Tharpe & Howell

Events

Upcoming Events Key West Conference: Moderator/Panelist :: October 8, 2010 :: Key West, Florida :: Speaker(s): Robert M. Freedman Firm Partner Robert Freedman will be a panel moderator and participating panelist at the Key West Conference to be held in beautiful Key West, Florida, on October 8-9, 2010. Mr. Freedman is a seasoned trial attorney and manages the Firm's Commercial Litigation and Transactional Practice Group at the Los Angeles office. His litigation experience includes Federal and State jury and bench trials, arbitrations, class-actions, and administrative proceedings and appeals. If you would like more information about Mr. Freedman's practice, or the Key West Conference, please contact him direct at (818) 205-9955. Certified Training: California Fair Claims Act :: August 27, 2010 :: Citrus Heights, California :: Speaker(s): Robert M. FreedmanPaul V. Wayne On August 27, 2010, Firm Partner Paul Wayne will provide claims and risk management professionals at Alternative Services with certified training on the California Fair Claims Act. Tharpe & Howell is proud to be a certified provider of continuing education through the California and Texas Departments of Insurance. If you would like more information about the courses offered by Tharpe & Howell (free of charge), please contact us at (805) 962-4000 for details. Guest Speaker: Contractors and Builders Conference :: July 15, 2010 :: Las Vegas, Nevada Firm Partner Robert Freedman will be an invited guest speaker on the topic of "Managing Construction Defect Claims" at the Contractors and Builders Conference to be held in Las Vegas, Nevada on July 15th-16th, 2010. Mr. Freedman manages the Firm's Commercial Litigation and Transactional Practice Group at the Sherman Oaks, California office. His litigation experience includes Federal and State jury and bench trials, arbitrations, class-actions, administrative proceedings and appeals. For more information on the Contractors and Builders Conference, please contact Mr. Freedman direct at (818) 205-9955. 15th Annual West Region Construction Defect and Construction Law Conference :: September 18, 2009 :: San Diego, California :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. Lake Firm Partner Timothy Lake will be an invited guest speaker at the 15th Annual West Region Construction Defect and Construction Law Conference to be held at the Hilton San Diego Bayfront on September 18, 2009. Tim and various other distinguished panelists will discuss California Coverage and Current Trends during the morning session; while Arizona and Nevada Coverage and Current Trends will be covered during the afternoon. For our multi-state construction defect risk managers - this opportunity is a must! If you would like more information about the seminar, please feel free to contact Mr. Lake direct at (818) 205-9955. Mr. Lake is a Partner of the Firm in the Sherman Oaks office and Chair of the Insurance Coverage and Bad Faith Practice Group. He represents insurance carriers on a broad range of coverage issues and related matters. Guest Speaker: Imaging Materials Symposium :: May 5, 2009 :: Marina del Rey :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. Freedman Trial Attorney Robert Freedman will be an invited guest speaker on the topic of "Legal Issues in the Imaging Industry" at the Imaging Materials Symposium to be held in Marina del Rey on May 5, 2009. Mr. Freedman is a Partner of Tharpe & Howell and manages its Commercial Litigation and Transactional Practice Group at the Los Angeles office. His litigation experience includes Federal and State jury and bench trials, arbitrations, class-actions, administrative proceedings and appeals. For more information on the Imaging Materials Symposium, or the DOI certified training programs offered by the Firm, please call Mr. Freedman direct at (818) 205-9955. Certified Training: The California Fair Claims Act :: April 28, 2009 :: Gardena, California :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. FreedmanTimothy D. Lake Trial Attorney Timothy Lake will provide DOI certified training on the topic of "The California Fair Claims Act" to Engle Martin claims professionals in Gardena, California on April 21, 2009. All licensed attendees will earn 2 credit hours towards their DOI continuing education requirements. Mr. Lake is a Partner of the Firm in the Sherman Oaks office and Chair of the Insurance Coverage and Bad Faith Practice Group. He has extensive insurance defense experience and represents insurance carriers on a broad range of coverage issues and related matters. Presentation: Identification of Potential Fraud in Soft Tissue Injury Claims :: November 6, 2008 :: New Jersey :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. FreedmanTimothy D. LakeShawn K. Elliott Partner I Shawn Elliott will provide an informative seminar to claims professionals at the New Jersey office of Progressive Insurance Company on November 6, 2008. This will be the fifth annual presentation to Progressive professionals by Tharpe & Howell; with this year's topic being "Identification of Potential Fraud in Soft Injury Claims." Attorney Elliott's practice focuses on all phases of civil litigation, including arbitration and trial work. Mr. Elliott represents a variety of clients in matters related to Transportation Law and Insurance and Business Law. If you would like more information about seminars and other presentations offered by Tharpe & Howell, please contact Mr. Elliott at (818) 205-9955. Presentation: Tips on How to Avoid Bad Faith Claims :: August 20, 2008 :: University of Farmers; Calabasas, California :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. FreedmanTimothy D. LakeShawn K. ElliottChristopher S. Maile Senior Partner Christopher Maile was an invited guest speaker at the University of Farmers where he presented Commercial Claims Management Specialists with important tips on how to avoid bad faith claims. Mr. Maile is a seasoned trial attorney who has assisted nationally recognized insurance carriers with first-party claims for over 15 years. If you would like more information on how Mr. Maile can assist you with risk reduction, please contact him at (818) 205-9955. Presentation: Third Party Criminal Assault Litigation :: May 2, 2008 :: Orlando, Florida Trial attorney James Eiler was an invited guest speaker on the topic of Third Party Criminal Assault Litigation, at the National Restaurant Association's Loss Prevention Executive Study Group held on May 7, 2008 in Orlando, Florida. Mr. Eiler is a Partner of the Firm, and Chair of the Firm's Hospitality Law Practice Group. Presentation: Laws and Litigation Issues for the California Hospitality Industry :: April 23, 2008 :: Portland, Oregon James Eiler, Firm Partner and Chair of the Firm's Hospitality Law Practice Group, recently traveled to Portland, Oregon to provide AIG Claims Staff with an informative presentation on Laws and Litigation Issues for the California Hospitality Industry. General Liability and Risk Management :: February 18, 2008 :: Long Beach, California Senior trial attorney James Eiler presented on the topic of General Liability and Risk Management at the Sunstone 2008 Leaders Conference, held in Long Beach, California, on February 18, 2008. Mr. Eiler is a Partner of the Firm, and Chair of the Firm's Hospitality Law Practice Group. Sixth Annual Hospitality Conference :: February 11, 2008 :: Houston, Texas James Eiler, Firm Partner and Chair of the Firm's Hospitality Law Practice Group, was an invited guest speaker at the Sixth Annual Hospitality Law Conference held in Houston, Texas, on February 11-13, 2008. The Conference focused on world-wide legal, safety, and security solutions; with Mr. Eiler's presentation providing the attendees with extensive information on special resort liability issues. Seminar: California's Unfair Claims Settlement Practices Act :: December 14, 2007 :: Cleveland, Ohio :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. FreedmanTimothy D. LakeShawn K. ElliottChristopher S. MaileShawn K. Elliott Firm litigator Shawn Elliott will be speaking on the topic of the California Unfair Claims Settlement Practices Act at a Seminar for insurance representatives to be held in Cleveland, Ohio on December 14, 2007. This will be attorney Elliott's 4th annual presentation to insurance professionals on this topic; and will include a special discussion on spotting potential fraud in motor vehicle accident and soft-tissue injury cases. National Moot Court Competition :: November 15, 2007 :: Los Angeles, California :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. FreedmanTimothy D. LakeShawn K. ElliottChristopher S. MaileShawn K. ElliottJohnna J. Hansen Firm Senior Counsel Johnna Hansen has been invited to Judge a National Moot Court Competition to be held at the United States District Court in Los Angeles, California, on 11/15/07. Mrs. Hansen is a Senior Counsel at the Firm's Sherman Oaks office, and has tried over 20 jury trials to verdict and aggressively represented clients at over 25 binding arbitration hearings to date. If you would like more information about this competition, please feel free to contact Mrs. Hansen at (818) 205-9955. MC Construction Seminar :: October 19, 2007 :: Colorado Springs, Colorado The Firm is pleased to announce that Firm Partner Robert Freedman will be joining construction industry experts in speaking at the MC Construction Seminar to be held in Colorado Springs, Colorado, on October 19 and 20, 2007. Mr. Freedman is Co-Chair of the Firm's Commercial and Construction Practice Groups and is based out of the Sherman Oaks, California office. If you would like more information about this informative Conference, please contact Mr. Freedman at (818) 205-9955 to obtain more information. Risk and Insurance Management :: October 17, 2007 :: Los Angeles, California :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. FreedmanTimothy D. LakeShawn K. ElliottChristopher S. MaileShawn K. ElliottJohnna J. HansenRobert M. Freedman, Johnna J. Hansen Firm Trial attorneys Robert Freedman and Johnna Hansen will be guest speakers at the October 17, 2007 meeting of the Risk and Insurance Management Society to be held in Los Angeles, California. The topics to be covered by litigators Freedman and Hansen are business organization; contractor risks (and matching insurance coverage to those risks); and current trends and costs regarding alter-ego liability and piercing of the corporate veil. Mr. Freedman Co-Chairs the Firm's Commercial and Construction Practice Groups; and Johnna Hansen is a Senior Counsel of the Firm, having tried over 20 jury trials to verdict. If you would like more information about this important presentation, please contact Mr. Freedman or Mrs. Hansen at (818) 205-9955. Contractors & Builders Conference :: July 26, 2007 :: Las Vegas, Nevada :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. FreedmanTimothy D. LakeShawn K. ElliottChristopher S. MaileShawn K. ElliottJohnna J. HansenRobert M. Freedman, Johnna J. HansenRobert M. Freedman The Firm is pleased to announce that Firm Partner Robert Freedman will be joining Judge Allan Earl and a team of other construction industry experts in speaking at the Contractors & Builders Conference to be held in Las Vegas, Nevada, on July 26, 2007. Mr. Freedman Co-Chairs the Firm's Commercial and Construction Practice Groups; and Judge Earl presides over most construction defect cases on file at the Clark County District Court in Las Vegas, Nevada. If you would like more information about this informative Conference specifically tailored to respond to the needs of insurance carriers and its brokers/agents, please contact Mr. Freedman at (818) 205-9955 to obtain more information. Seminar: Landlord-Tenant Law :: July 19, 2007 :: Pasadena, California :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. FreedmanTimothy D. LakeShawn K. ElliottChristopher S. MaileShawn K. ElliottJohnna J. HansenRobert M. Freedman, Johnna J. HansenRobert M. FreedmanStacey A. Miller Stacey Miller has been invited to speak at the Sheraton Pasadena Hotel in Pasadena, California on July 19, 2007 on the topic of Landlord-Tenant Law. Ms. Miller's presentation will cover issues concerning problem tenants, focusing on rights and responsibilities and habitability matters. Other members of the panel will speak to lease agreements, litigation options, and tenant bankruptcy. Ms. Miller is a Partner I at the Firm's Sherman Oaks office; and focuses her practice on on all phases of civil litigation in both Federal and State courts, including arbitration, mediation and trial. If you would like more information about this seminar, please feel free to contact Ms. Miller at (818) 205-9955. 14th Annual Construction Defect Seminar :: May 3, 2007 :: Anaheim, California Christopher Ruiz, Firm Partner and Chair of the Firm's Construction Industry Practice Group, will be attending the 14th Annual Construction Defect Seminar in Anaheim, California on May 3rd and 4th. The seminar, which is sponsored by West Coast Casualty, is the largest in the Nation and will highlight highly skilled expert guest speakers from various areas within the construction industry Proposition 65 Clearinghouse Conference :: March 23, 2007 :: San Francisco On March 23, 2007 Firm Partner Charles May will be attending this years meeting of the Prop. 65 Clearinghouse in conference where all sides of the regulated community come together- along with judges, regulators and Attorney General's staff - to discuss Prop. 65 issues. An Afternoon On Campus With Partner Robert Freedman :: January 24, 2007 :: University of California at Santa Barbara :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. FreedmanTimothy D. LakeShawn K. ElliottChristopher S. MaileShawn K. ElliottJohnna J. HansenRobert M. Freedman, Johnna J. HansenRobert M. FreedmanStacey A. MillerRobert M. Freedman Firm Partner Robert Freedman was recently interviewed by students of the Mediation and Negotiation Program at the University of California at Santa Barbara, on how his skills as a certified Mediator - in addition to being an experienced trial attorney - have benefitted his clients and legal practice. While Mr. Freedman has obtained his certification to act as a Mediator, and has mediated cases, his practice remains primarily that of a trial attorney representing the Firm's clients in litigated matters and transactions. This interview was conducted in relation to his Mediation training, commitment to the field of ADR, and because his current litigation practice requires extensive use of the Mediation process to resolve his cases. A condensed version of this interesting dialogue is transcribed below: Internet Research In California :: December 7, 2006 :: Pasadena, California Topic: Internet Research in California 3rd Annual Seminar - California's Unfair Claims Practices Act :: October 5, 2006 :: California Attorneys Shawn K. Elliott and Paul V. Wayne chaired the Firm's 3rd Annual Seminar on California's Unfair Claims Practices Act and related regulations. The focus of this year's presentation centered on uninsured motorist, workers' compensation, and medical payment claims in California. Special guests in attendance at the seminar were claims representatives and managers for Progressive Insurance Company. Condo Conversion Conference :: July 13, 2006 :: Los Angeles, California :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. FreedmanTimothy D. LakeShawn K. ElliottChristopher S. MaileShawn K. ElliottJohnna J. HansenRobert M. Freedman, Johnna J. HansenRobert M. FreedmanStacey A. MillerRobert M. FreedmanRobert M. Freedman Presentation by Robert M. Freedman Nuts and Bolts of Internet Research for the Legal Assistant :: June 20, 2006 :: Santa Ana, California Topic: Internet Research in California 9th Annual MC Consultants Seminar :: June 2, 2006 :: Colorado Springs :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. FreedmanTimothy D. LakeShawn K. ElliottChristopher S. MaileShawn K. ElliottJohnna J. HansenRobert M. Freedman, Johnna J. HansenRobert M. FreedmanStacey A. MillerRobert M. FreedmanRobert M. FreedmanRobert M. Freedman Topic: Risk Transfer based on Express Indemnity Agreements and Additional Insured Endorsements. Academy of Hospitality Industry Attorneys Spring 2006 Conference :: May 5, 2006 :: San Diego, California Presentation: Perils of Overbooking the Hotel, Damages and Potential Criminal Penalties. Fourth Annual Hospitality Law Conference :: February 3, 2006 :: Houston, Texas Topic: Recent Legislation Affecting The Hospitality Industry Symposium on Financing, Developing & Operating Condo Hotel :: December 12, 2005 :: Las Vegas, Nevada :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. FreedmanTimothy D. LakeShawn K. ElliottChristopher S. MaileShawn K. ElliottJohnna J. HansenRobert M. Freedman, Johnna J. HansenRobert M. FreedmanStacey A. MillerRobert M. FreedmanRobert M. FreedmanRobert M. FreedmanRobert M. Freedman Robert Freedman of Tharpe & Howell was recently an invited guest at a Symposium on Financing, Developing & Operating Condo Hotels that took place in Las Vegas. The meeting brought together hundreds of the top professionals in the real estate development and hospitality industry for two days of discussions about the present and future of this emerging real estate trend. For those unfamiliar with the area, there are a variety of versions of the product being built. This includes traditional condominium projects in which the unit owners participate in a rental pool, condominium projects developed in conjunction with an attached hotel, and mixed use projects which include a combination of condominiums with rentals, hotels, and commercial. While these types of properties have been around for some time, a staggering number of them have been developed in recent years primarily in destination resort areas such as Florida, Las Vegas, as well as various beach and mountain locals. However, their popularity in urban areas are growing, with major projects being built or planned in urban New York, Chicago, San Diego and San Francisco. One of the main reasons for the popularity of these mixed-use projects is the financing aspect. By including condominiums in the mix, developers can sell the units early, thus generating large amounts of capital to significantly reduce the developers' need to invest their own capital for the development. From the consumer perspective, growth is being fueled by an "aging" baby-boomer generation, who want a second home with the amenities of a resort and without the maintenance obligations. From a hotel development perspective, this infusion of capital from the condo sales provides the incentive necessary for the development and operation of a hotel that would otherwise not pencil-out financially. Lastly, the inclusion of brand-name hotel operators into these projects provides instant consumer recognition and consumer acceptance. The meeting provided insight and guidance as to the risks associated with these types of projects. Because of the nature of the relationships between the various participants, the development requires extensive documentation that starts with the planning and entitlements. It also includes the C&R’s, various design and construction agreements, the establishment of the homeowners association, operating agreements between developers, hotel operators, management and rental companies, and the unit owner sales agreements. In addition to sorting out the rights and obligations of the parties involved, the documentation is intended to identify and transfer the numerous risks associated with these types of operations. While there are numerous risks involved in these type of projects, from a legal perspective, the primary risk is associated with the sales and marketing of the condominium units. The concern is that the developer will attempt to use the potential for rental income as an incentive for the consumer to buy a unit, and the rental income will generate a profit off the “investment,” or off-set the costs associated with owning a unit. If sold as investment, it turns the transaction into the sale of a security thereby triggering the Security and Exchange Commission's jurisdiction. Once the transaction is subject to the SEC, unless the developer has complied with its extensive filing and disclosure obligations, the condo purchaser(s) may seek to rescind the purchase agreement, as well as obtain other types of restitution and damages. As such, the marketing of the units is focused on selling a "life-style” with very strict limitations as to what can be communicated to the purchaser with respect to increases in values of the units and potential income from participation in a rental program. In the area of construction, the focus of the meeting was on the necessity for the developers to overlay all of their construction with layers and layers of quality control. This includes hiring private inspectors to document all aspects of the construction to avoid the necessity of opening walls to later determine how it was built. As expected, the primary concern related to water intrusion and mold. With respect to insurance coverage, the over-riding theme was that insurance is available however, in the future, the developers can expect the aggregate coverage to be reduced by half for the same premiums they are now paying. In conclusion, Attorney Freedman believes we will see more and more of these types of developments which no doubt will bring with them a whole new waive of disputes. However, not only will there be disputes related to the construction, there will be disputes arising out of the rights and obligations, as well as the risk assumptions of the various participants in a project, as within the “four corners” of any project are numerous parties with sometimes conflicting interests. Should you have any questions or would like additional information on this topic, feel free to contact Mr. Freedman at (818) 205-9955 or email him at rfreedman@tharpe-howell.com. Presentation to MGM Mirage Risk Management Team :: October 27, 2005 :: Las Vegas, Nevada Topic: Negligent Security Presentation by E. Allen Tharpe, III :: October 15, 2005 :: Omaha, Nebraska Firm counsel E. Allen Tharpe, III recently presented a comprehensive overview of California's Auto Dealer E & O Litigation - Truth in Lending Laws Automobile Fraud in Omaha, Nebraska. Topics included Consumer Legal Remedies Act, Rees - Levering Act, Federal Truth in Lending Act (TILA), and Car Buyers Bill of Rights. 2nd Annual Brennen Cardenas Golf Classic :: September 1, 2005 :: Yorba Linda, California Second Annual Hospitality Law Conference :: February 3, 2005 :: Houston, Texas Topic: Food and Beverage Liability Prevention Presentation by Robert Freedman :: Key West Florida Topic: Risk Transfer Through The Use of Express Indemnity Agreements and Additional Insured Endorsements Presentation to Engle Martin & Associates :: Atlanta, Georgia Topic: California Claims Practices Firm Welcomes Harco National Insurance Company :: Schraumsburg, Illinois :: Speaker(s): Robert M. FreedmanPaul V. WayneTimothy D. LakeRobert M. FreedmanTimothy D. LakeShawn K. ElliottChristopher S. MaileShawn K. ElliottJohnna J. HansenRobert M. Freedman, Johnna J. HansenRobert M. FreedmanStacey A. MillerRobert M. FreedmanRobert M. FreedmanRobert M. FreedmanRobert M. FreedmanRobert B. Salley

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