MARCH 2020 Recent Professional & Community Accomplishments

Paul C. Bauducco of our Business Litigation Sue Bendavid and Nicholas Kanter resolved Business Practice Groups Practice Group, and Family Law attorneys a multi-million dollar class action lawsuit filed Vanessa Soto Nellis and Melissa L. Mayer against our client, asserting a multitude of ▪ Business & Civil Li�ga�on (both Certified Family Law Specialists), wage and hour claims. After a lengthy prevailed at trial on a highly contested matter mediation and motion process, the court ▪ Commercial Finance concerning the valuation date for our client’s approved the final settlement, which will save community property business. The favorable the client millions of dollars in potential ▪ Corporate ruling eliminated millions of dollars in claims damages, fees, and costs. against our client and reduced the remaining ▪ Employment time necessary to try the remainder of the Barry Kurtz (Certified Specialist in Franchise & case, thus saving our client tens of thousands Distribution Law) and Katherine L. Wallman ▪ Environmental of dollars. completed franchise documents for our client’s sale of a 50 unit development deal to a Middle ▪ Franchise & Distribu�on Kira S. Masteller is working with two Eastern developer. In separate matters, Barry generations that own a business together. Kira and Kate are preparing license agreements for ▪ Health Care completed the parent’s estate planning to a local coffee retailer and the developer of a insure their stock in the corporation will be driver training program for the purchasers of ▪ Intellectual Property distributed at their deaths pursuant to the plan new automobiles and reviewed and updated agreed upon with the children. Kira also formed franchise agreements for our client’s renewal of ▪ Mergers & Acquisi�ons a buy-sell agreement so that in the event any of their business brokerage business. the shareholders die, the surviving members ▪ Real Estate have the right to buy the stock from the Tal Grinblat and Caitlyn Dillon overcame a deceased shareholder’s family so as not to difficult refusal from the Trademark Office for a ▪ Tax Planning have to continue in business with a deceased client who promotes jobs in the construction shareholder’s spouse or children. industry. The examiner alleged the client’s David G. Jones helped a retail client mark was confusingly similar to another successfully navigate the termination of its existing registration in the construction field. Tal Consumer Practice Groups CEO, whereby no additional compensation and Caitlyn conducted research of other similar beyond that outlined in the offer letter was paid, marks both registered and unregistered, and ▪ Family Law despite a demand for mid-six figures of provided the Trademark Office with over 27 additional compensation. exhibits in support of our client’s submission. ▪ Personal Injury Within days of filing the response, the David Gurnick (Certified Specialist in Examiner approved the mark for publication. ▪ Trust & Estate Planning Franchise & Distribution Law) represented a franchisee in negotiating an exit from the Mark J. Phillips (Certified Specialist in Trusts franchise agreement. David was able to use and Probate) and Alex J. Hemmelgarn the circumstances to negotiate a waiver from resolved a dispute before trial between our the franchisor in favor of the client of most of national trust company client and a beneficiary the post-term restrictions under the franchise who challenged the trustee’s final account and 818.990.2120 agreement. petition to terminate the trust. Mark and Alex’s Steven L. Feldman and Alex J. Hemmelgarn settlement efforts saved significant fees and lewi�hackman.com negotiated a settlement of a trust dispute costs for the trust. between two sisters involving complex issues Thomas Cecil of our Personal Injury Practice of the allocation of assets between two Group obtained a nearly one million dollar sub-trusts. The settlement allowed our client to criminal restitution award in a contested 16633 Ventura Boulevard stay in her residence of many years, and garnered substantial real property tax benefits hearing against a reckless driver who ran over Eleventh Floor and killed our clients’ wife, and mother of their Encino, California 91436 for our client as well. Steve handled the real estate transaction and Zane S. Averbach children. The driver refused to cooperate in our provided tax insights benefitting our client. civil lawsuit against him and never apologized or showed any remorse for his conduct. Based on his “no contest” plea, we were able to enforce the victims’ rights to restitution for the economic damages the perpetrator caused. Steven L. Feldman successfully settled a Jana G. Garrotto and Kyla A. Parrino helped three year contentious real estate partnership a married couple who discovered that their litigation matter involving the purchase and property had been inadvertently transferred at sale of two apartment buildings. The lawsuit Publications the time of a refinance, to be the separate involved claims for quiet title, fraudulent & Media Mentions property of one spouse when it should have transfer, investment fraud, mismanagement remained characterized as community and misappropriation of rents. property. By correcting this error, the couple San Fernando Valley Business Journal will be able to take advantage of the multiple Barry Kurtz and Matthew J. Soroky are New Power Lawyers benefits of community property ownership that working with a client in the purchase of a is provided for married couples in the state of franchised health and exercise business. Tal Grinblat featured California and prevent an issue caused by the Jana G. Garrotto and Kyla A. Parrino mischaracterization in future. Los Angeles Daily Journal worked with a private investigator to help their Open Competition: Trending Kevin E. Rex, Barry Kurtz, and Taylor M. Trustee successfully locate heirs to an estate Vernon are representing a long-standing who resided in multiple countries in order to Noncompete Litigation laundry franchisee in the sale of the provide them with statutory notice, as well as Nicholas Kanter and Tal Burnovski businesses to its franchisor. In other matters, to establish the identity of a deceased owner Yeyni, authors Barry and Taylor are working with separate of real property relevant to the matter, who had clients in the purchase of a home care and used multiple aliases, whose confirmed San Fernando Valley Business Journal nationally-branded hotel franchises. identity was required in in order to Petition the court to transfer ownership of the real property Parsing AB5’s Impact Mark J. Phillips and Lani Fu formed to the Trust. Sue M. Bendavid and Tal separate, anonymous title-holding trusts, managed by an independent professional David G. Jones successfully resolved two Burnovski Yeyni quoted trustee, on behalf of a buyer who was wage and hour matters, one civil action and aggregating real property purchases in a one before the Labor Commissioner, each for Valley Lawyer (San Fernando Valley specific area of Los Angeles. The anonymity less than 50 percent of the actual wages and Bar Association) allowed our client to obtain fair, market value penalties demanded. The Buck Stops Here: What You sale prices. Tal Grinblat and Katherine L. Wallman Owe Your Employees (MCLE article) Vanessa Soto Nellis took over a matter for a overcame a refusal from the Trademark Office David G. Jones, author client who previously retained ineffective contending that a client’s mark in the computer counsel who did not move the case forward. software field was confusingly similar to San Fernando Valley Business Journal Vanessa convinced opposing counsel to another registration in a related, but different California Labor and Employment - agree to use a joint forensic accountant to field. By going through the DuPont Factors (a keep costs down. The issues involved spousal 1973 case which established the standard for A Rountable Discussion support on a long term marriage and division determining likelihood of confusion) and Sue M. Bendavid, participant of significant assets. Though our client was explaining to the examiner the differences in prepared for trial, the parties were able to the parties’ channels of trade and respective Franchise Law Journal (The American reach an amicable resolution. goods and services, the examiner was Bar Association) persuaded to approve the mark for David Gurnick is working with several clients publication. Compelling US Discovery in to comply with the California Consumer International Franchise Privacy Act. This includes review of data Sue M. Bendavid conducted several Arbitrations: The (F)utility of collection practices and updating websites to harassment, discrimination and bullying Section 1782 Applications comply with new rules. The CCPA establishes prevention trainings for various clients. The for certain larger businesses a consumer’s trainings are required for most employers with Matthew J. Soroky, author right to know what information is collected workers in California. about them, why it is collected, a right to San Fernando Valley Business Journal Barry Kurtz, Tal Grinblat and David Gurnick require deletion of information about them, to were all recertified as Certified Franchise Flexibility for Franchisers in the opt out of having their information be sold, and Executives, a distinction conferred by the New Economy various other rights. International Franchise Association. David Gurnick, quoted Kira S. Masteller represents the Trustee of a Zane S. Averbach participated in the Valley Trust for an adult child with creditor issues – Community Legal Foundation’s (VCLF’s) Valley Lawyer (San Fernando Valley the parents did not want their beneficiary’s program, The Constitution and Me, which Bar Association) creditors to have access to their funds. Now strives to provide constitutional education to Attending to Medicare: What that the parents have passed away, the local high school students. The annual Clients Need to Know Trustee is able to invest the assets and pay program joins the students with two attorneys the beneficiary’s expenses without ever and a bench officer, in an effort to discuss our Jana G. Garrotto, author actually giving funds to the beneficiary. This country’s fundamental legal principles and the keeps the assets safe from the beneficiary’s issues that may threaten them. The students Los Angeles Daily Journal creditors, while still benefitting the beneficiary. participate in an essay contest upon Adaptable - US Magistrate Judge completion of the program – winning essayists Listens to Attorney Input on Case Sue M. Bendavid and David Gurnick are receive scholarships provided by the VCLF. working with clients in several industries to Management establish best practices to address David G. Jones quoted employment related issues, as well as franchisor-franchisee and customer services KPCC’s AirTalk with Larry Mantle issues raised by the Coronavirus crisis. This There’s an Increased Market for includes being in contact with the Centers for Sexual Harassment Training Videos Disease Control & Prevention regarding the Sue M. Bendavid, guest latest developments.