Publications

GENERAL PUBLICATIONS

Hughes, Christopher D. & Califano, Peter C. It is Time to Change Bankruptcy Forum Laws California Lawyers Association: Legal Perspectives, Fall 2022.

Gerald V. Niesar. Redundant “Suspenders” Support Punitive Damages American Bar Association (ABA), March 31, 2020.

Lin, June. “California Usury Laws Part II,” Consumer Finance Law Quarterly Report, Vol. 71, Nos. 1 & 2, pgs. 27-30, Fall 2017.

Niesar, Gerald, and Lin, June. “General Contract Clauses: Representations and Warranties (CA),” Practical Law, Thompson Reuters, 2017

Niesar, Gerald. “California Appellate Court Sanctions Reverse Piercing in LLCs While Ignoring the Internal Affairs Doctrine“, 2018.

Peter Vestal, Co-Author (with William N. Herbert) California Business Litigation 2017, Law Journal Press.

Kelley, John A. “My boss is telling lies about me! Can I sue?“, Plaintiff Magazine, Vol. 10 No. 3, pgs. 40-43, March 2016.

Niesar, Gerald V. “Charging Orders and the Single Member LLC“, Consumer Finance Law Quarterly Report, Vol. 65, Nos. 3 and 4, pgs. 278-282, Fall and Winter 2011.

Gerald V. Niesar, Co-Author (with Benjamin Berk and Ellen Fleishhacker) California Limited Liability Company Forms and Practice Manual, Data Trace Publishers, Inc.

Rush, K. Stephen. “Level the Playing Field: An Examination of California’s ‘Student Athletes’ Right to Know Act‘” Primerus Business Law Institute e-Newsletter March 2011.

Lin, June. “Alternate Form of Contractual Waiver of Jury Trial May Also Be Unenforceable in CaliforniaPrimerus Business Law Institute e-Newsletter February 2011.

Niesar, Gerald V. and Lin, June. “Post-Employment Noncompetition Clauses in CA Employment Agreements are InvalidPrimerus Business Law Institute e-Newsletter January 2011.

Lin, June. “Not Knowing Where to Sue an Unlicensed Talent Agent Could Cost You $25 MillionPrimerus Business Law Institute e-Newsletter October 2010.

Rush, K. Stephen. “A Map Through the Maze of Copyright Termination: Authors or Their Heirs Can Recapture Their Valuable CopyrightsPrimerus Business Law Institute e-NewsletterOctober 2010.

Lin, June. “Sales Tax Imposed on Asset Sale TransactionsPrimerus Business Law Institute e-Newsletter September 2010.

Rush, K. Stephen. “The Artist’s Right to a Percentage of the Resale of Fine ArtPrimerus Business Law Institute e-Newsletter August 2010.

Lin, June. “Attorney Fees Clause Gives Reciprocal RightsPrimerus Business Law Institute e-Newsletter July 2010.

Lin, June. “Contractual Waivers of Jury Trial in CaliforniaPrimerus Business Law Institute e-Newsletter June 2010.

Niesar, Gerald V. “Noncompetition Clauses in California Employment Agreements are Definitely Invalid“, Consumer Finance Law Quarterly Report, Vol. 64, No. 1, pgs. 72-74, Spring 2010.

Lin, June. “Work for Hire Language Makes Independent Contractor an EmployeePrimerus Business Law Institute e-Newsletter May 2010.

Niesar, Gerald V. and Lin, June. “Application of the Internal Affairs Doctrine in CaliforniaPrimerus Business Law Institute e-Newsletter April 2010.

Lin, June. “California’s ‘Unauthorized Practice of Law’ TrapPrimerus Business Law Institute e-Newsletter March 2010.

Lin, June. “Real Estate Licensing for Merger and Acquisition Practitioners?Primerus Business Law Institute e-Newsletter February 2010.

Niesar, Gerald and Lin, June. “Get Your Mother to Invest in Your California Company — Go to Jail! (Do Not Collect $200)Primerus Business Law Institute e-Newsletter January 2010.

Lin, June. “Is a Country Club Membership a Security?Primerus Business Law Institute e-NewsletterDecember 2009.

Lin, June. “California Usury LawsPrimerus Business Law Institute e-Newsletter  November 2009.

Vestal, Peter and Kelley, John. “Litigating Civilly,” The Recorder, Sept. 26, 2007 (reprinted in Plaintiff, January 2008).

Niesar, Gerald V. “Noncompetition Clauses in California Employment Agreements are (Probably) Invalid“, Consumer Finance Law Quarterly Report, Vol. 61, No. 3, pgs. 396-398, Fall 2007.

Lin, June. “California Usury Laws,” Consumer Finance Law Quarterly Report, Vol. 61, No. 3, pgs. 394-395, Fall 2007.

Vestal, Peter. “A License to Bean? –– Avila broadens primary assumption of risk doctrine,” Practice Center Feature, The Recorder, Nov. 8, 2006.

Vestal, Peter. “Gone with the Wind–As CISG Supercedes the UCC for International Sales of Goods, What Your Clients Need to Know,” 14 California International Practitioner, no. 1 (2005).

Gerald V. Niesar, Author of chapter entitled “Strategic Partnering”, California Business Practice Guide, Bancroft Whitney, Fall 1996.

Gerald V. Niesar, Lead Editor (with Garrett Cecchini) Business Lawyer’s Bankruptcy Guide, a two-volume work published by Clark, Boardman, Callaghan; principal author of chapters on Corporations, Partnerships and Securities Laws.

Niesar, Gerald V. and Niebauer, David M. “The Small Public Company After the Penny Stock Reform Act of 1990”, Securities Regulation Law Journal, Warren Gorham Lamont, Fall 1992.

Gerald V. Niesar, Co-Author of White Paper Entitled: “Should the Uniform Partnership Act Be Revised?”, 43 The Business Lawyer 121, November 1987.

Niesar, Gerald V. “And on the Eighth Day, Lawyers Created Chaos.” Real Estate Finance, Fall 1984, Federal Research Press. (A critique of California’s new limited partnership act.)

Aslanides, Peter C., Albert J. Cardinali, Harry J. Haynsworth, Bruce S. Lane, and Gerald V. Niesar. “Limited Partnerships–What’s Next and What’s Left?” In: The Business Lawyer, Volume 34, Number 1, November 1978.

Kinyon, Richard S. and Gerald V. Niesar. “Partnership Buy-Out Agreements,” Chapter 4. In:Business Buy-Out Agreements, California Continuing Education of the Bar, 1976.

LAW ALERTS

CRAZY CALIFORNIA LAWS