IS YOUR BUSINESS IN NEED OF TRUSTED LEGAL COUNSEL? PUT OUR EXPERIENCE ON YOUR SIDE.

BLOG

Stephen R. Cochell

Supreme Court Skeptical of Authority for FTC Asset Freezes and Receiverships

The Supreme Court heard oral arguments in FTC v. AMG, 910 F.3d 417 (9th Cir. 2018), cert. granted, No.  19-508.    As a matter of full disclosure, I served as trial and appellate counsel in FTC v. Credit Bureau Center, LLC, 937 F.3d 964 (7th Cir. 2019), a companion case to AMG which will be decided after a decision by the Court in AMG.  The AMG case was decided by the Ninth Circuit, which relied on long-standing precedent to reverse its holding that Section 13J(b) allows the FTC to seize businesses and personal assets of company owners to satisfy monetary judgments.   Until Credit Bureau Center reversed long-standing precedent in seven circuit courts of appeal, it was unlikely the Supreme Court could demonstrate a circuit split or some other ground justifying review of the Ninth Circuit’s decision.
Read More
Stephen Cochell

No Partnership Dissolution Agreement is Risky Business

Consider the following: You go into business with a partner 50:50, work really hard and build your business. After five years, you find yourself unable to get your company to the next level because your partner does not want to grow any further or refuses to invest in a growth plan. When you formed the partnership, your lawyer did not include a Buy-out provision or a Partnership Dissolution Agreement. In the event of a deadlock. What can you do? Unfortunately, all to...
Read More
Stephen Cochell

Protecting Your Trade Secrets

Trade secrets are often the life blood of a company and the competitive advantage of a trade secret determines whether a business lives, dies, or becomes the next Google or Uber. While everyone thinks of Apple, Coca Cola or Uber as the great concepts of our time, these companies grew primarily as a result of aggressive product development, cutting edge technology or creative business approaches that were the product of many years of hard work, innovation and people p...
Read More
Stephen Cochell

Handling of Planned Parenthood

We have been witnessing a feeding frenzy in Congress over Planned Parenthood. Some Republican politicians have pledged to defund Planned Parenthood as other Republicans introduce bills in Congress to accomplish this goal. On the flip side, we have heard people on the far left defend Planned Parenthood with the same blind frenzy even though the videotapes distributed by a group called the Center for American Progress portray some horrific statements by Plan...
Read More