Bona Law PC

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In many instances, conduct involving the business of insurance is, indeed, exempt from antitrust liability. So why does insurance sometimes get a free pass? In 1945, Congress passed a law called The McCarran-Ferguson Act. Insurance, of course, has traditionally been regulated by the States. Territorial and jurisdictional disputes between the States and the Federal government are a grand tradition in this country. We call it Federalism. In 1945, it appears that the states won…
Author: Staff Investing in California real estate often requires repairs or renovations. Some real estate investors have the expertise to perform the work themselves. But everybody else must rely on contractors to renovate existing improvements on real property, or build new improvements from the ground up. California real estate investors must carefully research prospective contractors, and the should maintain close communication throughout the project. Requirements for California Contractors California law defines the term “contractor” as…
Author: Staff San Diego’s City Council spent much of 2018 arguing over proposed vacation rental regulations. In July, the City Council passed two ordinances imposing strict limits on “short term residential occupancy” (STRO). Opponents of the ordinances circulated a petition that received enough signatures to put the matter before voters. The City Council repealed the ordinances in October. Arguments for and against the ordinances brought up the interests of homeowners who live among STRO…
Author: Staff The possibility of foreclosure has been a persistent reality for real estate owners for some time. Foreclosures often occur when property owners default on their mortgages. County or state authorities may also foreclose on a property after the owner fails to pay property taxes. In some situations, a homeowner’s association may foreclose for failure to pay fees or assessments, or for other breaches of the applicable covenants, conditions, and restrictions. For California real estate…
Author: Jarod Bona Some lawyers focus on litigation. Other lawyers spend their time on transactions or mergers & acquisitions. Many lawyers offer some sort of legal counseling. And another group—often in Washington, DC or Brussels—spend their time close to the government, usually either administrative agencies or the legislature. But your friendly antitrust attorneys—the superheroes of lawyers—do all of this. That is part of what makes practicing antitrust so fun. We…
Author: Jarod Bona This website is called The Antitrust Attorney Blog, not the Appellate Attorney Blog. But I have combined an appellate practice with my antitrust practice my entire legal career and we do a lot of appellate work at Bona Law. So sometimes we address appellate, writing, and briefing issues here. I previously wrote about why you should hire an appellate lawyer. And mused about what is great legal writing. Here…
Author: Luis Blanquez Antitrust and competition law is a global issue. Markets that could be national are often global instead (because if they aren’t naturally local, there usually isn’t reason to stop at a country’s borders). Bona Law embraces this international reality. That is part of what attracted me to the firm upon my arrival in the United States after 15 years of practicing antitrust and competition law in Europe. We can help clients…
Maybe everyone really is conspiring against you? If they are competitors—that is, they have a horizontal relationship—they may be committing a per se antitrust violation. A group boycott occurs when two or more persons or entities conspire to restrict the ability of someone from competing. This is sometimes called a concerted refusal to deal, which unlike a standard refusal to deal requires, not surprisingly, two or more people or entities. A group boycott can…
Author: Staff When considering an investment in California real estate, prospective investors should carefully consider how much of their time and attention the investment will require. Properties that generate rental income require management in order to ensure that the stream of rental income continues unabated. Investors who are willing and able to take on this responsibility may do so, but they should also consider retaining a property manager to handle the day-to-day operations. Property managers in…
Author: Jarod Bona You might have a Lanham Act claim if your competitor is making false statements to promote its products or services in a way that deceives customers and injures you because you lost business, for example, as a result. Although many people think of the Lanham Act as a trademark statute—and it is—it also allows competitors to sue each other for false advertising. So the Lanham Act is on the battlefield…