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Showing posts with label john keith. Show all posts
Showing posts with label john keith. Show all posts

Wednesday, August 7, 2013

Los Angeles Lawyer Magazine Features “Bankruptcy Shelters” by John C. Keith

John Keith
Attorney John C. Keith, who recently joined the Editorial Board of Los Angeles Lawyer Magazine, the Los Angeles County Bar Association’s official publication, authored “Bankruptcy Shelters: Public policy continues to weigh against the absolute effectiveness of bankruptcy remote entities,” which was featured in the magazine's July/August 2013 edition.

Mr. Keith’s article examines the effectiveness of “bankruptcy remote” special purpose entity borrowers, a tool used by lenders in recent years to protect them against bankruptcy filings.  Typically, lenders will insert themselves or their designees into the borrower’s management as nominally “independent” directors or managers, with the expectation of wielding veto power over the borrower’s ability to file bankruptcy. 

Read Bankruptcy Shelters

Contact John Keith

Wednesday, June 6, 2012

The Rule 26 Amendments: One Year Later

John Keith
Louis Kempinsky
Originally published by the American Bar Association, April 30, 2012

On December  1, 2010, several amendments to Federal Rule of Civil Procedure 26 took effect.  The primary thrust of the 2010 amendments was to address the “undesirable  effects” of the 1993 amendments to Rule 26, which had provided for “routine  discovery into attorney-expert communications and draft reports.” 2010 amends.,  advisory committee’s notes. The four main changes were
  • generally  narrowing the subject-matter of a testifying expert’s disclosure, Fed. R. Civ.  P. 26(a)(2)(B);
  • extending  work-product protection to draft expert reports, Fed. R. Civ. P. 26(b)(4)(B);
  • providing  new work-product protection to attorney-expert communications, Fed. R. Civ. P.  26(b)(4)(C); and
  • clarifying  which testifying experts are required to provide written reports, Fed. R. Civ.  P. 26(a)(2)(B) and (C).
The 2010  amendments have been in effect for just over a year, and they have not been  applied in all cases. The 2010 amendments apply to cases pending as of December  1, 2010, only “when just and practicable.” Order Amending Federal Rules of  Civil Procedure, Apr. 28, 2010. As is not surprising in light of the standard,  cases examining whether it would be “just and practicable” to apply the new  version of the rule are highly fact-driven and have come down on both sides. Case  law interpreting the amendments is still in an early stage of development.  Nonetheless, a number of potentially significant issues have already emerged.

Friday, May 18, 2012

Three Outstanding Attorneys Join Valensi Rose

We are pleased to announce the addition of litigators Louis E. Kempinsky and John C. Keith and the return of tax and estate planning specialist Kelly S. Keuscher to our firm.  
Lou Kempinsky is a seasoned trial attorney specializing in business and commercial disputes. Lou's practice encompasses trial and appellate work in Federal, State and Bankruptcy courts. He has been lead counsel in numerous jury and non-jury trials involving a wide variety of substantive issues, including real estate, contract, corporate, business torts, Commercial Code, lender liability, bankruptcy, franchise, corporate governance, professional accountability, partnership, environmental, trademark and other intellectual property.

He also has extensive experience representing the interests of both creditors and debtors, along with all of the other constituencies involved, in bankruptcy cases and out of court workouts and restructurings.

While Lou has been privileged to represent successfully at trial both entrepreneurs and Fortune 100 companies, he is just as proud of his accomplishments in enabling his clients to enforce and protect their rights, as well as to advance their short and long-term interests, without the necessity for protracted litigation. To achieve those goals, he pursues a course of proactive counseling along with ongoing efforts to address client issues well before they reach the courthouse steps.

When not working on behalf of clients, he will act as a mediator or arbitrator to assist others in dispute resolution. He also writes and lectures frequently on matters relating to business litigation, trial practice and corporate governance. He is active in the community and in local and national bar associations. Lou has been honored by the American Bar Association for his work in the Section of Litigation and recognized by U.S. News & World Report for providing top tier legal representation. He has for the past eight years had the distinction of being named a California "Super Lawyer" by Law and Politics Magazine and Los Angeles Magazine. In his spare time, Lou is an avid wine collector and enjoys travel, the theater, wine and his bike.

Contact Mr. Kempinsky

In his broad-based business litigation practice, John Keith helps resolve his clients' legal challenges across a variety of issues, including:
  • Bankruptcy
  • Breach of contract and commercial disputes
  • Breach of fiduciary duty and director and officer liability
  • Fraud and business torts
  • Insurance
  • Intellectual property and trade secrets
  • Partnership and LLC disputes
  • Securities and shareholder derivative actions
In recognition of his practice achievements in litigation, John was twice named as one of Southern California's "Rising Stars" by Law & Politics and Los Angeles Magazine, for the years 2009 and 2010. He obtained his law degree in 2003 from the University of California, Berkeley School of Law (Boalt Hall).
Contact Mr. Keith

Kelly Steven Keuscher practices in the areas of estate planning, trusts, probate, taxation, non-profit organizations, and general business transactional law. Kelly holds both J.D. and M.B.A. degrees, and his background includes more than ten years working for various public agencies. He has also served as a consulting attorney for the Probate Division of the Los Angeles Superior Court.

Kelly has represented numerous individuals, businesses, and charitable organizations in matters ranging from estate and tax planning to transactions to litigation. Kelly utilizes his broad range of experience and expertise to develop efficient and innovative solutions for his clients.

Contact Mr. Keuscher
The addition of Lou, John and Kelly compliments and expands on our exisitng practice areas and allows us to continue to serve our clients in the best way possible. For more information or to contact an attorney, email us at info@vrmlaw.com.