Brian Chase

/in /by
Leaders in Law endorses Brian Chase as our exclusively recommended Personal Injury Law expert in USA, California. If you wish to get in touch with Brian please use the contact information provided above.

Managing Partner, Senior Trial Lawyer

Nationally known and top rated auto defect and California personal injury lawyer Brian D. Chase serves injured plaintiffs with trust, passion, and results.

What Being An Injury Advocate Means to Brian Chase

Assisting injured people to obtain justice from big corporations when they manufacture dangerous products that cause injuries due to placing profit over safety.

Helping accident victims collect what they are due from insurance companies that believe they are solely in business to collect premiums, as opposed to the business of paying valid claims. The satisfaction of helping someone recover their life after an accident or injury, especially one from the wrongdoing of others. This is what matters most to Brian Chase.

About Brian D. Chase

Brian Chase is managing partner and senior trial attorney that heads up the litigation department of the firm. Mr. Chase was named Litigator of the Year, Top 1% by the Natl. Assoc. of Distinguished Counsel, Litigator of the Year by the AIOTL and Top Plaintiff Lawyer, Daily Journal, Lawyer of the Year,  Million Dollar Advocate, American Academy of Attorneys $500M Club, Best Law Firm, and dozens of other top-rated honors.

He was the former President of the Consumer Attorneys of California and is a Past President of the Orange County Trial Lawyers Association. He is a current member of ABOTA, an organization that upholds the highest standards of trial attorneys. In 2014 he was named Trial Lawyer of the Year in products liability by the Orange County Trial Lawyers Association.

He is listed as one of the Top 100 Trial Lawyers by the American Trial Lawyers Association since 2007. He’s also been listed as the Nation’s Top One Percent by the National Association of Distinguished Counsel. He’s earned the title of Southern California SuperLawyer since 2007 and a Top 50 Orange County SuperLawyer for the past 15 years.

Brian is a board member of the Brain Society of California which was established to help those who have suffered a serious traumatic brain injury. He is also a member of The Trial Lawyer Institute and Diversity Law Institute.

In 2009, Mr. Chase had his book “Still Unsafe at Any Speed”- dealing with the auto industry and defective vehicles, published. He released an update in 2019 titled, “The Second Collision”, a follow-up about the catastrophic injuries and wrongful deaths caused by auto defects. He is a frequent lecturer nationwide on litigation-related topics and has been a frequent guest on radio and television, including appearances on “CBS Special Reports,” “Peter Jennings/World News Tonight,” “Fox 11 News” and “America’s Best Lawyers.”

Brian was the lead attorney on four important, precedent-setting appellate opinions: Martinez-Mazon v. Ford Motor Company (auto products defect case dealing with Forum Non-Conveniens); Romine v. Johnson Controls (auto products defects case dealing with consumer expectation test for proving defect); Schreiber v. Estate of Kiser (California Supreme Court case dealing with expert witness designations); and Hernandez v. State of California (dealing with governmental design immunity). Brian Chase is a passionate personal injury attorney who understands what you are going through and will protect your rights.

Brian focuses his efforts on auto defects and defective or dangerous products. He’s made a name for himself fighting some of the biggest corporate giants in the name of fairness to his clients. From car defects to consumer products that fail to warn or harm, Brian is the man for the job.

“I specifically went to law school to become a personal injury trial attorney. It is what I love, what I do, and what I am.” – Brian Chase.

Firm Description:

This handcrafted mission statement is the Bisnar Chase guide to the representation we provide. It sets the service standard you can expect from us, explaining what we do and why we do it.

  • “provide superior client representation…” means providing you the highest quality of representation in our industry. It means being relentless on your behalf. It means being efficient in getting you the largest recovery your circumstances allow.
  • “in a compassionate and professional manner…” means being sensitive to your situation and understanding your needs. It means accomplishing your goals in accordance with the highest standards of our industry. It means representing you with dignity and class.
  • “while making our world a safer place…” means the work we do for you adds to the common good. What happened to you will be less likely to happen to someone else because you partnered with us to hold the wrongdoer accountable. By holding wrongdoers accountable, we encourage people to be responsible for their actions, we encourage manufacturers to build safer products, we encourage employers to treat their employees fairly and we encourage governments to properly carry out their duties. By holding wrongdoers accountable there will be less wrong-doing and our world will be a safer, gentler place for us all.

What Makes Us Different?

There are plenty of law firms operating throughout California and no doubt, many attorneys near you, but not all provide the same quality of representation and care. At Bisnar Chase, we believe that our track record sets us apart from the crowd.

The passionate representation of people like you is what makes us different. From your first phone call on, you will feel the passion our team has for taking care of you and for winning your case. You will sense that we are your legal dream team.

Our outstanding statistics, awards, and reviews provide a signal of the quality representation that we provide. But they are secondary to seeing the impact we have on the lives of our clients.

  • Passion is winning your case when others said it couldn’t be done.
  • Passion is convincing the insurance adjusters or a jury that you were right all along.
  • Passion is collecting every cent your case, the law, and circumstance allow.

Best Place to Work

Bisnar Chase has been named one of the Best Places To Work by the Orange County Business Journal every year since 2012. What that means is the Bisnar Chase team has a great working environment and is highly engaged and motivated.

It is John Bisnar’s belief that well-taken care of, highly engaged, and motivated team of employees working in a cooperative team environment will result in superior representation and great results for the clients.

The quality of service that we provide depends on the skill and passion of our staff. Each Bisnar Chase team member shares a passion for helping people, and working tirelessly to make sure justice is done. We have assembled a top quality team filled with skilled workers and, just as importantly, good people. We love what we do, and take our responsibility seriously.

You can tell how well our team works by our office awards. In addition to nine consecutive Best Places to Work awards, we have also won “Community Hero” awards, “Best Lawyer” awards, and take part in a range of charity ventures each year through our extensive Giving Back program.

What you cannot tell until you call us or meet with us is how well we take care of our clients. You will be surprised at the level of personal service and professionalism you experience. You will be surprised how much your mind can be put at ease when you are comfortable and trust your legal team.

Give us a call. Check us out for yourself. You will immediately experience the difference that passionate representation makes.

Plaintiff’s Attorneys Representing You

We represent people in California who have been seriously injured or lost a family member due to an accident or a defective product. We also represent people who have been denied employment rights.

We bring those who have been negligent to justice, while helping to make sure victims are made whole.

Our law firm consists of nine attorneys divided into four litigation teams. Each litigation team is led by an experienced personal injury trial lawyer and includes a combination of paralegals and legal assistants.

Brian Chase is our chief litigator and is the winner of multiple Attorney of the Year awards. He manages the litigation teams and is the lead litigator in our largest and most challenging cases.

Many of our other attorneys have also won major awards, and our team has the resources to take on even the toughest cases and claims.

The Bisnar Chase Story

Where does our “passion” come from? John Bisnar started this law firm right out of law school in 1978. John went to law school believing a legal education would serve him better in a business career than earning another business degree. In his first month of law school he was seriously injured in a traffic collision by a negligent driver.

The attorney who represented Mr. Bisnar, one of his law school professors, did a poor job representing him. From that experience John learned what it was like to need and depend upon an attorney for quality professional assistance and not get it. The professor was a famous personal injury attorney, yet John knew he could do a better job for clients.

Due to that experience, Mr. Bisnar vowed that his clients would get the quality of professional service that he wished he had received. With that vow, Mr. Bisnar started Bisnar & Associates, a firm that he successfully operated for twenty years.

In 1998, that firm evolved into Bisnar Chase with Brian Chase leading the litigation team and Mr. Bisnar focusing on our clients’ needs, ensuring we live up to the vow. Today we serve a couple of hundred clients at a time. And we work to live up to the vow each and every day.

Based in Orange County and serving the whole of California, Bisnar Chase is a top-rated law firm. We have built a strong reputation by serving more than 12,000 clients with a 99% success rate, winning in excess of $700 million in verdicts and settlements. We take on cases including car accidents, motorcycle wrecks, slip and fall injuries, dog bite claims, product liability accidents, employment law cases, and many more. We don’t even need to be near you as most of the case can be handled by phone, Zoom and email. Guarantee: If we don’t win your case, you don’t pay.

We are a proud member of the National Chamber of Commerce as well as several local chapters. We have an A+ rating with the Better Business Bureau.

 

Steven Wilhelm

/in /by
Leaders in Law endorses Steve Wilhelm as our exclusively recommended Trusts & Estates Law expert in USA, California. If you wish to get in touch with Steve please use the contact information provided above.

Practice Areas

  • Contract Review, Preparation and Negotiation
  • Litigation in State or Federal Court
  • Patent, Copyright, and Trademark Issues
  • Partnership Contract Creation and Review
  • Corporation, S-Corp, and LLC Creation
  • Lease Review and Creation
  • Real Estate Matters and Issues
  • Limited Partnership Contracts
  • Basic Employment and Labor Law Issues
  • Turnarounds, Financial, and Tax Issues
  • Startup, New Venture, and IP Issues
  • Angel and Venture Capital Agreements and Negotiations
  • Trusts, Estate, and Related Tax Issues
  • Damage Control and Reputation Management
  • Opening, Expanding, or Franchising Your Operation

San Diego’s Trusted Business Advisor

Whether you are the CEO of a multinational corporation or running a small family business, you face the same business and legal challenges. Regardless of the size of your company or your revenue, your decisions and actions will always have an impact on the future of your business. The Law Offices of Steve Wilhelm is San Diego’s trusted business law firm. Offering a wealth of business expertise and a legal depth to handle all of your needs, we combine big firm resources with the personal attention and affordability of a boutique firm to offer you the best legal guidance for your business.

We help ensure you make the right moves and achieve exceptional results. Our firm has substantial experience serving both small business and larger corporate clients, from simple incorporation to mergers and acquisitions.

Helping you to stay within the lines

We help ensure you make the right moves and achieve exceptional results. Our firm has a substantial experience best San Diego Business Advisor, serving both small business and larger corporate clients, from simple incorporation to mergers and acquisitions.

  • Formation of corporations – limited liability companies (LLC), formation of limited liability partnerships (LLP), formation of general and limited partnerships, and assorted joint ventures and other associations and combinations.
  • Corporate governance issues, including annual meetings, resolutions, record keeping, and other requirements to limit personal liability.
  • Contract negotiation, drafting, and review.
  • Employment Law Issues and Resolution.
  • Business disputes and business litigation, including partnership disputes and shareholder disputes and other similar issues.
  • Stock option plans, stock purchase plans, and other employment incentives.
  • Promissory notes, security agreements, and other loan transactions.
  • Financing issues and Resolution.

Our lawyers have substantial expertise in business organization, tax law, employment law, commercial real estate, financing, and intellectual property law. Our attorneys provide transactional services as well as strategic advice for almost any legal issue a business may encounter.

The world of business is always changing. Our business lawyers read the updates and changes to the law, and combine a wealth of experience and knowledge of the most recent issue and developments as they relate to obtaining solutions for the client. Also, we have an extensive network of specialists in all areas of the law to include on your team, no matter what the legal issue. We are much more than just a law firm; we are a partner in your success. We represent your best interests to build and protect your business dreams.

What sets our firm apart from other attorneys who practice in the same areas?

Dogged Tenacity-We bring to the practice of law the same dogged tenacity that the owner of the firm, Steven H. Wilhelm, used in order to achieve ranking in the top two in the world in his sporting events prior to entering into the practice of law. This same drive and determination referenced is used and applied to secure the best possible results for our clients.

Our approach is passionate on our client’s behalf, yet rational through the use of the power of positive mental attitude towards achieving the best possible result in what is often times some of the most negative factual settings that a client will have to deal with in the client’s entire lifetime.

Awareness and Corresponding Preparation – We bring into our representation an awareness from many years of experience (going on 39, presently) that there is always someone else out there smarter, faster, quicker, more articulate, better at arguing, or more dogged and/or more tenacious than you are, and we use an approach that demands the kind of preparation to meet and deal with that exact opponent on each and every assignment.

We provide a customized representation at pricing that our competition, whether they be big firms, middle size firms or small firms, cannot match.

 

John J. Camozzi

/in /by

Sometimes a business may find itself in an an unfamiliar position of growth or of transition into a challenging new phase of the business or product life-cycle.  John holds an MBA in international management with an emphasis in banking and has been called upon by his clients to provide leadership to create and preserve shareholder wealth while helping the ownership and management teams grow into the company.  His business experience includes:

  • President of technology driven industrial materials handling equipment company managing growth from startup to $15M in two-years and $50M in four-years.
  • President of industrial sales company responsible for the wholesale trading of industrial equipment, recovered recyclable industrial metals and precious metals.
  • President of corporate aircraft holding company responsible for fleet of business jets including acquisition, acquisition financing, FAA registrations and compliance, dry leasing, time-share leasing, flight log audits, tax reporting and audits, pilot and maintenance crews, hangar leasing and jet engine maintenance service plans.
  • Board member appointed by technology partner in multiple joint venture operating partnerships with public companies and private equity firms in automobile and electronic scrap recycling and landfill reclamation projects.
  • Interim Chair of cash-flow insolvent party-plan merchandising company in managing the company through a liquidity event to protect over 8,500 jobs across the United States and Canada, conducting the acquisition transaction, winding up all international operations, and returning capital to the shareholders on dissolution.

BAY VENTURE LAW:

Bay Venture Law builds and grows privately held companies. We focus on the business and legal affairs of early stage, growth and middle market companies with an emphasis on complex business transactions in the fields of industrial recycling, clean energy and disruptive technologies. We understand the nuanced interrelationships of ownership, finance, management and operations. Our unique combination of business and legal expertise enables us to build lasting relationships, manage risk and create wealth.

 

Jessica Staheli

/in /by

Jessica Staheli is Executive Vice President of Scherzer International (SI), which has been providing specialized background reports since 1993. Jessica has over fifteen years of experience in background due-diligence and oversees SI’s business development and account management. Jessica serves on SI’s board of directors and is committed to partnering with clients to ensure that they receive the highest quality of service and information.

SI helps clients manage their risk with background reports for employment screening, business transactions and client acceptance. We offer a portfolio of scalable and customized reports for business transactions, client acceptance, employment and regulatory compliance. With a global scope of resources, SI works with clients all over the world to provide the best information available.

Our global client base covers a wide variety of industries including:

-Law Firms
-Asset Management
-Commercial Banks
-Investment Banks
-Asset Based Lenders
-Private Equity Funds
-Accounting Firms

Scherzer International’s core philosophy is to deliver an outstanding report and client experience to every client we partner with. We distinguish ourselves as an industry leader through the following:

-Proven Research and Quality-Control Procedures
-Easy to Read, Actionable Reports with Executive Summaries
-Data Security and Information Privacy
-Exceptional service, including immediate alerts and individualized daily progress updates
-Transaction-Specific Expertise including loans, investments, employment, and client acceptance

FIRM DESCRIPTION

Scherzer International (SI) has been providing specialized background screening reports since 1993. Our global clients include commercial and investment banks, private equity funds, and many of the largest law and public accounting firms in the world. With a distinct portfolio of scalable, purpose-specific reports for business transaction due diligence, client acceptance or continuation, employment and regulatory compliance, our services have proven essential for informed decisions and sustainable risk-management.

Hands-on involvement by all company executives, including SI founder and CEO, Larry Scherzer, bring together top-level experience from public accounting, banking, due diligence, insurance, technology and human resource sectors.

Robert Freitas

/in /by

Bob Freitas is a founding partner of Freitas Angell & Weinberg LLP. Bob was a partner in the Antitrust, Intellectual Property, and Litigation practice groups of Orrick, Herrington & Sutcliffe LLP from 1984 to 2011. He is a versatile trial lawyer who focuses his practice on antitrust and competition counseling and litigation, intellectual property litigation, representation of policyholders in insurance coverage claims and litigation, and complex litigation for technology companies.

Bob is listed in The Best Lawyers in America© in Patent Law.

He is a member of the Executive Committee of the Antitrust and Unfair Competition Law Section of the State Bar of California.

Bob’s notable representations include the following:

  • In re TFT-LCD (Flat Panel) Antitrust Litigation. Bob represented HannStar Display Corporation in a multidistrict price fixing proceeding in the Northern District of California. His work included representation of HannStar, which pleaded guilty to price fixing in a related criminal case, in a lengthy jury trial against Best Buy Co. and affiliates. The jury awarded less than 1% of the $770,000,000 in single damages sought by the plaintiffs.
  • Rambus Inc. v. Hynix Semiconductor, Inc., et al. Bob represented Nanya Technology Corporation and Nanya Technology Corporation USA in a patent infringement case in which Rambus asserted memory technology patents against features incorporated in JEDEC-standard DRAM. His work included representation of Nanya and Nanya USA in a Sherman Act Section 2 trial based on Rambus’s assertion of standard essential patents.
  • Dragon Intellectual Property, LLC. Bob represents Dragon Intellectual Property, LLC, in patent infringement litigation involving DVR technology.
  • B.E. Technology, L.L.C. Bob represents B.E. Technology, L.L.C. in patent infringement litigation involving targeted advertising.
  • National Union Fire Insurance Company of Pittsburgh, PA v. Seagate Technology LLC. Bob obtained a defense for Seagate in an insurance coverage dispute arising out of the patent infringement lawsuit that resulted in the Federal Circuit’s landmark decision in In re Seagate Technology, 497 F.3d 1360 (Fed. Cir. 2007).
  • In re DRAM Antitrust Litigation. Bob represented Nanya and Nanya USA in a multidistrict price fixing proceeding in the Northern District of California. He won summary judgment for Nanya Technology Corporation in the direct purchaser class actions.
  • European Commission DRAM Investigation. Bob also represented Nanya and Nanya USA in the European Commission DRAM price fixing investigation. The DRAM investigation included the Commission’s first use of the 2008 regulation on settlements in cartel cases.
  • Confidential Representation of Technology Company. Bob won a unanimous award, including a finding of insurance bad faith, in an international arbitration proceeding.
  • ABB Power T&D Company v. Alstom ESCA Corporation. Bob obtained a defense verdict in a four-week trade secret, copyright, and Lanham Act jury trial.
  • United Computer Systems v. AT&T Corporation and Lucent Technologies.Bob defeated a $6,000,000,000 lost profits damages arbitration claim in a software license dispute.
  • California Retail Liquor Dealers Association v. Midcal Aluminum, Inc., 445 U.S. 97 (1980). Bob was second chair for the prevailing respondent in the leading United States Supreme Court case on the antitrust state action doctrine.

Select Publications and Speaking Engagements

  • 23rd Annual Golden State Antitrust and Unfair Competition Law Institute, Big Stakes Trials, October 24, 2013
  • The U.S. Patent Landscape in 2013: An Appraisal and Practice Guide, Joinder and Venue Issues, Santa Clara County Bar Association High Technology and Business Law/Litigation Sections, September 20, 2013
  • Patent Monetization Strategies for Taiwan Companies, Taiwan Technology Industry Legal Officers Association, Taipei, Taiwan, May 24, 2013
  • Nine Patent Licensing No-Nos, No-Nos 4-6, Licensing Executives Society (USA and Canada), March 13, 2013
  • Current Trends and Issues in Antitrust Litigation 2010, Effective Trial Presentation of Antitrust Issues, Practicing Law Institute, 2010
  • Co-Author, Understanding The Objective Prong In Seagate, IP Law 360, 2009
  • Patent Litigation 2008, Proving Damages and Issues to Consider in Pursuing and Defending the Damages Case, Practicing Law Institute, San Francisco, 2008
  • Intellectual Property Law, Patent Cases in the Supreme Court, Practicing Law Institute, 2006
  • Contributing Editor, Collaborative Ventures, Proof of Conspiracy Under Federal Antitrust Laws, Second Edition, American Bar Association (forthcoming)
  • Contributing Author, Vertical Restraints of Trade, Antitrust Law Developments (Seventh), American Bar Association
  • Contributing Editor, Cartwright Act, California Antitrust Law, Third Edition
  • Contributing Editor, Intellectual Property and Antitrust Law, Cartwright Act, California Antitrust Law, Second Edition

FIRM DESCRIPTION

Freitas & Weinberg LLP is a Silicon Valley law firm established in 2011 by former partners of Orrick, Herrington & Sutcliffe LLP. We are high quality, service-oriented lawyers with an entrepreneurial approach to our business. Our experience and focus make us quick and decisive. We are not burdened by layers of management or unnecessary overhead. We offer efficient and flexible fee arrangements, and selectively represent clients on a contingent fee basis.

We are ready to meet any challenge, as shown by our unprecedented trial win in the Best Buy TFT-LCD antitrust litigation.

Stephen A. Malley

/in /by

Stephen A. Malley has for over 40 years specialized in the areas of international business, tax and finance, captive insurance structures, transnational estate, tax, and asset protection planning, and pre-immigration and expatriation planning. Mr. Malley’s practice includes domestic and foreign licensing of intellectual property, and the formation of captive liability insurance companies.

Clients include:

  • U.S. companies with foreign operations
  • U.S. citizens conducting business and investing overseas
  • Foreign individuals and businesses dealing with U.S. taxation issues

Professional Associations:

  • California State Bar, International Law Section
  • Advisor to Executive Committee
  • State Bar of California
  • LA County Bar – Member: Business, Tax and International Sections
  • International Bar Association
  • Offshore Institute
  • Asian Business League
  • Center for International Legal Studies
  • Society for Trust and Estate Planners
  • Provisors

Areas of Practice:

Stephen A. Malley offers specialized and experienced counsel in U.S. and International tax and business planning, transnational business structures, international licensing, pre-immigration tax planning and estate planning for U.S. individuals and families with foreign interests and for foreign families with U.S. beneficiaries or U.S. based assets.

UNITED STATES AND INTERNATIONAL TAX AND BUSINESS TRANSACTIONS

Individuals or companies with international assets and /or business interests must consider not only the applicable laws of each Country, but also the tax implications of both the U.S. and relevant foreign jurisdictions. Tax rates on dividends, interest, and royalties are often determined by tax treaties. While “treaty shopping” is discouraged by the terms of many tax treaties, careful planning might take advantage of the most favorable tax treaties. The application of tax credits is often complex . Mr. Malley represents individuals and business entities engaged in domestic and international commerce. Of primary importance is planning to achieve the desired business purposes, taking into consideration foreign law and business practices.

Mr. Malley assists non-U.S. clients in planning for U.S. legal, regulatory, and tax issues, and US clients in their business transactions and arrangements overseas.

Failure to comply with foreign and domestic legal and tax obligations can result in serious problems.

LICENSING AND SALE OF TRADEMARKS, PATENTS, COPYRIGHTS AND COMPUTER SOFTWARE

U.S. tax law imposes strict guidelines of the transfer of intellectual property but it is often possible to minimize or defer U.S. tax exposure in connection with overseas licensing. Many but not all tax treaties limit the withholding tax on royalty payments, both into and out of the U.S. Joint development of IP with a foreign partner or subsidiary is also subject to IRS rules and regulations, and these do change from time to time. Foreign licensors into the U.S. must consider the tax implications in all relevant jurisdictions to maximize returns. Business issues, such as control and payment, need careful analysis and consideration of applicable business practices, currency controls and exchange rates.

TRANSACTIONAL ESTATE AND TAX PLANNING

Estate planning often involves consideration of Estate, gift and income taxes. US persons with overseas assets, and foreigners with US assets, require specialized professional advice to avoid negative tax and probate issues. U.S. taxpayers with foreign spouses are particularly vulnerable to negative tax consequences absent appropriate planning. The U.S. estate tax regime is in flux, and the tax exemption amount for 2013 is in doubt.

Foreign persons with U.S. assets can be subject to U.S. gift tax, and, on death, to U.S. estate tax, and this comes often as an unpleasant surprise. The U.S. tax code provides guidance on what types of assets are “sited” in the U.S. for gift and estate tax purposes. Often, it is advantageous for a foreigner to hold U.S.based assets in an offshore entity, for example in a Trust or corporation, as best determined by the foreigner’s own or selected jurisdiction. The use of U.S. tax free offshore private placement life insurance may be very advantageous in the right circumstances.

Foreign families with U.S. beneficiaries can achieve tax minimization and/or control with proper planning.

ASSET PRESERVATION PLANNING

Mr. Malley provides transnational estate, tax and asset protection planning for United States citizens and for foreign nationals. Asset protection should be considered in any estate plan. There are many planning opportunities to achieve this protection, depending on factors such as the extent and location of assets, and the individual’s family arrangements, beneficiaries, and other planning goals, which may include privacy and anonymity. Asset protection should be part of any estate planning whenever significant assets are involved.

In the U.S., fraudulent conveyance laws (not discussed here in detail) must be considered whenever there exists a known creditor, any transfer of ownership of assets, including to a domestic or offshore irrevocable trust, might be deemed by a court to be a fraudulent conveyance which can be “set aside” for the benefit of a judgment creditor. However, the Transfer of assets in such circumstance may not automatically constitute a “fraudulent conveyance” but careful analysis is required. In such circumstances, there are arrangements which can be made to lawfully protect assets, including the use of limited liability companies in beneficial jurisdictions and possibly private placement life insurance.

Asset protection planning undertaken before there is a creditor issue offers many more options. For example, the use of “family” limited partnerships or limited liability companies can be appropriate; and irrevocable trusts domiciled in certain States can allow the settlor of the trust to be a discretionary beneficiary and still protect the trust assets from creditors (not the case in California.).

On-shore and offshore holding companies are of use in certain circumstances.

Private placement life insurance can be structured to provide substantial asset protection while also affording access to the funds through tax free loans from the policy. Offshore insurance companies offer more flexible terms, but the policies in any case should be made U.S. compliant, to earn U.S. tax free.

The ultimate forms used to protect assets will be determined by relevant facts, estate and tax planning objectives, and the particular wishes of the individual.

PRE-IMMIGRATION TAX PLANNING

Persons immigrating to the U.S., either permanently or for temporary employment, will be subject to tax on world- wide income. Depending on circumstances, planning before arriving in the U.S. can minimize exposure to U.S. income and estate tax; there is a minimal estate tax exemption for estates which pass to non-Citizens.

Douglas N. Cogen

/in /by

Leaders in Law endorses Douglas Cogen as our exclusively recommended M&A Law expert in the USA – California. If you wish to get in touch with Douglas please use the contact information provided above.

Doug Cogen concentrates his practice on mergers and acquisitions, strategic and commercial transactions, corporate counseling and financings. His practice also includes advising publicly traded and privately held companies with respect to corporate, securities, commercial and intellectual property licensing matters generally. He serves as a member of the firm’s Executive Committee.

Doug’s transactional experience includes over $95 billion of completed mergers, acquisitions and divestitures including cross-border transactions in the networking, software, life sciences, medical devices, telecommunications, semiconductor, internet, computer hardware and consumer products industries; public company tender offers; and private placements of equity and debt securities. Doug also counsels companies on corporate governance matters, takeover defenses and strategic partnering arrangements.

Doug received his B.A., magna cum laude, with Academic Honors, in architecture and society from Brown University, where he was elected Phi Beta Kappa. He attended the University of Michigan Law School, receiving his J.D. cum laude. Doug has also served as Director of Intergovernmental Relations for the New York City Planning Commission. Doug has lectured on transactional law at Columbia University Law School, Stanford University Law School and the Stanford Graduate School of Business. He is a member of the state bars of California and New York.​

The M&A Law Practice

Fenwick & West is one of the premier technology mergers and acquisitions practices in the nation, recently ranked by Bloomberg as one of the Top 10 M&A legal advisors in the U.S. – across all industries.

Our M&A group provides customized transaction services to meet each client’s unique business needs, communications preferences and technology infrastructure requirements. We have an extensive group of experienced attorneys available for deals of any size and complexity. ​Our team includes attorneys specializing in technology transactions, patents and IP litigation. In addition, our attorneys have a broad range of expertise in domestic and international tax issues.

In recent years, the firm has completed more than $400 billion worth of transactions, including significant acquisition programs for leading serial acquirers.

Fenwick & West

For more than four decades, Fenwick & West has helped some of the world’s most recognized companies become, and remain, market leaders. From emerging enterprises to large public corporations, our clients are leaders in the technology, life sciences and cleantech sectors and are fundamentally changing the world through rapid innovation.

Having worked alongside such progressive and cutting edge companies for so long, our culture has come to reflect the entrepreneurial spirit of our client base. Unlike traditional law firms, we move at our clients’ speed and have earned the reputation as a go-to law firm for growing companies that need insightful, strategic counsel to help tackle the challenging issues that arise when the law cannot keep up with their pace of innovation.

With the same passion for excellence and innovation reflected in our client base, our firm is making revolutionary changes to the practice of law through substantial investments in proprietary technology tools and processes. Our clients demand—and deserve—new ways to receive best-in-class legal services more effectively. At Fenwick, we are proud to be shaping our legal services to do just that.​​

 

Mark O. Morris

/in /by

Mark Morris is counsel in the Los Angeles office of Latham & Watkins. He is a member of the firm’s Finance Department.

Mr. Morris represents private equity sponsors, public companies and alternative debt providers on cross-border and domestic leveraged financings, asset-based financings, senior secured lending and complex restructurings.

Mr. Morris previously practiced in the firm’s Dubai office, as well as at an international magic circle firm in Paris and London.

The Islamic Finance Law Practice:

Latham’s global Islamic finance lawyers have extensive Islamic finance experience across the core practice areas of banking, project finance, capital markets, restructuring, mergers and acquisitions (M&A), investment funds and dispute resolution. The firm’s lawyers advise corporations, governments, banks, sponsors, export credit agencies, investment funds and other investors on Shari’ah-compliant transactions in the Middle East, Europe, United States and Asia.

Latham lawyers have a reputation for innovation and have been involved in the development of ground-breaking Islamic finance transactions globally. Recognized in the leading directories as world-class practitioners in the Islamic finance field, the firm’s lawyers regularly participate and host Islamic finance workshops and conferences and have authored articles and books on topical issues in Islamic finance. Most recently, Latham lawyers published The Sukuk Handbook: A Guide to Structuring Sukuk, and Latham’s Dubai and London-based partner, Craig Nethercott, co-edited and contributed to Islamic Finance Law and Practice, a practical and commercial guide to the fundamental principles of Islamic finance and their application to Islamic finance transactions, published by the Oxford University Press.

The practice has a broad geographic reach with experienced Islamic finance lawyers located in the Middle East and other offices, including London, New York, Chicago, Los Angeles, Hong Kong and Singapore.

Latham & Watkins:

Latham & Watkins is a global law firm with more than 2,200 lawyers in its offices located in Asia, Europe, the Middle East and the United States. The firm has internationally recognized practices in a wide spectrum of transactional, litigation, corporate and regulatory areas. Our success is grounded in our devotion to the collaborative process, which reaches across global offices and practices and draws upon our deep subject matter expertise, an abiding commitment to teamwork and a powerful tradition of creative lawyering.

John Palley

/in /by

John Palley has been an attorney since 1994 and is a Certified Specialist in Estate Planning, Trust and Probate law as determined by the State Bar of California Board of Legal Specialization. Additionally, his reputation among local attorneys and judges has earned him Martindale-Hubbell’s prestigious “AV” peer review rating, signifying preeminent legal ability and the highest ethical standards.

John has been selected as a “Super Lawyer” by Super Lawyers of Northern California. John was selected as the “Best Attorney” by the Roseville Press Tribune in 2015. John has received the prestigious “10.0” rating from AVVO.com and is “Lead Counsel Rated” from lawinfo.com which is their highest rating.

John is also a past probate and estate planning “expert” for the Sacramento Bee. John has taught classes for UC Davis Extension and National Business Institute on probate and estate planning. John dedicates his entire law practice to estate planning, trust, and probate law and has been doing that since he became a lawyer in 1994.

The Estate & Trust Law Practice:

We counsel clients in planning their estates in a manner which effectively minimizes their income, gift, estate and generation-skipping tax liabilities. Additionally, our sophisticated trusts and estates practice regularly counsels individuals, families, and business owners on tax issues relating to wealth preservation, asset protection and management. Because our firm regularly advises business entities such as corporations, partnerships, LLCs and joint ventures, we are able to design and implement buy-sell and stock restriction agreements, and advise on other strategies which can be used to fund those buy-outs.

We help individuals and business entities of various sizes arrange their estate planning affairs. Such projects can vary widely, ranging from wealth transfers and multi-generational planning to corporate recapitalizations which may affect or facilitate business founder buy-outs. Our trust and estates attorneys provide a high level of sophistication and expertise; a number of our attorneys are Certified Specialists in Estate Planning and Probate law. Our firm, no matter the size of the estate, remains focused on providing our clients individualized attention.

Our firm advises clients on financial, retirement and personal planning matters, including wills, living trusts, and powers of attorney; estate planning and administration; estate litigation; preparation of revocable and irrevocable trust agreement to hold life insurance, personal residences, and other assets; establishment of conservatorships and guardianships, business continuity planning, charitable giving, preparation of buy-sell agreements for closely-held business entities, and the formation of family limited partnerships, and limited liability companies.

Meissner Joseph & Palley:

Our firm was established in 1979 and focuses in the areas of business, estate planning, real estate, probate and the related tax aspects. We have a team of experienced professionals with a high degree of integrity and work ethic. We pride ourselves on providing responsive service in a cost effective manner. The firm has earned the highest possible rating in Martindale-Hubble.

Many of our clients have been with the firm for most of its 30 years. Our effort to earn the respect of clients has grown the firm over the years to in excess of 10,000 clients.

Harold M. Brody

/in /by

Hal Brody is a partner in the Labor & Employment Law Department. His practice is characterized by its diversity and he has represented employers in virtually every facet of labor and employment law.

For over 25 years, Hal has represented employers in almost every conceivable forum. He has appeared before the National Labor Relations Board in connection with union organizing campaigns and unfair labor practice charges. He has handled numerous labor arbitrations. He has appeared before the Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing on a broad range of employment discrimination matters, and he has practiced before the California Division of Labor Standards Enforcement and the United States Department of Labor on a wide variety of wage and hour issues. Although very much a labor generalist, over the past several years, Hal’s practice has focused on employment litigation.

He has appeared before trial and appellate courts throughout California, successfully representing employers in such matters as wrongful discharge, sexual harassment, ERISA, wage and hour, and employment discrimination lawsuits. The diversity of Hal’s practice can be gauged by the range of employers he has represented in such litigations: financial institutions; museums; hospitals; airlines; retailers; newspapers; food processors and distributors; theme parks; publishers; and television and motion picture companies.

The Employment Law Practice:

We have a deep, nuanced understanding of California employment law, and we know how California’s unique laws impact our clients’ daily operations. We devise creative solutions and are able to quickly adjust to the shifting California legal and regulatory landscape.

The group handles lawsuits in state and federal court, wage and hour class actions, arbitrations and administrative agency complaints. We provide preventive counseling as well as workforce and management training, and customized compliance solutions for the unique challenges that arise in California. Indeed, our regional experience, coupled with our international platform, positions us as the go-to California labor and employment practice for clients headquartered all over the world.

Proskauer Rose LLP:

The world’s leading organizations and global players choose Proskauer to represent them when they need it the most. With one of the largest global client rosters, you can be confident you will be in good company and represented by the best minds in the business.

725 strong, our top tier team of star trial attorneys, acclaimed transactional lawyers and exceptionally talented partners and associates have earned a reputation for the relentless pursuit of perfection and a dauntless pursuit of success.

Business savvy and market driven, our intellectual capital drives success. We are proud of our many achievements across a full spectrum of transactional and contentious practices. We secure victories, help build businesses and set precedents.

Proskauer was founded on the same bedrock values that hold true today. Hard work, mutual respect, cooperation, integrity and an unwavering dedication to client service are as integral now as when our doors first opened in 1875.