- Corporate LawBradford leads the firm's Corporate and Business Law Group. He is also a member of the firm's Executive Committee. "For 30 years, Bradford has been counseling public and closely-held businesses and their owners domestically and internationally, helping them decide on expansion, consolidation, succession, and various other personal and business-related objectives," states the feature.
- Business DisputesIn contract disputes in California courts, the Parol Evidence Rule (codified in California Code of Civil Procedure section 1856) prohibits evidence of promises or representations that are contrary to the written terms of a contract that was intended to be a complete and final statement of the parties’ agreement. For decades (since the 1935 case of Bank of America v. Pendergrass), financial institutions relied on athe Parol Evidence Rule to prohibit borrowers from making claims or defenses based on the lender’s alleged false promises or misrepresentations that contradict the terms of the loan documents.
- Construction ContractsCramin’s broad background in commercial real estate—including in?house, transactional and litigation experience in the real estate industry—provides him with a broad and unique perspective on the issues facing his clients today. He is experienced in negotiating virtually all aspects of sophisticated transactions for the acquisition, sale, exchange, financing, ground leasing, leasing, and development of improved and unimproved real estate for both individual and institutional clients. His collaborative, solution-driven approach to client service allows him to help all parties find common ground in high-stakes negotiations while achieving significant outcomes for his clients. Cramin also serves as a strategic business advisor for many of his clients. The publication says his “broad experience in real estate development and contract law covers real property sales transactions, commercial lease negotiations and related construction contracts.”
- Trade Secrets
- Intellectual Property
- AntitrustA company can inadvertently become involved in antitrust litigation under section 1 of the Sherman Act (or any state law equivalent), and therefore, it should be aware of the current landscape. Most often, antitrust litigation under section 1 of the Sherman Act involves allegations that a certain company’s or companies’ conduct hinders competition in the given industry or marketplace. Continue Reading
- Wrongful TerminationIn the 1960s and 1970s Musick, Peeler & Garrett experienced a growth spurt. A Labor and Employment practice, focusing on labor relations, collective bargaining, and contract administration, was formed. As employment-related litigation increased, the firm established a national reputation for representing clients in employment discrimination actions, wrongful termination, occupational safety, as well as issues relating to wage and hour compliance, and employee benefits. The firm also excelled in the more "traditional" labor area of management/union disputes before the NLRB.
- Employment Discrimination
- Employment ContractAdam L. Johnson is a member of the firm's litigation, employment, and academic institutions practice groups and manages the Orange County office. He represents private and public sector employers before state and federal courts, appellate courts and administrative agencies in wrongful termination, discrimination, wage and hour, and other employment matters. He advises employers and academic institutions on compliance issues, employment agreements, employee discipline, employee-management relations, investigations, terminations, faculty, staff, and student issues, handbooks and policies, FEHA, FERPA and Title IX matters, litigation avoidance, and dispute resolution.
- Employment LitigationWilliam J. Tebbe is a member of the firm's employment group in Los Angeles. His practice focuses on all aspects of employment litigation (including discrimination, termination, and trade secrets) for employers in all sectors including public agencies, hospitals, and educational institutions. He also specializes in traditional labor law where he represents public entities in areas such as union organizing, fact-finding, arbitration, and defending unfair practice charges before the California Public Employment Relations Board.
- Sexual HarassmentA repercussion of the #MeToo movement is a new provision in the recently enacted amendments to the Federal Tax Code. Section 13307 of the newly revised tax code denies tax deductions for settlements and attorney’s fees subject to nondisclosure agreements paid in connection with sexual harassment or sexual abuse. While the proposition seems simple on its face, it raises a multitude of questions. Continue Reading
- Real Estate LitigationIn the 1920s Elvon Musick founded the law firm, Musick & Burrell, with about twenty attorneys practicing real estate law. During the post-Depression and post-War years as California's population grew, Musick & Burrell focused on real estate development, representing owners and developers in such well-known projects as Tejon Ranch, Westchester, and the infamous Hollywoodland Development, which would lend its name to the world's entertainment capital.
- Construction LitigationPartners Adam Johnson, Cheryl Orr and Shireen Rogers obtained a big win for client Centex Homes in the appeal of a “duty to defend” case based on a contractual indemnity provision in a construction agreement. The case, Centex Homes v. R. Help Construction Co., Inc., 2019 Daily Journal D.A.R 1949 (March 11, 2019) has potentially significant implications for the construction industry. Centex was sued by Plaintiff Wagener, who claimed he was injured when he stepped... Continue Reading
- Land Use and ZoningMusick Peeler traces its origins to the 1920s when its three founders, Elvon Musick, Joseph Peeler, and Leroy Garrett, organized individual firms in Los Angeles. Musick Peeler's namesakes brought diverse areas of legal expertise to their respective partnerships. Elvon Musick's firm specialized in real estate and land use. Joseph Peeler's focused on tax and estate law. Leroy Garrett's delved into corporate antitrust law and academic institutions. In the 1950s these three exceptional men saw the advantage of merging their honed intellects, different fields of legal knowledge, and professional contacts. Their fusion forged the formidable firm of Musick, Peeler & Garrett.
- Property DamageOn April 6, 2020, the California Supreme Court issued its long-awaited decision in Montrose Chemical Corporation Of California V. Superior Court, Case No. S244737, 2020 WL 1671560 (Cal. Apr. 6, 2020). The issue before the Court was whether an insured may seek coverage from its excess policies under a rule of vertical exhaustion rather than horizontal exhaustion in a continuous trigger or “long-tail” case (i.e., cases involving bodily injury or property damage that takes place over multiple ... Continue Reading
- Personal InjuryLast month, we reported on the California Supreme Court’s decision in Yahoo, Inc. v. National Union Ins. Co. of Pittsburgh, PA involving coverage for claims under the Telephone Consumer Protection Act of 1991 (“TCPA”). The Court concluded: “A CGL insurance policy that provides coverage for “personal injury,” defined, in part, as “injury... arising out of... [o]ral or written publication, in any manner, of material that violates a person’s right of privacy,” can cover liability for violations of the right of seclusion if such coverage is consistent with the insured’s objectively reasonable expectations. Continue Reading
- Estate PlanningMusick, Peeler & Garrett initially had twenty-four attorneys, all engaged primarily in transactional work. During its first year, the firm was involved in the incorporation of Harvey Mudd College. As time passed, Peeler expanded his practice establishing the firm's reputation for expertise in taxation and representation of non-profit entities. His work with the Getty Estate launched the firm as a leading estate planning and trusts practice.
- TrustsGabriel R. Duarte is a member of the firm's Trusts & Estates practice located in Ventura County. He advises high-net-worth individuals and families with dual strengths in estate planning and post-death trust administration; he has proven particularly effective with the administration of sophisticated trusts, including those involving family offices and those invested heavily in real estate.
- Probate
- Bankruptcy
- ForeclosureMusick Peeler was recognized nationally for Trusts and Estates Law and regionally for Health Care Law, Trusts and Estates Law, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Mortgage Banking Foreclosure Law.
- Tax LawJoseph Peeler began practicing law with the firm of Peeler & Wilson, one of the first Los Angeles firms to specialize in tax law. As personal counsel to J. Paul Getty, Peeler oversaw Getty's vast holdings and designed the current structure of the Getty Estate and the Getty Trust. As a member of the Getty Museum's Board of Trustees and numerous other philanthropic organizations, Peeler helped found the Los Angeles Civic Light Opera. He also served as counsel and board member for the Music Center.