It is with great pride that we announce that our very own Sean Ponist will be speaking at the Litigation Counsel of America 2019 Spring Conference & Celebration of Fellows. Only one-half of one percent of American lawyers are invited to be a part of the Litigation Counsel of America, an invitation-only trial lawyer honorary society.
Join us on April 17, 2019 in San Francisco to hear from Sean Ponist and other leading real estate attorneys as they discuss recovering of real estate damages. This legal education seminar is sponsored by the Bar Association of San Francisco who is hosting the event.
This seminar examines real estate damages arising from disputes before and after closing. This is the first in a two-part series and focuses on damages; the second will focus on real estate remedies. Read More
“Panoramic view,” “expansive view,” “scenic view”—these are all common descriptions used to market highly coveted view property. A great view can substantially increase the desirability and value of a property, with view properties often selling for hundreds of thousands of dollars more than neighboring properties of comparable square footage without views. Developers also routinely charge substantially more for premium lots with views in new developments. In most cases, however, the property owner’s view is not protected and, accordingly, buyers unwittingly pay a hefty surcharge for something that can be taken away without recourse.”
Nationwide Biweekly Administration, Inc., Loan Payment Administration, LLC, and Daniel S. Lipsky, the alleged alter ego, principal and sole shareholder of Nationwide and Loan Payment (collectively petitioners) operate a debt payment service that claims to reduce the amount of interest owed by accelerating debt repayment via an extra annual payment. The California Department of Business Oversight and the District Attorneys of four counties (collectively the People) challenge a number of petitioners’ business practices and in the underlying action seek civil penalties under Business and Professions Code sections 17200 and 17500, and Financial Code section 12105, subdivision (d), as well as injunctive relief, restitution, disgorgement, the voiding of petitioners’ allegedly unlawful contracts, costs and attorney fees. In conjunction with their answer, petitioners demanded a jury trial, which the People successfully moved to strike.
In a groundbreaking decision, the appellate court overturned years of precedent which denied businesses the right to a jury trial in civil enforcement actions brought by the State of California against businesses. In this matter, the State of California sought tens of millions from a client for alleged unfair business practices and sought to do so without the right to a jury trial. Attorney Ponist successfully argued that trial without a jury violated his clients’ fundamental, constitutional rights, arguing, in part, “California has never afforded parties lesser rights than what they’re afforded under the United States Constitution. That’s never happened. It’s not that you come to California, you might get higher minimum wage, better environmental protections, but when it comes to Constitutional rights, tough luck.”
May 22, 2018
San Diego County Bar Association, San Francisco Bar Association, Scientific Association of Forensic Examiners
A legal education seminar covering expert reports, motions in limine, federal and state expert disclosure, exchange and report requirements as well as litigation tactics at each stage in the process. The program further discussed the seminal Daubert/Sargon decisions as well as how to attack and how to defend an expert’s report and opinions.
The Ponist Law Group defended a laboratory against claims that it had erroneously switched paternity testing results, allegedly inaccurately indicating that one man was the father of the subject child when, according to plaintiff, it was another man. According to plaintiff, this caused “irreparable damage” and “emotional distress.” The Ponist Law Group was able to successfully resolve the matter early for a nuisance settlement.
Orange County Bar Association, San Diego County Bar Association, San Francisco Bar Association (March 27, 2018)
A legal education seminar covering agency and dual agency law in California generally, with an in-depth analysis of the California Supreme Court’s landmark Horiike decision as well as the impact on agency and dual agency responsibilities following the Horiike decision and legislative proposals following the Horiike decision.
The Ponist Law Group represented an elderly client in an arbitration in connection with the purchase of a business and asserted claims for breach of contract, rescission, fraud/misrepresentation and financial elder abuse. Following a multi-week arbitration proceeding, the Ponist Law Group was able to reach a favorable resolution on behalf of our client.
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- Closing Arguments with Renowned Trial Attorneys November 2, 2021
- Sean Ponist Named to Both the San Diego Super Lawyers List and the Northern California Super Lawyers List for 2021 October 13, 2021
- The Ponist Law Group Obtains a Complete Dismissal of Action on Behalf of Clients October 13, 2021
- A Cautionary Tale to LLC Members with Minority Interests October 13, 2021
- Sean Ponist Named to the 2021 Northern California Super Lawyers List October 8, 2021
- Are Investment Notes “Securities” Under Federal Securities Laws? October 1, 2021