Best Best & Krieger News Feed

Veteran Business Attorney Daniel W. Kehr Joins BB&K

03 Aug 2016 00:00:00 -0800

For Immediate Release: Aug. 3, 2016
Media Contact: Denise Nix • 213-787-2552 • denise.nix@bbklaw.com

SAN DIEGO, Calif. - Best Best & Krieger LLP is pleased to welcome Daniel W. Kehr as a partner to the Business practice group. Based in the firm's San Diego office, Kehr provides corporate general counsel, technology, real estate, as well as trust, estate and succession planning legal services.

Prior to joining BB&K, Kehr managed his own law firm, Kehr Law. Kehr provides legal services for a variety of clients, including individuals, entrepreneurs, investors and businesses, including start-ups and mature companies, across a broad range of industries, such as technology, software, Internet, gaming, insurance, manufacturing, distribution, real estate and professional services.

“Dan's experience as a business owner gives him a unique perspective that his business clients appreciate and benefit from. That experience, coupled with his knowledge and skills in handling a variety of business law matters, make Dan an asset to the firm's clients,” said Managing Partner Eric Garner.

A native of Huntington Beach, Calif., Kehr attended the University of California, Los Angeles for his undergraduate studies. He was an NCAA intercollegiate baseball athlete. He earned his law degree from California Western School of Law in two years, and passed the California bar exam while studying at the University of San Diego.

Kehr’s full biography is available at www.bbklaw.com.

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Best Best & Krieger LLP is a national law firm that focuses on environmental, business, education, municipal and telecommunications law for public agency and private clients. With 200 attorneys, the law firm has nine offices nationwide, including Los Angeles, Sacramento, San Diego and Washington, D.C. For more information, visit www.bbklaw.com or follow @BBKlaw on Twitter.

Two BB&K Attorneys Promoted to Partner

11 Jan 2016 00:00:00 -0800

RIVERSIDE, Calif. - We are pleased to announce that Joseph Byrne and Lauren Strickroth were promoted to partner and that Richard T. Egger, who serves as the firm’s general counsel, was elected to Best Best & Krieger LLP’s Executive Committee.

“Both Joe and Lauren have demonstrated a high-level of customer service and strategic approaches on behalf of the firm’s clients, and it’s a pleasure to welcome them as the firm’s newest partners,” said Managing Partner Eric Garner.

“Rich’s service to BB&K is bar none, and his election to the Executive Committee is a testament to the respect and trust he’s earned from his colleagues,” Garner added.

Byrne is a member of the firm’s Environmental Law & Natural Resources, Special Districts, Municipal Law and Business Services practice groups and is based in Los Angeles. He advises both public and private sector clients on water law, public law and government and legislative strategies, and has additional experience in general business law. He also serves as chair of the California Water Commission.

Strickroth, who is in the Riverside office, is in the firm’s Business Services practice group, and represents clients in a variety of litigation matters. She is an experienced trial attorney and litigates matters involving complex business disputes, trusts and estates. She also has experience in estate planning. Strickroth advises a wide variety of clients including individuals, corporations, partnerships, health care organizations, private fiduciaries, corporate fiduciaries and charitable organizations.

Egger represents clients in litigation in the areas of contract and real estate disputes, probate, and trust and estate matters.

The five-member Executive Committee is charged with making key business decisions for the firm. Members are elected for two-year terms. Other Executive Committee members are Garner; Labor & Employment Law partners Cynthia M. Germano, who is in the firm’s Riverside office, and Stacey N. Sheston, who is in the Sacramento office; and Shawn D. Hagerty in San Diego, whose practice focuses on water quality law.

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Best Best & Krieger LLP is a national law firm that focuses on environmental, business, education, municipal and telecommunications law for public agency and private clients. With nearly 200 attorneys, the law firm has nine offices nationwide, including Los Angeles, Sacramento, San Diego and Washington, D.C. For more information, visit www.bbklaw.com or follow @BBKlaw on Twitter.

Calif. Real-World Training Rules May Spark National Trend

09 Jan 2015 00:00:00 -0800

By Gavin Broady

As young lawyers continue to face a punishing job market, California is poised to implement a bold set of competency requirements tying bar admission to significant real-world training and pro bono work, a move that many states are likely to follow but that some experts worry will do more harm than good.

The first-of-its-kind initiative, spearheaded by the state bar's task force on admissions regulation reform, is designed to close a perceived gap between law school education and the obligations of real-world practice by requiring either 15 units of law school course work focused on practical skills training or equivalent post-graduate work in externships, clerkships or apprenticeships.

New attorneys seeking admission to the 242,000-member California bar would also be required to log 50 hours of legal work for pro bono or modest means clients, as well as 10 hours of mandatory, post-admission training focused on lawyer competency skills.

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The admissions requirements may also have benefits for young attorneys beyond increased marketability in a tough job climate, according to Best Best & Krieger partner Richard Egger, who sees big-picture value in requiring new lawyers to take on pro bono projects.

“At the end of the day, it’s a way for people to gain some more basic skills, but at the same time they’re gaining an understanding that law as a profession does have some component of service to the community,” Egger said. “Having that requirement early might help instill a sense of civic responsibility in young lawyers, and that’s not a bad thing.”

To read the full article in Law360, which ran Jan. 9, 2015, click here (subscription required).

BB&K Attorney Wins Trust Trial

29 Dec 2014 00:00:00 -0800

In re Gordon G. Jervis Trust, Best Best & Krieger LLP attorneyLauren Strickroth successfully represented Patricia Clayton, one of two co-trustees of the Gordon E. Jervis Trust, at trial in Riverside Superior Court. On Clayton’s behalf, Lauren asked the court to confirm the validity of a handwritten amendment to the trust, and to direct distribution of the trust pursuant to that amendment.

The other co-trustee obtained counsel and opposed the petition, arguing that the handwritten document was not a valid trust amendment. After a three-day trial, the court ruled on Dec. 22 completely in favor of Clayton. The court’s ruling will result in a significant change in the division of the trust’s assets to the four trust beneficiaries. In addition, the court identified Clayton as the prevailing party and invited a motion for attorney’s fees.

Best in Law: Head Off a Contest: Bolster Your No-Contest Clause

28 Dec 2014 00:00:00 -0800

BY LAUREN STRICKROTH

The inherent problem with safeguarding your wishes after death is that you are not here to defend them. To discourage litigation and protect your requests, most trusts contain a “no-contest” clause. The clause typically states that if a beneficiary challenges the trust in court, the gift to that beneficiary is revoked. The goal is to make beneficiaries think twice before suing.

A trustee, faced with defending a lawsuit by a beneficiary, often wants to look to the no-contest clause as the first line of defense. However, it is not as powerful or as effective as it seems. Regardless of what the trust says, California limits the enforceability of a no-contest provision.

The Probate Code states that a no-contest clause is only enforceable against a “direct contest” brought without “probable cause.” A “direct contest” is a contest that challenges the validity of the trust on the grounds of forgery, lack of due execution, lack of capacity, menace, duress, fraud, or undue influence, improper revocation, or disqualification of an interested beneficiary. “Probable cause” means that there is a reasonable likelihood that the contest will be successful.

The purpose is to permit a challenger to file a contest without triggering the no-contest clause if there is a reasonable likelihood that something improper occurred.

The downside is that the “reasonable likelihood” standard is uncertain. It opens the door to expensive and time-consuming litigation. There is a risk that a beneficiary will challenge your wishes when you are not there to defend them.

A no-contest clause is still effective, but its limitations are substantial. Challenges occur for many different reasons, such as litigious children, blended families that do not get along and unequal gifts. What can you do now to bolster that no-contest provision and discourage a fight after your death?

Communication: Expectations and disappointment often create conflict. Discussing your plan with your beneficiaries as a group helps eliminate surprises. Keep your beneficiaries informed of any changes. Communicating your wishes early, clearly and often helps manage expectations.

Videotape: Many trust challenges are to invalidate the trust for undue influence or lack of capacity. These challenges typically arise when there is an unequal distribution by an elderly parent. A video recording of mentally competent parents rationalizing their decision may significantly reduce the risk of a challenge. With the ease of smartphones and digital media, a video recording is easy to make, and may eliminate any suggestion of “probable cause” to challenge the trust.

Distribution: The no-contest clause only works if the challenging party has something to lose. If an heir gets nothing under the trust, there is nothing to lose by challenging. Therefore, if you know you have a litigious heir(s), it may be beneficial to consider giving them a small amount through your trust that would make them think twice.

*This article first appeared in The Press-Enterprise on Dec. 28, 2014. Republished with permission

Asset Protection: Facts and Fantasies

01 Oct 2014 00:00:00 -0800

BB&K Partner Franklin Adams was the guest speaker at the Estate Planning Council of Riverside County’s monthly meeting in October. He discussed “Asset Protection: Facts and Fantasies.”

For more information, please visit the Estate Planning Council of Riverside County by clicking here.

Dealing with Estate Planning When You Own a Business

15 Jul 2013 00:00:00 -0800

By Craig M. Marshall

Creating a will or living trust can raise complicated and thorny family issues when figuring out how to divvy up assets at death. Toss a family-owned business into the mix, and it ramps up those and other planning issues to another level.

Does a son or daughter have the interest as well as the right experience and skill level to carry on the family business? If so, how do you equalize the rest of the estate among the other children? If not, will your family have enough liquid assets to hire someone to run the business?

What happens when you have a blended family and step-children are involved? What if your business partner is not a relative and you want to make certain that your family is treated fairly while still protecting that loyal partner?

Should you just plan to have the business sold after you are gone and divide the proceeds among your beneficiaries? It may seem akin to deciding what to do with the family home. Do you sell the home and divide the cash among the children, or do you let one child who wants to live in the home buy out the others?

With a business, however, the planning can be significantly more complex.

A family business owners certainly not alone in this predicament. Some 35 percent of Fortune 500 companies are family-controlled, according to statistics reported by the University of Southern Maine’s Institute for Family-Owned Business.

Wal-Mart, News Corp and Ford Motor are just a few of the big names. And it’s not always easy for them.

In California, the matriarch of the In-N-Out Burger chain had already experienced the death of her two sons. So Esther Snyder decided to leave the Irvine-based company to her only living blood heir, her granddaughter who was 23 when the matriarch died at 86. Passing the torch did not come easily nor without various back-and-forth legal challenges by a company executive and co-trustee of the Snyder family trusts. Despite all of that, the granddaughter now controls the restaurant chain through a trust that gave her half ownership when she turned 30 in 2012, and will give her full control when she turns 35.

While there are complex legal and estate tax issues to consider when a family business is part of an estate plan, it’s important for a business owner to be comfortable with the practical implications of a proposed succession strategy and communicate the same to the family. A conversation with family members can help avoid future surprises or conflicts in many instances by airing issues early on and helping you appreciate where everyone stands in terms of carrying on the business. Also, family members may gain a better understanding of your desires and expectations.

Here are a few additional thoughts to consider:

Besides death, a business owner should consider other potential events that may impact the business, such as disability, incapacity, retirement or bankruptcy. An effective way to handle these issues is with a well-prepared, buy-sell agreement among the owners.

A business owner can transfer ownership of almost the entire business to the next generation before death while still maintaining control over business decisions. The earlier a business owner transfers a business, the lower the estate and gift tax risks.

Often times, a comprehensive estate and business succession plan for a business owner will involve a team of professionals such as an estate planning attorney, accountant, an insurance agent and a financial adviser.

As proud as you are about the business you’ve built, it’s unlikely it will stay in the family for very long without proper planning. Only 40 percent of family-owned businesses survive to the second generation, 12 percent to the third and 3 percent to the fourth. But preparing for the transition is the best strategy to ensure your wishes are carried out.

* This column first appeared in The Press-Enterprise on July 14, 2013. Republished with permission.

Four BB&K Attorneys Named Top of Their Fields In Coachella Valley

11 Jun 2012 00:00:00 -0800

PALM SPRINGS, Calif. _ Four Best Best & Krieger attorneys based in the firm’s Indian Wells office were named as top lawyers in their field by Palm Springs Life in the June issue of the magazine.

The magazine based its findings on the attorney’s AVVO rating, which ranks them based on years of experience, board certification, education, professional conduct, and industry recognition and achievement.

The magazine placed the following BB&K attorneys atop their respective fields:

David J. Erwin, estate planning law: The city attorney for Palm Desert, Erwin also works on estate planning, probate and conservatorships for clients in the Coachella Valley. A BB&K partner, Erwin is a charter member of the Desert Estate Planning Council.

Robert W. Hargreaves, energy law. Hargreaves, a BB&K partner who also represents a number of local public agencies in a variety of roles, serves as legal counsel for renewable energy developers building solar projects in the desert. He has been a leader in the Coachella Valley Economic Partnership's Renewable Energy Roundtable, a group of business and government leaders that meets monthly to share ideas about the industry, legislation, job training and technology.

Kira L. Klatchko; appellate law: A senior associate, Klatchko handles both state and federal appeals arising from all areas of civil practice for clients as varied as cities, businesses and families. She is Riverside County’s only appellate law specialist, a distinction certified by the State Bar of California Board of Legal Specialization.

Brian E. Whitley, business law: An of counsel attorney, Whitley represents both local and national banks and borrowers in various loan transactions, including construction loans, acquisition and development loans, term loans and lines of credit. He also represents nonprofit corporations and other businesses in tax-exempt financing transactions.

Eight BB&K Attorneys Named 2012 Southern California "Super Lawyers"

05 Mar 2012 00:00:00 -0800

Eight attorneys at Best Best & Krieger LLP were named by their peers among the region's most respected lawyers in the 2012 Southern California Super Lawyers magazine for their expertise in environmental, municipal and estate planning law and litigation. The attorneys are John E. Brown, Scott H. Campbell, Christopher L. Carpenter, Dean Derleth, Eric L. Garner, Nowland C. Hong, Michelle Ouellette, and Gregory K. Wilkinson. Only five percent of Southern California lawyers, excluding San Diego (which has its own list), received this honor.

Brown represents a variety of California public agencies including cities, redevelopment agencies, special districts and school districts. He is the city attorney for Ontario, Calif., and the town attorney of Apple Valley. Brown has served as general counsel to the Elsinore Valley Municipal Water District for more than 30 years. He is general counsel to the March Joint Powers Authority, March Inland Port Airport Authority and March JPA Redevelopment Agency, the local reuse authorities for the former March Air Force Base. Brown was named in the government, cities and municipalities category.

Campbell, a municipal lawyer and litigator with extensive trial experience, represents public entities as both general counsel and public works construction counsel. He has supervised public works projects involving more than $150 million in public funding and serves as city attorney for Avalon and general counsel for the Lake Arrowhead Community Services District. Campbell was named in the government, cities and municipalities category.

Carpenter’s practice includes the preparation and administration of revocable and irrevocable trusts and related matters. He focuses on business succession planning for families that own successful small businesses. Carpenter served as managing partner of Best Best & Krieger for more than seven years. He was named in the estate planning and probate category.

Derleth represents many municipal and other public agency clients as general counsel and in areas such as public contracting, land use, the California Environmental Quality Act, the Williamson Act, risk management, the California Public Employees’ Retirement System (CalPERS), and natural resources law. He is known particularly for his expertise in public works contracts and related contract and construction issues, as well as land use and development issues. Derleth is the city attorney for Corona and Colton. He was named in the government, cities and municipalities category.

Garner is managing partner of Best Best & Krieger, overseeing the firm’s nine offices and more than 200 attorneys. He is one of the leading experts on water law in California and has litigated cases and negotiated key agreements involving major water bodies across the state. Garner also works with renewable energy firms to obtain water supplies for solar plants in the California desert. He is a member of the International Bar Association Council that oversees the Section on Energy, Environment, Natural Resources and Infrastructure Law. Garner was named in the environmental law category.

Hong has five decades of experience in municipal law and litigation. He focuses on trials and appeals in state and federal courts representing major public agencies and districts, private corporations and individuals in complex litigation, class actions and representative suits encompassing a wide range of issues. Hong was named in the general litigation category.

Ouellette is known for her expertise in federal and state endangered species laws, the California Environmental Quality Act and the National Environmental Policy Act. She steered two of the nation’s largest habitat conservation plans through a maze of environmental requirements, protecting dozens of endangered species in Southern California while allowing development to move forward. Ouellette was named in the environmental law category.

Wilkinson works on key cases in California involving water, the state’s most precious natural resource. He successfully argued before the United States Supreme Court in Bennett v. Spear, 520 U.S. 154 (1997), a case involving endangered species and an irrigation project that straddles the California/Oregon border. Wilkinson was named in the environmental law category.

About Super Lawyers
Super Lawyers is a list of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and personal achievement. Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991.

BB&K Names New Managing Partner for Firm’s Indian Wells Office

21 Feb 2012 00:00:00 -0800

For Immediate Release: Feb. 21, 2011
Media Contact: Jennifer Bowles • 951.826.8480 • jennifer.bowles@BBKlaw.com

INDIAN WELLES, Calif. _ G. Henry Welles, a partner with Best Best & Krieger whose practice focuses on trust and estate litigation and intellectual property law , was recently named managing partner of the law firm’s Indian Wells office, one of nine offices across California and in Washington D.C.

Welles will oversee the day-to-day operations, strategic direction and long-term business development for the Indian Wells office where the firm’s clients include special districts, businesses, school districts and cities such as Palm Desert, Indian Wells and Coachella.

A five-attorney executive committee, which makes key decisions for the law firm, appointed Welles to the leadership position. He replaces Robert Hargreaves, a partner who remains based in Indian Wells and specializes in general municipal, land use and energy law.

“I have worked at Best Best & Krieger my entire career and it’s an honor and a privilege to be entrusted to lead one of the offices,” said Welles, who joined BB&K in 1991 after receiving his law degree from Washington University in St. Louis, Mo.

Welles is best known for his ongoing work on trust and estate litigation matters in the Coachella Valley, and patent and trademark infringement cases involving Ernie Ball, Inc., a famous Coachella Valley-based manufacturer of guitar and bass strings. In 2010, The Daily Journal, California’s largest legal daily newspaper, named Welles one of the state’s top 75 litigators in intellectual property law.

Welles also serves as general counsel to the Mirada Community Association of which the Ritz Carlton hotel property in Rancho Mirage is a member

Welles is a member of the Riverside County C.A.R.E. Team, which is a state-funded multidisciplinary task force devoted to the prevention of elder abuse.