Orsus Gate LLP

Get to know Orsus Gate's Partners, Denis and Nabil. They are litigators in every sense of that word and have handled a wide range of civil matters in state and federal court, both inside and outside of California. They have the experience to manage opposing counsel, the knowledge and skills to draft compelling briefs, and the talent to convince a judge or jury that they are in the rightwhich is why they have been named Rising Stars" by Super Lawyers in 2019 and 2020. Learn more about us in the Our Team section of the website: https://buff.ly/31HqJsm

Not every arbitration provision is enforceable. Case in point: when faced with a contract containing an overly broad arbitration provision that required all "representative actions" to be arbitrated but which did not also allow the provision to be severed if found invalid, the California Court of Appeal recently held that an employer could not selectively enforce the arbitration provision, thereby rendering the entire provision unenforceable. Read more on the bright line rule in the Of Note section of our website: https://buff.ly/3lgYKHI

Get to know Orsus Gate's Partners, Denis and Nabil. They are litigators in every sense of that word and have handled a wide range of civil matters in state and federal court, both inside and outside of California. They have the experience to manage opposing counsel, the knowledge and skills to draft compelling briefs, and the talent to convince a judge or jury that they are in the rightwhich is why they have been named Rising Stars" by Super Lawyers in 2019 and 2020. Learn more about us in the Our Team section of the website: https://buff.ly/31HqJsm

Not every arbitration provision is enforceable. Case in point: when faced with a contract containing an overly broad arbitration provision that required all "representative actions" to be arbitrated but which did not also allow the provision to be severed if found invalid, the California Court of Appeal recently held that an employer could not selectively enforce the arbitration provision, thereby rendering the entire provision unenforceable. Read more on the bright line rule in the Of Note section of our website: https://buff.ly/3lgYKHI

As lawyers, we have a duty to only file meritorious cases. That duty protects both lawyers and clients alike. Case in point: when JC Lee (Stan Lee's daughter) and her attorneys filed a lawsuit to enforce an agreement that had already been the subject of numerous lawsuits over the last two decades, the Court held that the lawsuit had no merit, and fined Ms. Lee and her attorneys $1,000,000 collectively. Find Why Not to File Frivolous Cases in the Of Note section of our website: https://buff.ly/349LgHq

There's still time to register for today's webinarFight, Flight, or Freeze: Deals and Disputes in the Age of Uncertainty: https://buff.ly/31dIMoD As the COVID-19 pandemic continues, many businesses are now dealing with making difficult choices that they hoped to avoid. As always, we're here to help: in this webinar, Orsus Gate partners with Carbon Law Group, P.C. to discuss practical considerations in structuring and negotiating deals, and what you should know should litigation prove inevitable. Tune it at 11am PST TODAY!

While most law firms are named after their partners, we chose a name reflective of our top priority: our clients. We don’t have anyone named Orsus or Gate. In Latin, 'Orsus' means beginning, initiative or undertaking. It describes the clients we primarily serve: those who have taken the risks and the initiative of beginning and creating something new and unique, and those who continue to innovate and expand. 'Gate' is shorthand for litigate, which broadly describes the service we provide our clients. No matter how we grow or how the firm changes, Orsus Gate will always be focused on its clients, not on itself. Learn more: https://buff.ly/2OVbvbO

UPDATE: Our next webinar with Carbon Law Group, P.C.Fight, Flight, or Freeze: Deals and Disputes in the Age of Uncertainty has been rescheduled to Wednesday, August 12. The good news is, this gives you more time to block your calendar and think of questions for us! Add any questions in the comments below, or in the chat during the webinar itself. REGISTER TODAY: https://buff.ly/31dIMoD

Join us this Thursday at 11am PST for our next webinar with Carbon Law Group, P.C. Fight, Flight, or Freeze: Deals and Disputes in the Age of Uncertainty. REGISTER NOW: https://buff.ly/31dIMoD As the COVID-19 pandemic continues, many businesses are now dealing with making the difficult choices that they hoped to avoid. As always, we're here to help: in this webinar, we'll discuss practical considerations in structuring and negotiating deals, and what you should know should litigation prove inevitable.

Many contracts include choice of law provisions that govern which state's law applies in interpreting the contract. Too often, contracting parties ignore these clauses to their detriment. To avoid thorny procedural issues, try to match your choice of law provisions with the state where a lawsuit is likely to be filedor simply add a choice of venue provision requiring the lawsuit to be filed in a specific state. Read more on why choice of law provisions matter in the Of Note section of our website: https://buff.ly/3hWtueF

In California’s continuing struggle with the Federal government over arbitration, a California Court has once again affirmed that a claim made purely under California’s Private Attorneys General Act (PAGA) cannot be compelled to arbitration, regardless of any underlying agreements between the parties. Read the full case in the Of Note section of our website: https://buff.ly/30SSFYo

Whether you are a tech company, a manufacturer, or a local bakery; whether you have 5 employees or 500; you have more in common than you think. As a growing business with customers, vendors, contractors, employees, investors and competitors, disputes will develop. Orsus Gate is here to make sure those disputes are taken care of quickly and efficiently, so you can focus on what you do best: making sure your business thrives. Visit our website and discover how we can help you navigate the growing pains of your business: https://buff.ly/2OUnCGo

A default is what happens when a litigant fails to timely respond to a lawsuit. In the case of "Airs Aromatics, LLC v. CBL Data Recovery Technologies Inc.," the California Court of Appeals reaffirmed the reality that once default is granted, the defaulting party has no "rights to participate in the litigation" or "take any further affirmative steps in the litigation." Read the full case and learn why failing to respond is almost never a good choice: https://buff.ly/3hqFYe5

EB-5 Program Exploited: A case Orsus Gate filed earlier this year highlights the ways that the federal EB-5 program has been abused by unscrupulous actors. Details of the case, as well as some of the larger systemic problems inherent in the program, can be found in this article in The Mercury News:

Recently, the California Court of Appeals provided an effective reminder as to why choosing the right counsel is so important. In a recent case, after the lawsuit settled, the Court set a deadline for the plaintiff to request her attorneys’ fees. Her attorneys blew the deadline and the Court dismissed the case. Her attorneys then made several motions to undo their mistake, including requesting that the case be reinstated based on their own neglect. Unfortunately, both the ...trial Court and the Court of Appeals refused to excuse the neglect, essentially barring the plaintiff from recovering any attorneys’ fees. Such neglect is more common than people realize. Orsus Gate utilizes both calendaring software as well as our attorneys’ independent review of the docket as QA/QC to ensure that our clients avoid the same fate. Read the full case and more in the new "Of Note" section of our website: https://buff.ly/2VU3YOB

It goes without saying that you should read a contract before you sign it, and waivers of liability are no exception: as the California Court of Appeals recently held in Kanaovsky et al v. At Your Door Self Stor, et al.: [o]ne may not contract to accept risk, decide to be self-insured, and then retroactively demand to be paid by the other side after there is a loss. Put another way: next time you rent a car, storage unit, or other service where insurance is offered, be sure to consider the risk involved in rejecting the offer, as you likely won’t get a second bite at the apple should things not work out. Read the full case and more in the new Of Note section of our website: https://buff.ly/2VU3YOB