In the recent decision of Shaper v. Zadek, Case No. 21-cv-00493-EMC, 2021 WL 3885958 (N.D. Cal. Aug., 31, 2021), the court addressed whether loans purchased by investors were “securities” under federal securities laws and, if so, whether the seller of the notes had violated federal securities laws by failing to, among other things, register as an investment adviser and/or broker-dealer.  The answer is lawyerly and, perhaps, unsatisfactory, i.e., it depends!  Where the notes were purchased for investment purposes, offered and sold to a broad segment of the population, reasonable investors would view them as securities and not merely notes, and there is no other statutory scheme directly regulating the transaction, they should be treated as “securities.”  Nonetheless, additional considerations will determine whether the party offering the note must register as an investment adviser or broker-dealer under federal securities laws. 

The Ponist Law Group is proud to announce that founding partner Sean E. Ponist has been selected as a 2020 Northern California Super Lawyer, highlighting those who “demonstrate the highest degree of professional achievement and peer recognition.” This marks the 10th year that he has been selected as a Super Lawyer. The distinction is awarded to less than 5% of attorneys based on peer nomination and evaluation as well as independent research.

Join us on Wednesday, October 14, 2020 to hear from Superior Court Judge Eddie C. Sturgeon and experienced trial attorney Sean E. Ponist as they discuss keys to success in the courtroom and useful tips for litigators. The presentation will cover, among other things, “knowing your judge,” “sizing up your case,” motion practice and argument as well as trial pointers. This legal education seminar is sponsored by the San Diego County Bar Association.

In the wake of the novel coronavirus pandemic, city and county governments throughout the State of California passed laws to stay eviction proceedings against tenants, including commercial tenants. Additionally, the Judicial Council of California also took action to protect tenants. On August 13, 2020, however, the Judicial Council of California voted to end the emergency rules affecting evictions and foreclosures (Rules 1 and 2, respectively) effective September 1, 2020.

Join us on September 9, 2020 to hear from Sean Ponist and other leading real estate professionals as they discuss “Real Estate Brokerage During These Extraordinary Times.”

Join us on August 3, 2020 to hear from Sean Ponist and other leading civil litigators attorneys
as they discuss the new age of taking and defending virtual depositions. The 1 hour CLE will
cover the entire virtual deposition process, from the new (virtual) deposition notices and
admonitions through tips to having your client make the best impression for the camera. This
legal education seminar is sponsored by the San Diego County Bar Association.

The coronavirus pandemic, together with the government response thereto, has impacted everyone’s life. The governmental measures, while prudent, have also placed an incredible strain on nearly every business. In an effort to lessen the impact on businesses, many cities and counties have enacted rent protection measures to assist businesses with their commercial lease obligations. In this blog post, we discuss these measures.

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.  

The Ponist Law Group is pleased to announce that Cary D. McReynolds is joining the firm as of counsel.  Mr. Ponist and Mr. McReynolds previously worked together at another firm and have worked on several significant matters together since.  Mr. McReynolds’ practice focuses on real estate, construction, and business litigation, as well as select family law matters on a case-by-case basis. He is a strong client advocate, with a proven record for success.  We hope you'll join us in welcoming him to the firm.  More information about Mr. McReynolds can be found on his bio page.

Join us on May 15, 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 remedies arising from disputes both before and after closing. This is the second in a two-part series and focuses on powerful remedies, beyond damages, to enforce client rights, including a discussion of rescission, reformation, specific performance and other equitable remedies.