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10 things you should know about trademarks

By John Alspaugh, Esq., The Trademark Group®, Seltzer Caplan McMahon Vitek 1. What is a trademark? A trademark is any word, phrase, symbol, or device that distinguishes one company’s goods or services from those of…

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Adam Gordon Joins Seltzer Caplan McMahon Vitek

Seltzer Caplan McMahon Vitek is pleased to announce that Adam Gordon has joined the firm as an associate. As an experienced trial lawyer, Adam joins the firm’s litigation department. His practice focuses on business litigation…

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An Ounce of Prevention: Drug Testing

By Daniel Eaton AN OUNCE OF PREVENTION: DRUG TESTING Californians like their privacy. In 1974, California voters approved an amendment to the California constitution expressly recognizing a Californian’s right to privacy against both the state…

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An Ounce of Prevention: Preventing Liability under the FMLA

Even where an employer is not guilty of disability discrimination, the employer may be liable for substantial damages to a former employee if the employer has failed to comply with the detailed requirements of the…

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Annual Review of Cases and New Development in Bankruptcy 2010

San Diego County Bar Association UNITED STATES SUPREME COURT Hamilton v. Lanning ___ U.S. ____, 130 S.Ct. 2464, 177 L.Ed.2d 23 (2010) Court may consider future income/ expenses known or virtually certain at the time…

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Annual Review of Cases and New Development in Bankruptcy 2011

UNITED STATES SUPREME COURT Ransom v. FIA Card Services ___ U.S. ___; 178 L.Ed.2d 603; 131 S.Ct. 716 (2011) Chapter 13. A debtor who does not actually have car loan/lease payments may not use the…

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Annual Review of Cases and New Development in Bankruptcy 2012

Bankruptcy Section of the San Diego County Bar Association   UNITED STATES SUPREME COURT Radlax Gateway Hotel LLC v. Amalgamated Bank 566 U.S. ___; 182 L.Ed.2d 967; 132 S.Ct.2064 (2012) Chapter 11 cram down plan…

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Annual Review of Cases and New Development in Bankruptcy 2013

Bankruptcy Year In Review San Diego County Bar Association February 4, 2014   UNITED STATES SUPREME COURT Bullock v BankChampaign, NA, ___ U.S. ___, 133 S.Ct. 754, 185 L.Ed.2d 922 (2013) Defalcation while acting in…

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Automatic Stay Litigation

By Dennis Wickham, Shareholder Seltzer Caplan McMahon Vitek The mere filing of a bankruptcy petition creates an injunction preventing acts against the Debtor or its assets. The injunction applies to all creditors whether or not…

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Avoiding Frivilous Lawsuits

Elihu Root, the great early-twentieth century New York attorney and former Secretary of War, once said: “About half the practice of a decent lawyer consists in telling would-be clients that they are damned fools and…

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The legal information provided is not legal advice but rather general information and should not be used as a substitute for speaking with an attorney.