We Are Gupta Evans & Ayres
Building partnerships and supporting our fellow lawyers in areas of Bankruptcy, Corporate Litigation, and Real Estate Law.
I came to Ajay with a complicated and stressful real estate case. I interacted closely with several lawyers during the course of this case, and I was exposed to a range of people in the legal profession. It was very apparent to me that Ajay and his team are at the better end of the spectrum, representing their profession with the utmost integrity.
-Nicole A., San Angelo, TX
When is a Broker Entitled to his Commission Fee – An Examination of the ‘Procuring Cause’ Requirement in California
/in All Blog Posts, Corporate Litigation, Real Estate/by Dylan ContrerasMost, if not all, California real estate brokers (and agents) earn a living by helping people buy and sell homes. Brokers are often paid on a commission basis, usually 2%-3% of the sales price, and do not enjoy the luxury of a steady, bi-weekly paycheck. Given the “feast or famine” nature of the industry, brokers often find themselves in a commission fee dispute with another broker or their client.
Standing to Sue: Possession vs. Ownership of Trade Secrets
/in All Blog Posts, Corporate Litigation/by John AhnTrade secrets encompass a unique area of intellectual property law that where protection is granted without any formal filings. Unlike patents, trademarks, and copyrights, which generally require filing an application with a government office, trade secrets are protected via—you guessed it—secrecy.
Debtor’s Motion to Dismiss v. Creditor’s Motion to Convert In Chapter 13—The 9th Circuit’s Ruling in In Re Nichols
/in All Blog Posts, Bankruptcy, Corporate Litigation/by Dylan ContrerasOn September 1, 2021, the Ninth Circuit issued its ruling in the case of In Re Nichols. The Circuit Court held that a debtor has an absolute right—without exception—to dismiss his Chapter 13 bankruptcy case under Section 1307 (b) of the Bankruptcy Code. In reaching its holding, the Ninth Circuit departed from an established precedent that when the bankruptcy court is confronted with a debtor’s motion to dismiss under Section 1307 (b) on the one hand, and a creditor’s motion to convert under Section 1307 (c) on the other, the court may convert the case from Chapter 13 to a Chapter 7 proceeding if there is evidence of bad faith or abuse of the bankruptcy process by the debtor. In Re Nichols is a significant and impactful holding in the Ninth Circuit because it informs all bankruptcy practitioners and creditors that even when a debtor has abused the bankruptcy process and engaged in bad faith, the debtor may escape the consequences of his actions by filing a motion to dismiss, which, according to In re Nichols, the court must grant.
In Trusts We Trust?: Applying the Alter Ego Doctrine to Trusts
/in All Blog Posts, Corporate Litigation/by Jake Ayresjudgment creditor may “pierce the veil” of a trust to reach the settlor behind that trust are a bit quirkier.
Landlord’s Limitations in Preventing Tenant’s Sale of Business
/in All Blog Posts, Real Estate/by John AhnLandlord-tenant relationships can be difficult. What should be a relatively simple relationship based on contractual obligations often turns sour. To make matters worse, COVID-19 has created a litany of financial problems worldwide which has further strained already stressful situations. Due to the pandemic, many small businesses have struggled to make rent if not already completely shuttered. Some business owners have been able to successfully sell their business or find a new lessee to take over their tenancy to make ends meet. However, some business owners, due to unreasonable landlords, have been unable to sell their business and are stuck in a strange predicament where they are seemingly forced to slowly bleed out money.
Civil Litigation To Remain On Zoom In CA
/in All Blog Posts, Corporate Litigation/by The Gupta Evans & Ayres TeamCivil Litigation to remain on Zoom in CA – S.B. 241 makes it official – we’ll be arguing over Zoom well into the future. What does this mean for your trial efficacy?
What Senate Bills 9 & 10 Mean for Attorneys in San Diego
/in All Blog Posts, Corporate Litigation, Real Estate/by The Gupta Evans & Ayres TeamCA Senate Bills 9 and 10 ease regulations and zoning to facilitate the construction of more housing. What will this mean for CRE in our city especially as it pertains to Real Estate law?
FTC x Influencer: the FTC’s Rules on Influencer Marketing Disclosures
/in All Blog Posts, Corporate Litigation/by John AhnThe rise of social media has facilitated the birth of influencers, and over the past several years, influencer marketing has ballooned to become a multi-billion-dollar industry according to various sources. (See https://www.shopify.com/blog/influencer-marketing-statistics#7.) It comes as no surprise that the FTC has already extended advertising rules into the world of influencer and social media marketing. This article will explore the rules around influencer marketing, specifically on brand/influencer collaborations.
An Offer You Can’t Refuse, Part II: No Cash, No Claim
/in All Blog Posts, Corporate Litigation/by Jake AyresIn a previous article, I discussed the often blurry line between permissible pre-litigation communications and constitutionally unprotected extortionate demands. However, one important dimension of the civil extortion universe was left unaddressed there—that is, no claim for civil extortion can lie unless the victim actually pays the extorter.