July 17, 2015

CalCAP EVCS


The goal of the CalCAP Electric Vehicle Charging Station (EVCS) Financing Program is to increase installation of electric vehicle (EV) charging stations by small businesses in California.


Program Benefits

· Access to capital
· Promoting green business practices
· Additional source of revenue
· Expanded Customer Base
· Increased Customer Satisfaction
· Reduced cost due to borrower rebate
· Increased opportunities for EV market penetration in disadvantaged communities and Multi-Unit Dwellings

Program Guidelines

Funds may be used for costs for installation, acquisition & operation of one or more EV charging stations, including:
· Design & development
· Electric panel or grid improvements
· Materials and supplies
· Signage
· Hardware and software
· Labor to install, operate, and maintain fully operational EVCS during the term of the loan
EVCS Installation Site Must Be Within California;
Must be Accessible to the business owner's employees, general public, tenants of a Multi-Unit Dwelling

Borrower Eligibility

· Apply to Participating Lender like Dimension Funding
· Control EVCS Site For Loan Term
· Certify EVCS meets technical requirements
· Qualified to do business in CA as any business entity such as a corporation, partnership, cooperative (public entities excluded)
· Non-profit or for-profit
· 1000 or fewer employees

July 16, 2015

{New blog post} Title Issues


Occasionally parties may find themselves ... for lack of a better term ... worked up when buying a work / commercial truck. After weeks {or maybe months} of waiting for the truck to be delivered, buyers may wonder about the dealer/seller not releasing the actual manufacturer's certificate of origin or certificate of title.  Can holding onto to the documents prevent title (ownership) from passing from seller to buyer?

Even in cases where dealers have held onto an certificate because the buyer had not paid the full purchase price, title still passed. In another case, transfer of ownership in tanker truck occurred because the had been note signed and the buyer used the truck, even though seller's license plates remained on the truck and the certificate of title had not been transferred.

So from a practical standpoint, it's doubtful the dealer will withhold the title documents.

Plus, California Vehicle Code section 5753 says,

(a) It is unlawful for any person to fail or neglect properly to endorse, date, and deliver the certificate of ownership and, when having possession, to deliver the registration card to a transferee who is lawfully entitled to a transfer of registration.

(c) (1) Within 15 business days after receiving payment in full for the satisfaction of a security interest and a written instrument signed by the grantor of the security interest designating the transferee and authorizing release of the legal owner's interest, the legal owner shall release its security interest and mail, transmit, or deliver the vehicle's certificate of ownership to the transferee who, due to satisfaction of the security interest, is lawfully entitled to the transfer of legal ownership.

(e) A legal owner or lessor that fails to satisfy the requirements of subdivisions (c) and (d), shall, without offset or reduction, pay the transferee twenty-five dollars ($25) per day … not to exceed a maximum … ($2,500). If the legal owner or lessor fails to pay this amount within 60 days following written demand by the transferee, the amount shall be trebled.

July 10, 2015

[Updated Blog Post] Cuban: "Put That Coffee Down" OK Marc Can Have some coffee now

Not that it means anything ... but on SportsCenter this weekend @mcuban quoted the exact same quote from the end of this July 10 post (see below). When asked about DeAndre Jordan, Marc Cuban shrugged and quoted Alec Baldwin’s character in Glengarry Glen Ross.



During this segment, Marc finally began to act like I thought he should have from the beginning. Instead of insisting on an apology, then criticizing the apology he received, etc. - Marc "man'd up" and did what any dude in sales does after letting a deal slip thru his fingers ... quote lines from classic movies about sales.

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{original post}
Does anyone think athletes negotiate their own deals? There are probably some athletes who do. The media doesn't help clear up the confusion when it misleadingly reports the news as, “DeAndre Jordan has just agreed to ….” Or “So and So player agrees to …”

Yo, it’s not the player, but the player’s agent, who does the talking, makes the phone calls, sends the emails, and texts. These agents have degrees (many of them lawyers); they are experts in deal making. See Jerry Maguire, Bob Sugar, Scott Boras...

I guess if the player wanted to be extra, extra nice he could give him a call in a few days or so. Maybe drop by and chat briefly before a game. I hear so many dudes calling up sports radio, raving about DeAndre needing to man up, that DJ owes Marc a phone call, he left him high and dry!!! And the hosts unwittingly respond with the cliche, "you're preaching to the choir!"  See @DanGraca and Doggy's cast of characters.

Hold On.  When owners trade or cut players, I thought the line was: "It’s not personal, it’s business." It surprises me that Marc, the man who kicked ass in business to the point where he was able to realize the dream of becoming an NBA owner, would not look at it from this point of view.

But that is what will happen when you don’t close that $ 80 million dollar deal you've been working on for the last couple of weeks. I think he’s a little bit embarrassed. It hurts to lose a deal. He’s had tons of big deals before, but this one has to hurt. That’s why people sometimes choose not to announce their deals until the customer, as Alec Baldwin’s character said in Glengarry Glen Ross, signs on the line, which is dotted.

June 16, 2015

[New Blog Post] and AIG Wins ...Nothing


The folded up copy of today's LA Times my dad left on my desk, in my cubicle, letting me know about "the big case ..."

uh Dad, like I say just about every time you give me an article, I read the paper every morning. And btw, I read the article.  But thanks anyway, cuz it's a great case.

The caption above the photo of former AIG Chairman & CEO Maurice [who goes by the nickname "Hank"] Greenberg, wearing a business suit is clever:  Ex-AIG chief wins suit.

Because I get it.  He won that suit. The suit he is wearing in the photo, right? No wait.

Although his lawyers proved the $85 billion dollar loan AIG got during the financial crisis was "an illegal exaction under the 5th Amendment," because "there is no law permitting the Fed to take over a company and run its business in the commercial world as consideration for the loan," the judge awarded no money to Hank or other shareholders.

According to the article, Hank had swung for the fences, and sought more than $40 billion in damages.




[New blog post] Bobby Shaps: Hindsight 20/20


Big-time lawyers going at each other's throats. You got to like this one. As my good, old buddy Stevie Gold (@loveddrj), who never misses an opportunity to nickname someone would say, Bobby Shaps and Mark Geragos (not sure what he'd call him other than Marky) are making headlines.  

Bob's trial work is being questioned by Mark. Did you know Mark was an appellate lawyer? He has been hired by Bob's old client.  Despite Bob's representation, the client was convicted at a jury trial of several felonies, including unlawful sexual intercourse, and is serving time.  

There were two women involved. Mark was successful at getting one of the convictions overturned with newly discovered evidence: a video. 



May 13, 2015

[New Blog Post] Updated: The Brady Case Still Lawyering Up

... the legal framework for the Tom Brady case...

The collective bargaining agreement (CBA) between the NFL and the NFLPA, the Constitution and Bylaws of the NFL, and to some extent, the Official Playing Rules of the NFL are in play... see Rule 2.

One of the parties to the CBA - the NFL, the employer, hired a criminal attorney, Ted Wells, to investigate Tom Brady.  Here is a link to the report produced by Wells.  While reviewing the report, keep in mind my post on Attorney-Client Fee Agreements.

Do yourself a favor and read through the executive summary of the report.  It's extremely thorough and good.  Way better than any incident report filed by a law enforcement agency.  It is not even a close call whether it is more probable than not that Brady knew about the balls. As the report says, a "contrary conclusion requires the acceptance of an implausible number of communications and events as benign coincidences."

Although Brady didn't give up his cell phone, the ball boys - Jastremski (Equipment Manager) and Jim McNally (Official Locker Room Attendant) did.

The text messages between these geniuses is powerful evidence. Tom Brady's agent / lawyer - Don Yee, guaranteed Brady would appeal. He has, and has retained Jeffrey L. Kessler. Yee had said "the discipline was ridiculous and had no legitimate basis."

Jonathan Vilma said he would "tell Brady to fight the emotion of defending himself publicly, lawyer up and begin to devise a plan to beat the NFL ..."

According to SB Nation, Brady's legal team was enough to convince one of Adam's Schefter's sources that the suspension will be overturned.
"Brady's team is unreal," the source said. Talented big name lawyers: Yess, Kessler, etc. Prediction=won't miss a game."
Below are some relevant parts of the CBA.

Section 1. Governing Law: To the extent that federal law does not govern the implementation of this Agreement, this Agreement shall be construed and interpreted under, and shall be governed by, the laws applicable to contracts made and performed in the State of New York

APPENDIX A
NFL PLAYER CONTRACT

15. INTEGRITY OF GAME. Player recognizes the detriment to the League and professional football that would result from impairment of public confidence ... Commissioner will have the right, but only after giving Player the opportunity for a hearing at which he may be represented by counsel of his choice, to fine Player in a reasonable amount; to suspend Player for a period certain or indefinitely

19. DISPUTES. During the term of any collective bargaining agreement, any dispute between Player and Club involving the interpretation or application of any provision of the NFL collective bargaining agreement or this contract will be submitted to final and binding arbitration ...