Search

Ninth Circuit Rules that District Court Wrongfully Concluded that Dinosaurs Can’t Be Minerals

Tue 6th Nov 2018, Blogs

By Ariana Seldman Hawbecker In 2005, the Murrays bought a Montana ranch from the Seversons.  But the Murrays didn’t transfer everything over.  Instead, the Seversons reserved ownership over two-thirds of the minerals found in, on, or under the land.  A year later, an amateur paleontologist uncovered the fossils of two dinosaurs locked in battle (the “Dueling Dinosaurs”) on the property.  The discovery of other valuable dinosaurs, said to be worth in the millions of dollars, …

Full Read

BMK Named as a Tier 1 Firm in Orange County by U.S. News – Best Lawyers® “Best Law Firms” in 2019

Fri 2nd Nov 2018, Blogs

BMK is proud to announce that it has once again been recognized as a Tier 1 firm in Orange County for “Criminal Defense: White Collar” and “Litigation – Bankruptcy” by U.S. News – Best Lawyers® “Best Law Firms” in 2019.  BMK has achieved this recognition every year since 2010.  The U.S. News – Best Lawyers® “Best Law Firm” rankings are based on a rigorous evaluation process.  Selection by U.S. News – Best Lawyers® is considered …

Full Read

David Guess Named as American Bankruptcy Institute “40 Under 40” Emerging Leader

Tue 9th Oct 2018, Blogs

David Guess was honored to be named as one of the American Bankruptcy Institute’s 2018 “40 Under 40” Emerging Leaders in Insolvency Practice.  David was chosen for this prestigious national award from a pool of over 300 candidates in the insolvency community based on his professional achievements and service. Congratulations David!  

Full Read

16 Billion Dollar Medicare Advantage FCA Case Revived

Thu 13th Sep 2018, Blogs

by Ariana Seldman Hawbecker The Ninth Circuit reversed the dismissal of various claims against several Medicare Advantage Organizations who a whistleblower claims submitted fraudulent health data to the federal government (“CMS”). Anita Silingo, a former employee of Mobile Medical Examination Services, Inc. (“MedXM”), brought claims under the False Claims Act on behalf of the United States Government against MedXM and several Medicare Advantage Organizations.  After MedXM settled the case, the Organizations moved for dismissal of …

Full Read

Charitable Organizations Must Disclose Names of Large Contributors

Wed 12th Sep 2018, Blogs

by Ariana Seldman Hawbecker On September 11, 2018, the Ninth Circuit reversed a district court’s decision barring the State of California from requiring Thomas More Society (the “Law Center”) and The Americans for Prosperity Foundation (the “Foundation”) to provide a list of their most significant donors to the state.  Both organizations, registered as Internal Revenue Code 501(c)(3) tax-exempt charitable organizations, had successfully argued at the trial court level that California’s requirement that they file an …

Full Read

Published Ninth Circuit Win in Federal Criminal Immigration Case

Tue 28th Aug 2018, Blogs

Whitney Z. Bernstein won a published decision in the Ninth Circuit reversing her client’s federal conviction for illegally re-entering the United States after deportation.  In the process, she established favorable case law for defending criminal immigration cases.  Whitney’s client immigrated to the United States as a lawful permanent resident (“LPR”) when he was just one month old.  He lived legally in the United States for most of life until 2008 when he was stripped of …

Full Read

Record $280 Million Settlement in False Claims Act Case

Sat 25th Aug 2018, Blogs

Through a negotiated settlement and a court order, whistleblower Beverly Brown has received a total relator share award of more than $78 million for her efforts in obtaining a $280 million False Claims Act settlement against Celgene Corporation.  The $280 million settlement was the second largest recovery ever recorded in a non-intervened case brought under the federal False Claims Act and the relator share award to Brown is also among the largest in history. The …

Full Read

BMK Wins Big in Case Against Alta Dena Family

Fri 24th Aug 2018, Blogs

BMK recently settled all claims asserted against its client, J. Wayne Allen, in a long-running legal malpractice, fraud, and RICO case pending in the Orange County Superior Court.  The settlement came after the completion of jury selection and with opening statements set to begin.  The settlement amount, $1,250,000, represented less than one percent of the plaintiffs’ damages claim. In 2001, the plaintiffs – members of the Stueve family that founded Alta Dena Dairy – hired …

Full Read

Five BMK Attorneys Recognized in The Best Lawyers in America 2019

Tue 21st Aug 2018, Blogs

BMK is proud to announce that five of its attorneys – Thomas H. Bienert, Jr., Steven J. Katzman, James D. Riddet, David Guess, and John Littrell – have been selected for inclusion in The Best Lawyers of America© 2019.   Mr. Bienert has been selected to the Best Lawyers® list every year since 2009, and was named as Orange County’s “White Collar Lawyer of the Year” by Best Lawyers® in 2011.  Mr. Katzman has been selected to the …

Full Read

Three New Additions to BMK’s Roster of Veteran Trial Lawyers

Mon 20th Aug 2018, Blogs

David M. Guess joins BMK as a partner with over a decade of experience in bankruptcy and corporate restructuring and bankruptcy litigation.  He previously was a partner at Klee, Tuchin, Bogdanoff & Stern LLP.  David has been on virtually every side of a bankruptcy case, giving him unique insights into the players and the process.  He represents debtors, secured and unsecured creditors, asset purchasers, trustees, creditors’ committees, litigation trusts, fraudulent transfer and preference defendants, landlords, and …

Full Read