Ponist LawPonist LawPonist LawPonist Law
  • About
    • The Firm
    • Sean Ponist
    • Cary McReynolds
  • Practices
    • Real Estate Litigation
    • Construction Litigation
    • Business Litigation
    • Financial Elder Abuse Litigation
    • Government Enforcement Action
  • Articles & Seminars
  • Blog & News
  • Results
  • Contact
  • About
    • The Firm
    • Sean Ponist
    • Cary McReynolds
  • Practices
    • Real Estate Litigation
    • Construction Litigation
    • Business Litigation
    • Financial Elder Abuse Litigation
    • Government Enforcement Action
  • Articles & Seminars
  • Blog & News
  • Results
  • Contact
February 22, 2018

Attorney Ponist Quoted in American Banker About the Federal Government’s Improper Use of “Operation Choke Point” and other Strongarm Tactics Against His Clients

  • Posted By : admin/
  • 0 comments /
  • Under : Ponist Law Blog

“The Consumer Financial Protection Bureau is set to face its first jury trial in April in what is shaping up to be a critical test of the agency’s authority … Ponist said he hoped to put the bureau’s Choke Point tactics on trial, and prove that the CFPB failed to provide Nationwide with the opportunity to respond to the allegations before it filed its lawsuit. “Our position is that it’s not fair, it’s just not right that the federal government came up with a way to pressure businesses that they do not like, for their own reasons, by putting pressure on their banking partners,” Ponist said. “Rather than giving companies their day in court, what they do instead is threaten [their bank partners] with subpoenas, an investigation, an audit, if they don’t comply.””

Read Full Article

January 12, 2018

The Ponist Law Group Obtains $2.2 million Settlement for Investors in FINRA Arbitration Against Securities Broker-Dealer

  • Posted By : admin/
  • 0 comments /
  • Under : Ponist Law Blog

Representing multiple families, the Ponist Law Group alleged that a rogue broker of a securities broker-dealer, charged with managing the accounts of their clients, improperly churned the clients’ accounts, excessively traded the clients’ accounts and placed the clients in unsuitable investments. The Ponist Law Group was able to successfully negotiate a settlement for $2.2 million on behalf of their clients.


November 9, 2017

Rescission of Real Estate Contracts

  • Posted By : admin/
  • 0 comments /
  • Under : Articles / Seminars

Nov 9, 2017 Lorman 

“Rescission is one of the most powerful remedies available to a party who has suffered damages resulting from breach of contract or fraud. Rescission is one of the few remedies which allows parties to truly be restored to their respective positions before the alleged harm. In this practical seminar, attendees learned how to effectively assert, and defend against, this forceful weapon.”

Download Full ARTICLE

December 21, 2016

The Ponist Law Group Obtains Complete Defense Verdict for Commercial Real Estate Brokerage Company

  • Posted By : admin/
  • 0 comments /
  • Under : Ponist Law Blog

The Ponist Law Group represented a commercial real estate brokerage company, its designated broker, and its agent in a dispute in which plaintiff real estate investors alleged fraud, breach of fiduciary duties and conduct falling below the standard of care. After a two-week trial, the Ponist Law Group obtained a complete defense verdict, absolving their clients of any wrongdoing.


November 21, 2016

Arbitrating Real Estate Cases

  • Posted By : admin/
  • 0 comments /
  • Under : Articles / Seminars

San Diego County Bar Association, Nov 21, 2016

“A legal seminar discussing what kind of preparation needs to be completed before arbitration, including an arbitration brief and evidence; issues typically raised at arbitration; advocate strategies; what arbitrators look for and more.” 

Download Full ARTICLE

October 13, 2016

Mediating Real Estate Cases

  • Posted By : admin/
  • 0 comments /
  • Under : Articles / Seminars

San Diego County Bar Association, Oct 13, 2016  

A legal education seminar covering mediation of real estate disputes including, among other things, opening session and advocate remarks, caucus conversations with each side, mediation strategies and nailing down a settlement. 


May 18, 2016

Common Real Estate Practices and their Pitfalls

  • Posted By : admin/
  • 0 comments /
  • Under : Articles / Seminars

San Francisco Bar Association, May 18, 2016

A legal education seminar examining common practices of agents, brokers, attorneys and investors unthinkingly do as a matter of course and the associated pitfalls of such practices. 

Download Full ARTICLE

September 28, 2015

Deconstructing Commercial Leases

  • Posted By : admin/
  • 0 comments /
  • Under : Articles / Seminars

Presenter, San Diego County Bar Association (September 28, 2015)

A legal education seminar analyzing commercial leasing issues from the start of a transaction through the completion of the transaction and beyond into litigation.

Download Full ARTICLE

September 24, 2015

An Offering Memorandum Triggers Duty of Inquiry and Statute of Limitations in Investments Gone Bad

  • Posted By : admin/
  • 0 comments /
  • Under : Ponist Law Blog

In the matter of WA Southwest 2, LLC v. First American Title Ins. Co. (2015) 240 Cal.App.4th 148, investors in a real estate deal alleged that their broker had made material misrepresentations and committed fraud. Specifically, the investors alleged that their  broker had represented that the property had been subjected to a thorough due diligence review and that the sales load would be less than 10%. According to the investors, however, this was not true. Rather, the actual sales load was purportedly in excess of 20%.

Putting aside the alleged oral representations, the court noted that a written Offering Memorandum provided to the investors had indicated that the sales load exceeded 10%. Thus, the court held that the inconsistency between the Offering Memorandum and the alleged oral representations of the broker put the investors on notice of a falsity and that the investors had a duty to inquiry thereafter. The investors failure to inquire was not only in breach of their obligations, but also started the running of the statute of

limitations on any claims by the investors. As the investors failed to timely bring suit against their broker based on the time of the receipt of the Offering Memorandum, the court concluded that their claims were barred by the statute of limitations and the case was dismissed.


September 16, 2015

Having Real Estate Contracts Interpreted in Your Client’s Favor: Critical Rules of Construction Every Real Estate Transactional and Litigation Attorney Should Know

  • Posted By : admin/
  • 0 comments /
  • Under : Articles / Seminars

Presenter, San Francisco Bar Association, Sep 16, 2015

Presenter, a legal education seminar covering key rules of construction of real estate and legal documents, including lease agreements, grant deeds, agreements with public entities, deeds of trust, and other real estate contracts.

Download Full ARTICLE

123456
Newsletter

    Recent Posts
    • The New Look of Trials December 9, 2021
    • With the Holidays Approaching, Here is a Quick Reminder to be Grateful for Your Family November 19, 2021
    • 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
    San Diego Office
    • 12250 El Camino Real, Ste 225, San Diego, California 92130
    • admin@ponistlaw.com
    • (858) 412-1211
    San Francisco Office
    • 100 Pine Street, Suite 1250 San Francisco, CA 94111
    • admin@ponistlaw.com
    • (415) 798-2222
    Social Media

    Copyright Ponist Law Group 2022. Built and maintained by KWSM: a digital marketing agency
    We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
    Cookie SettingsAccept All
    Manage consent

    Privacy Overview

    This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
    Necessary
    Always Enabled
    Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
    CookieDurationDescription
    cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
    cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
    cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
    cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
    cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
    viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
    Functional
    Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
    Performance
    Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
    Analytics
    Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
    Advertisement
    Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
    Others
    Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
    SAVE & ACCEPT