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
Meet Ajay Gupta – Founder
/in All Blog Posts/by The Gupta Evans & Ayres TeamAll the Law Updates in the world can’t convey who we are as well as a 1:1 interview with Ajay Gupta.
Famous Bankruptcy Cases
/in All Blog Posts, Bankruptcy/by The Gupta Evans & Ayres TeamIt can happen to anyone (and it does) bankruptcy is not reserved for any one demographic. Here’s a lighthearted overview of some celebrities who have weather Chapters 7 & 11 and come out the other side.
Chapter 420, Part II: Closing the Book on Cannabis-Adjacent Bankruptcy
/in All Blog Posts, Bankruptcy, Cannabis, Corporate Litigation/by Jake AyresHowever, the In re United Cannabis case ended not with a bang, but with a whimper. On January 12, 2021, after approximately eight months of consideration, Bankruptcy Judge Joseph G. Rosania, Jr. of the District of Colorado issued a one-page ruling dismissing[1] the bankruptcy petition “pursuant to 11 U.S.C. § 1112(b) and . . . finding good cause.” In so doing, he snuffed out any hope that the District of Colorado could become a hub for hemp businesses that dabble in cannabis to successfully pursue chapter 11 bankruptcy.
Back to the Futile: California Court of Appeal Expands Breadth of “Futility Exception” to Prerequisites to Mandamus Claims in Land Use Cases
/in All Blog Posts, Corporate Litigation/by Jake AyresA recent land use decision of the California Court of Appeal has eased one of the many burdens experienced by developers seeking to challenge a public entity’s permit denial. In an opinion by Judge Tangeman, the Second Appellate District reinforced the strength of the “futility exception” to the legal prerequisites in mandamus actions.
Employer’s Liability for Independent Contractor’s Copyright Infringement
/in All Blog Posts, Corporate Litigation/by John AhnYou just hired a young web designer as an independent contractor to revamp your website. After struggling through the creative process, you and your web designer ultimately come to a decision on the final product, and you launch your site. However, a few months later, you receive a letter from the Law Office of Koppi & Wright, PC accusing you of infringing on its client’s intellectual property—specifically pointing to a few graphics and photographs scattered throughout your homepage. Koppi & Wright demands that you remove the graphics and photographs from your website or else it will file a lawsuit against you and your business for copyright infringement.
Checking In On The Status of Residential and Commercial Leases in California
/in All Blog Posts, Corporate Litigation, Real Estate/by Chris EvansVaccines are being administered, indoor and outdoor activities are beginning to resume throughout California and it would appear that life is starting to get back to normal. Well, not quite. Before you get ahead of yourself, a litany of COVID-related protections remain in place, namely in the landlord-tenant arena. The below is a quick refresher on the state of landlord-tenant protections in California, all of which must be considered before you seek to return to business (and evictions) as usual.
Bid Protests and Damages Availability
/in All Blog Posts, Corporate Litigation/by Jake AyresYou’re a seasoned litigator and an aggrieved, hardworking contractor comes into your office (or your Zoom room). His recent proposal to the City, which was prepared with painstaking detail and offered the lowest bearable price, was rejected—unfairly, the contractor says. Instead, the City awarded the contract to the contractor’s bitter rival, Dewey/Cheatham, who appears to have a cozy relationship with the City manager. The contractor got second place.
MORE Legislation, MORE Problems: The MORE Act to Legalize Cannabis Passes the House
/in All Blog Posts, Cannabis, Corporate Litigation/by Jake AyresOn December 4, 2020,1 the United States House of Representatives made history and voted to federally legalize cannabis for the first time by voting to pass the Marijuana Opportunity Reinvestment and Expungement Act (the “MORE Act”). Although the MORE Act still has to pass the historically cannabis-unfriendly United States Senate, the House’s quick action to pass a sweeping legalization bill in a time of presidential transition could signal greater legislative efforts to resolve the federal-state tension over state-legal cannabis.
Contracting Around the Discovery Rule? Don’t be SOL
/in All Blog Posts, Corporate Litigation/by Dylan ContrerasIn legal practice, all lawyers stress about blowing deadlines. Perhaps the most popular deadline that keeps lawyers up at night is the statute of limitations. The statute of limitations is a legal principle that requires parties to file their legal claims within a specific time. An exception to the statute of limitations is the discovery rule. The discovery rule provides that the statute of limitations for a legal claim does not begin to accrue (or start) until the injured party either (1) discovers their injury or (2) should have discovered their injury through reasonable diligence. In short, the discovery rule is an effective counter to the statute of limitations defense.