U.S. Court of Appeals struck down the “stop notice” scheme in Mississippi, which spells relief for contractors with customers there and in other states — like California — that have a similar scheme.

Stop payment notices, under the laws in Mississippi as well as California and other western states, allow subcontractors to force a customer to withhold monies that a prime contractor has earned. A company called Noatex Corporation in Torrance, Calif. hired a subcontractor to install conveyor systems in Mississippi for a customer there. After the customer became dissatisfied with the subcontractor’s behavior on the job-site, and told Noatex that the subcontractor could no longer work there, the subcontractor issued a “stop notice” to the customer. The notice stopped the customer from paying Noatex.

Noatex turned for help to an experienced attorney in Los Angeles, its long-time outside counsel, Robert E. Kohn of Kohn Law Group, Inc., and enlisted Wise Carter Child & Caraway, P.A. in Mississippi for local representation. The legal team concluded that the stop notice procedure was unconstitutional, and the federal courts agreed. The U.S. Court of Appeals explained, the subcontractor’s notice — which operated to stop Noatex from receiving payment from its own customer — “deprives the contractor of a significant property interest, the right to receive payment and to be free from any interference with that right.” That violated the 14th Amendment of the Constitution of the United States. As a result, the stop notice was vacated, and the judgment declares that the notice has no effect on the money that the customer had withheld from Noatex.

A stop notice lasts indefinitely unless challenged in court or withdrawn voluntarily by the subcontractor, which means that going to court can be the only practical way for a prime contractor to get paid. The court rulings that invalidated the Mississippi law are now published. See Noatex Corp. v. King Constr., LLC, 864 F. Supp. 2d 478 (N.D. Miss. 2012), affirmed, — F.3d —, 2013 WL 5575468 (5th Cir. 2013). The stop notice law in the Noatex case was Section 85-7-181 of the Mississippi Code. In California, Section 8522 of the Civil Code authorizes a similar procedure. And similar laws are on the books in Arizona, New Mexico and Washington State. Now, contractors on jobs in any of those states can attack a stop payment notice in the same way that Kohn attacked the stop notice for Noatex.

Kohn assists clients nationwide in all kinds of contract and construction industry disputes. He also represents whistleblowers and companies in False Claims Act actions involving government contracts and government programs at the federal, state and local levels. Kohn serves the Federal Bar Association as Chair of its Federal Litigation Section, and serves the American Bar Association on the editorial board of Litigation, the magazine of the ABA’s section of litigation. Before founding the Kohn Law Group firm in 2003, he was a partner with McDermott, Will & Emery in Los Angeles. Kohn earned his undergraduate degree from Duke University, and he received his law degree from Duke (with honors) in 1992 before clerking for Judge Joel F. Dubina of the U.S. Court of Appeals for the Eleventh Circuit.

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March 26th, 2013

New L.A. office for Kohn Law Group in Santa Monica

Santa Monica, Calif. is the new home of Kohn Law Group, Inc. From its new office at 100 Wilshire Boulevard in Santa Monica, the firm continues to litigate entertainment cases and technically complex business disputes in federal and state courts, including qui tam “whistleblower” actions under the False Claims Act, in Los Angeles and in courts across the country.

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