Santa Ana Blog

R. Sebastian Gibson asked:


People are starting to talk more about depression. Depression as a possibility of where the economies of the world could be taking us, and depression as a state of mind. With the global economic slowdown and the stock market crashing day after day taking away the savings and jobs of thousands of people in California and around the world each week, more and more people are becoming depressed and turning to psychotherapists for help.

 

It doesn’t matter where you live in California, whether it is in Palm Desert, Laguna Beach, San Diego, CA, Orange County, Santa Barbara, Palos Verdes, Anaheim, Buena Park, Corona del Mar, Palm Springs, Temecula, Indian Wells, in Ventura, Carlsbad, Rancho Santa Fe, San Clemente, San Juan Capistrano, Newport Beach, Huntington Beach, Irvine, Newport Coast, Santa Ana, Costa Mesa, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, help from a psychotherapist may be needed by all of us if this worldwide economic crisis becomes much worse.

 

Mental health professionals can commit malpractice or fail to meet the standard of care in a number of situations. However, they are accused in many more in which there is no malpractice and where they do meet the standard of care.

 

The type of situation in which psychotherapists most clearly commit malpractice is where the mental health professional enters into a sexual relationship with the patient while the patient is still under their care. Unfortunately this claim is made by patients more times than it is true.

 

A psychotherapist owes a patient a duty to use reasonable care in the treatment of that patient. When the psychotherapist breaches that duty and acts negligently or intentionally harms that patient, the psychotherapist is liable for damages, which under California law, can be extensive.

 

A psychotherapist can reduce their chances of being sued for malpractice and reduce the chance of being found liable if they are sued by documenting and exercising good judgment when treating their patients.

 

Another pitfall for the therapist is where therapists enter into business relationships with former or current patients. The theory behind why such relationships should be avoided at all cost is the unequal bargaining power between the patient and the therapist once a therapeutic relationship has been established.

 

Using a technique without proper training is also a ripe area for malpractice. It can also be a problem if the psychotherapist has failed to obtain an adequate history, when the psychotherapist has out of office contact with the patient, and when he or she fails to obtain peer consultation.

 

A malpractice case can be brought against a psychotherapist for violating the standard of care and negligently diagnosing or treating a patient. A psychotherapist must also maintain a boundary with his or her patient. When a psychotherapist breaches that boundary by having a sexual, social, business or personal relationship, hugs a patient for more than a few seconds, or has other physical contact other than a handshake, there can be allegations of malpractice.

 

If you are a psychotherapist and are under investigation by your state board for complaints and accusations or malpractice suits, speak to a mental health malpractice attorney as soon as possible.

 

Patients in psychotherapist malpractice cases who are successful can recover damages for past and future medical treatment, past and future wage loss, and pain and suffering both past and future. It is the future medical care of an abused patient that can run into the many hundreds of thousands if not millions of dollars.

 

If you are a psychotherapist and need legal defense, we have the knowledge and resources to be your Newport Beach Psychotherapist Lawyers, and Palm Desert Psychotherapy Attorneys. For this reason, be sure to hire a California law firm with psychotherapist defense lawyers who can represent you from Palm Springs, Rancho Cucamonga, Orange County, San Luis Obispo, Laguna Beach, Newport Beach and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, Santa Barbara, Temecula, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.

 

If you have a psychotherapist, psychotherapy or psychologist legal matter of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.



CHIMA

R. Sebastian Gibson asked:


Whether you watch your television in Palm Desert, California, San Diego, CA, Orange County, Los Angeles, La Jolla, Del Mar, Pacific Beach, Carlsbad, Oceanside, San Marcos, Vista and Escondido or the cities of Huntington Beach, Westminster, Buena Park, Anaheim, Santa Ana, Costa Mesa, Irvine, Newport Beach, Corona del Mar, Laguna Beach, and Laguna Hills, Buena Park, Temecula, Indian Wells, La Quinta, or Palm Springs, and whether you are a California media lawyer, a CA election attorney or Joe the Plumber, unless you never turn on the news or read a newspaper, you have been hearing a great deal about media bias in the 2008 Presidential election.

 

The supporters of Hillary Clinton alleged there was bias in the media because she is a woman. Barack Obama because he is a Black-American. John McCain because he is old. And after Sarah Palin was chosen as the Republican vice presidential running mate. it was thrown out again by supporters of Sarah Palin. Undoubtedly, plumbers will soon be alleging bias against their profession as well.

 

But never has the criticism of media bias been turned up so high as it has been since the selection of Sarah Palin as John McCain’s running mate.

 

First their were allegations of bias as a result of questions whether she could lead the country and still be a mother to her children. There were criticisms of her and allegations of conspiracy to hide who was the real mother of her youngest child. Then more criticisms when it was learned that her seventeen year-old daughter was pregnant and unmarried.

 

While many of the attacks on Palin came in blogs and less than mainstream media, members of the Republican party alleged that they were proof that the media as a whole was biased.

 

Following her first interview with Charles Gibson, it was alleged that Charles Gibson had been condescending toward Palin. Part of this probably resulted from the way Charles Gibson wears his glasses halfway down his nose making it appear that he is looking down at his interview subject. But most of the attacks on Charles Gibson came as a reflex by Republicans to attempt to cover up for Ms. Palin’s confusing and poorly thought out responses to some of his questions.

 

Still shielding Sarah Palin from the media, only her second interview was allowed to be conducted by Sean Hanity. In that interview she showed what was to come in later interviews with this response: “Well, there is a danger in allowing some obsessive partisanship to get into the issue that we’re talking about today. And that’s something that John McCain, too, his track record, proving that he can work both sides of the aisle, he can surpass the partisanship that must be surpassed to deal with an issue like this.” Sean Hanity did not bat an eye.

 

But then weaving in the same bunch of malarkey in an incomprehensible form, she said in only her third interview to Katie Couric since being chosen to run with John McCain, “What I think Americans at the end of the day are going to be able to go back and look at track records and see who’s more apt to be talking about solutions and wishing for and hoping for solutions for some opportunity to change, and who’s actually done it?”

 

After one more incomprehensible response after another to Katie Couric’s softball questions, even Kathleen Parker, a syndicated columnist and a regular on the Bill O’Reilly Factor, and a conservative who initially cheered her selection, concluded that she is a problem and for the good of the country should step down.

 

When Kathleen Parker regretfully found herself having to declare in her own column that Sarah Palin is out of her league, after initially pulling for her, all the wind was let out of the sails of the claim that the media was biased.

 

Bias in the media thus depends, unfortunately, not just on what is being said, but also on who is saying what. When criticisms are leveled by the other candidate’s party and by members of the other gender, it is more likely to be labeled bias by those sticking up for the candidate. But when the criticisms are leveled by a well-respected person of the candidate’s own party and own gender and the criticisms are this severe, the candidate has a real problem and it is not due to media bias.

 

As a media and election lawyer, there is certainly bias in the media by the different television stations but it seems based less on whether the candidate they are biased against is because of their gender, age or race but rather is based on if the broadcast company is biased toward the Republican party candidates or the Democratic party candidates.

 

Surprisingly there is less of an allegation than one would suppose against two news channels that are well recognized fervent supporters of one candidate over another. Even the candidates have made jokes how some of the hosts on MSNBC favor Obama and how many of the hosts on Fox News favor McCain. With these jokes there now seems to be an acceptance of bias by news stations and less of an effort by newscasters to remain unbiased even on financial channels.

 

When a broadcast company, or a newspaper or a talk show host is biased against a certain candidate, they will use any and all criticisms they can create, truthful and some not, to persuade their listeners, readers or viewers to vote one way and not another. This is still bias, but it seems to be less motivated by age bias, gender bias or racial bias, (though their attacks on such candidates are sometimes in those categories) as it is based on bias toward one party or another.

 

The 2008 Presidential election, however, has appeared to many to be one of the dirtiest campaigns in history. And while recent attacks have been less and less based on truth than on generating fear in the minds of voters, let us hope that these tactics, as bad as they are, are simply based on the advice of campaign advisers trying to win votes in a shoddy way, as opposed to being motivated by other reasons.

 

If you have a media, broadcast, publishing or election law issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Media Lawyer and your Palm Springs and San Diego Broadcast Attorney. Be sure to hire a California law firm with media and broadcast law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented.

 

If you have a media, broadcast, first amendment, publishing or election law issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you.



PROM

R. Sebastian Gibson asked:


Joint Ventures can be formed for various reasons, but first and foremost is usually to share the risks of the business venture and to save money. Whether the entities are formed in Palm Springs, Palm Desert, Indian Wells and La Quinta or in San Diego, California, La Jolla, Del Mar, Carlsbad, or San Marcos, in Orange County, CA cities such as Anaheim, Irvine, Newport Beach or Santa Ana, in the Inland Empire, or the Central Coast, the reasons for hiring a joint venture attorney to facilitate the joint venture are usually the same. If there is synergy between the two entities forming the joint venture, they can build on each other’s strengths. The same is often true in politics. But the economy trumps everything, both in business and politics.

 

 

 

Today’s most exciting and most talked about joint ventures are not between corporations. With the credit crisis, corporations are unable to obtain the credit to finance new ventures, and are looking to other companies for the resources they may have. Unfortunately, many corporations in this economic crisis are simply hunkering down and holding onto what cash they have.

 

 

 

No, today’s most exciting joint ventures are in politics. That’s right the joint venture between John McCain and Sarah Palin and the joint venture between Barack Obama and Joe Biden.

 

 

 

What has this got to do with the law, you ask? Plenty. First, of course the winning joint venture may decide the direction of America for the next four to eight years. But second, they are a good picture window into how joint ventures can work, or fail.

 

 

 

In the case of John McCain and Sarah Palin, you had the initial excitement when the joint venture was formed and there was a great deal of buzz about the combination. There was good synergy, and Sarah Palin seemed to offer what John McCain lacked, namely youth. Additionally, Ms. Palin was able to rally the staunch conservatives who previously had been less than enthusiastic about the Republican party’s nominee.

 

 

 

However, with time, the enthusiasm for this joint venture has faded as so often happens with joint ventures. As Ms. Palin was vetted, she was found to have some baggage including something called Troopergate, in which pressure was allegedly brought to bear on a government employee to fire the ex-husband (a state trooper) of her sister. While a state legislature report found she did not violate any laws but may have acted unethically, this baggage did not pose any serious worries for the other half of the joint venture, John McCain.

 

 

 

It wasn’t until weeks after sheltering Ms. Palin from the press, that she was allowed to finally give some interviews. These did not go well. Like an athlete who has lost their confidence, Ms. Palin stuttered and gave answers that made beauty contestants seem like geniuses. Her attempt to obtain some foreign policy experience by holding a succession of short meetings with world leaders at the U.N. seemed more like speed dating when those world leaders complimented her not on her foreign policy expertise but on her looks, with one world leader trying to get the press photographers to ask them to hug.

 

 

 

On the other hand, as is true with many joint ventures, Ms. Palin did, however, generate substantial energy among conservatives who, until her choice as a Vice Presidential running mate, had seemed lukewarm toward the Republican ticket.

 

 

 

In the joint venture between Barack Obama and Joe Biden, there was perhaps less enthusiasm than the Republican joint venture but a similar synergy of adding a vice presidential pick with the qualities Obama was thought to be lacking - in this case, Joe Biden’s foreign policy experience.

 

 

 

Also similar to the Republican joint venture’s failings, Joe Biden proved to make a number of embarrassing gaffes on the campaign trail. None were as severe as Sarah Palin’s interview answers but neither did he seem to be adding the enthusiasm that Sarah Palin had at least rallied on the announcement of her name.

 

 

 

If, as polls currently suggest, the economy is going to decide this election, financial forces, as with most joint ventures, will determine which joint venture is successful and which will not. As the economy worsens, as bailout plans are passed and then criticized, the Obama-Biden joint venture is succeeding for being thought of as more knowledgeable and able to make change. The McCain-Palin joint venture on the other hand seems to be slipping downward day by day as McCain’s efforts to help with the bailout plan appear misguided, and as both he and Ms. Palin become the stuff of late-night comedian monologues.

 

 

 

Joint ventures can be tricky and in the end, it’s usually the economic conditions that either spell their success or failure. 

 

 

 

If you have a corporate, business, joint venture or business fraud dispute in Irvine, Orange County, La Jolla, San Diego, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Palm Desert Business Lawyer and your Irvine Business Attorney. Be sure to hire a California law firm with business, corporate and fraud litigation lawyers who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented.

 

 

 

If you have a business, corporate or fraud litigation dispute of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you.



NURSE

R. Sebastian Gibson asked:


If you care about the environment, no matter if you live in Corona del Mar, La Jolla, Del Mar, Encinitas, Carlsbad, Oceanside, San Marcos, Vista and Escondido, San Diego, Huntington Beach, Westminster, Buena Park, San Luis Obispo, Cambria, Anaheim, Santa Ana, Costa Mesa, Irvine, Newport Beach, Corona del Mar, Laguna Beach, or Laguna Hills or work in San Clemente, San Juan Capistrano, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, Riverside, San Bernardino, Temecula, Palm Springs, Palm Desert, Victorville, Yucca Valley or Twentynine Palms, everyone has an opinion about global warming.

 

As an environmental attorney, and with all the recent footage coming in from around the world, it is clear not only that global warming is a problem, it is getting worse, and action is needed immediately.

 

What’s stopping action from taking place? Oil companies and energy companies of all kinds, some of whom reportedly spend more to confuse people and the issue than they do on alternative energy research.

 

Who else is at fault? Sadly, the Republican party, the executive actions of George Bush and what he has forced government agencies to do, and other groups, who because of their Republican support, were slow getting on the bandwagon.

 

The issue has also brought us some surprising heroes. Governor Schwarzenegger of California. Ex-President and Nobel Prize Winner, Al Gore. And scientists around the world.

 

One only need turn on the television to see the melting arctic ice, or to hear that polar bears are being forced to become cannibals to be concerned at how little is being done and how much is being done to confuse and fight those who are concerned about the environment. Even Senator McCain stands against his own running mate, Sarah Palin on environmental issues.

 

School children know more about the issue than adults because they study the science and refuse to believe the lies and false websites put out by the energy companies.

 

And yet, except for America, and China, the world seems to be as one, united in the fight against global warming. While more is being done around the world despite the obstinance of the U.S. and China, so much more could be accomplished if we had elected a leader in this area instead of one who led us into a costly and unnecessary war.

 

One can only applaud companies who are involved in renewable energy sources such as solar, and wind power, the building of energy free homes, environmental groups and the efforts of Governor Schwartzenegger to make California a leader in the world in reducing carbon dioxide emissions and other greenhouse gasses.

 

It will take all of us to make the changes we need to save our planet, our environment and the animal species that are so much at risk. Only this week, in the news for October 2008, it was widely reported that one in four mammals face extinction. Yet, amazingly, there are still people who will either not believe that man is either the cause of global warming or who feel that it would be too costly to the economy to take actions to help the environment such as reducing greenhouse gasses.

 

It is hoped that with greater public awareness, and better education to our school children of the environmental problems we face, that when this new generation grows up demanding change and they ask the current generation how we could have let this problem get so bad without doing more to prevent it, it will not be too late to reverse the effects of mankind’s damage. 

 

 If you have an environmental legal matter in Orange County, San Diego, in Riverside, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Environmental Lawyers, and Orange County and San Diego Environment Attorneys. For this reason, be sure to hire a California law firm with environmental lawyers who can represent you from Palm Desert to Big Bear, Santa Ana, Chula Vista, Julian, Santa Barbara, San Luis Obispo, Carlsbad, Ventura and Malibu.

 

If you have an environmental matter and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn about your rights and options and how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.



TRON

R. Sebastian Gibson asked:


It really doesn’t matter if you are Republican, Democrat or Independent, whether you live or work in Hollywood, Los Angeles, or live in Malibu, or live and work outside the entertainment industry anywhere from Orange County to San Diego, from Carlsbad, or Pacific Beach, La Jolla, Rancho Santa Fe and San Marcos to Newport Beach, Laguna Beach or Huntington Beach, Garden Grove, Anaheim, Irvine or Yorba Linda. Even if you live in Montecito or Santa Barbara, Temecula, Palm Desert, La Quinta or Palm Springs, you have got to love Sarah Palin for the comedy she has brought back to television and to this election. 

 

Before I even start this article, there will be some out there who will say Sarah Palin is being picked on. Whether or not you believe that to be true or false, this candidate is giving us some of the best comedy a politician has ever given us, and at a time when we have never needed it more. Saturday Night Live could never have hoped for a better candidate to skewer.

 

Who knew that the straight man or in this case straight woman would turn out to be Katie Couric?

 

First there was Sarah Palin’s attempt to explain her position that by the fact that Alaska is geographically close to Russia, that she has foreign policy experience. Couric asked why Palin’s experience in Alaska enhances her foreign policy credentials.

 

Palin: Well, it certainly does because our next door neighbors are foreign countries, there in the state that I am the executive of. And there in Russia -

 

Couric: Have you ever been involved in any negotiations for example, with the Russians?

 

Palin: We have trade missions back and forth. We do - it’s very important when you consider even national security issues with Russia - as Putin rears his head and comes into the airspace of the United States of America, where do they go? It’s Alaska. It’s right over the border. It is from Alaska that we send those out to make sure an eye is being kept on this very powerful nation, Russia, because they are right there, they are right next to our State.

 

Has anyone yet figured out what any of her answer to Katie Couric’s question means? One has to believe she was testing her skill as a deadpan comedian because she followed up this answer with an even better answer.

 

Couric: Why isn’t it better, Governor Palin, to spend $700 billion helping middle-class families who are struggling with health care, housing, gas and groceries; allow them to spend more and put more money into the economy instead of helping those big financial institutions that played a role in creating this mess?

 

Palin: That’s why I say I, like every American I’m speaking with, we’re ill about this position that we have been put in where it is the taxpayers looking to bail out. But ultimately, what the bailout does is help those who are concerned about the health care reform that is needed to help shore up our economy, helping the - it’s got to be all about job creation, too, shoring up our economy and putting it back on the right track. So health care reform and reducing taxes, and reigning in spending has got to accompany tax reductions and tax relief for Americans. And trade, we’ve got to see trade, as opportunity not as competitive, scary thing. But one in five jobs being created in the trade sector today, we’ve got to look at that as more opportunity. All those things under the umbrella of job creation. The bailout is a part of that.

 

Political science majors in college and election campaign advisors will be studying both of these answer for years. But just grasp if you will how, in her second answer,she is able to connect the dots. The bailout, Palin says, makes her and other Americans ill. So the bailout needs to bail out health care, presumably, so we can get over our illness with the bailout. This is masterful.

 

But the bailout is also about job creation (whose?), reducing taxes (really?), reigning in spending (all $700 billion worth?), and trade (this is part of her comedy routine apparently). And then in the spirit of Halloween which is just around the corner, she says trade should be seen as an opportunity, not just as a scary thing. Brilliant. But she forgot to mention Christmas and being a maverick cleaning up Washington. Rats.

 

As an entertainment attorney who also handles election law, campaign finance law and political law, Sarah Palin has it all. She is rejuvenating comedy to it’s highest art form and making political junkies of us all.

 

This isn’t just comedy or entertainment. This is politics at it’s most lucid. Or is that ludicrous?  

 

If you have an entertainment law, copyright or trademark issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Beverly Hills Entertainment Lawyer and your Malibu Entertainment Attorney. Be sure to hire a California law firm with entertainment law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented.

 

If you have an entertainment law, or copyright dispute of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you.



ARMSTEAD

R. Sebastian Gibson asked:


If you live or work or watch TV in a major television market in Southern California such as San Diego, Los Angeles, Santa Barbara, Palm Springs, Indio, El Centro, or Orange County, CA, (which sees Los Angeles stations) or live elsewhere in cities such as Santa Ana, Long Beach, Anaheim, Riverside, Irvine, San Bernardino, Fontana, Newport Beach, Corona del Mar, Moreno Valley, Garden Grove, Corona, Victorville, El Cajon, Chula Vista or Hesperia, you will probably see at least a couple of commercials on television tonight that appear to be deceptive advertisements with claims that you suspect simply can’t be true.

 

As a business lawyer in California and a CA advertising and marketing attorney, it is difficult sometimes to keep an advertising client on the straight and narrow path, especially when they see ads on the television on a daily basis advertising products that can’t possibly do what they claim to do. This fictional conversation illustrates the problem.

 

“But just last night an advertisement claimed that drinking a certain product was proven to reduce unwanted fat,” a client argued. “Can’t I say that my garage is my clinic and I’ve proven this pill will cure all of your medical problems?”

 

“You can’t do it,” I said. “Deceptive advertising is illegal. No one is going to equate your garage with a medical clinic. And if that diet pill you saw advertised only caused overweight rats to loose weight when they stopped feeding them anything else, they could have a problem.”

 

“What about the diet drugs and drinks then?” the client asked.

 

“If the ads are untrue, the FCC may very well prosecute,” I said. “What no one knows is how overworked the FCC may be and how many of their prosecutors already have their hands full.”

 

“So maybe it takes them a few years to prosecute,” the client said. “That could be after the company makes tens of millions of dollars.”

 

“That’s true” I said. “But if the FCC does catch up with a deceptive advertiser, they will look at how much they made with their deceptive advertising and increase the amount of their fine accordingly. Unfortunately, unscrupulous advertisers may try to hide a portion of their profits from the investigators and in the end, if they take that risk and don’t get caught, their enterprise may still be lucrative.”

 

“But I want to tell the world how my one pill will solve all their medical problems,” my client said.

 

“Is it clinically proven?” I asked.

 

My client suddenly had taken a vow of silence.

 

“The FCC won’t be your only problem,” I said. “You can still face individual law suits, investigations by state governmental agencies, class action lawsuits, and if you have any money left, you will likely be forced to agree to never advertise such a product again.”

 

“What if I just write a book that tells people about my cure, without selling the cure,” the client asked.

 

“If you advertise the book and the cure as being legitimate and those ads are deceptive,” I said, “same result.”

 

My client was scowling and even though I have no clinically proven ability to do so, I could read his mind. He was thinking he needed a different lawyer. One that would find a way for him to advertise his pills to cure every medical problem known to mankind and a few others not yet realized.

 

“Do you know how many products are on television with spokesmen claiming they do things they can’t possibly do?” my client asked.

 

“Sure,” I said. “Eighteen thousand four hundred and twenty-six.”

 

My client laughed.

 

“Do you know how many lawyers are looking for their next great big class action lawsuit when your pill is sold to millions of people who then claim that it did nothing for them or worse, that it made them sick?”

 

“Probably more than eighteen thousand four hundred and twenty-six,” my client answered.

 

“You’ve got that right,” I said.”Look, go back into your lab or your garage and try to actually develop something that actually does cure a disease, stop hair loss, or even one that you can prove causes unwanted fat to just melt away,” I said. “But get documentary evidence from another lab that supports your claims and we’ll talk about getting a patent.”

 

My client was growling as he left but at least the FCC wasn’t on his tail. I looked at the pill he had left on my desk and wondered if I should take it.  

 

If you have an advertising law or marketing legal issue in Irvine, Orange County, La Jolla, San Diego, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your San Diego Advertising Lawyer and your Palm Springs Advertising Attorney. Be sure to hire a California law firm with advertising and marketing lawyers who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented.

 

If you have an advertising or marketing legal issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.



TOWELL

R. Sebastian Gibson asked:


As the outcome of the 2008 Presidential Election has come to a close being even more important to the future of the country with the current economic crisis, individuals and candidates from cities such as Rancho Santa Fe, Del Mar, Carlsbad and La Jolla in San Diego to cities such as San Clemente, Laguna Beach, Corona del Mar, Newport Beach, Anaheim, and Irvine in Orange County, from San Luis Obispo to Santa Barbara to Ventura and Oxnard, to Rancho Cucamonga, Ontario, Murrieta and Temecula to Indian Wells, Palm Springs, La Quinta, Palm Desert and elsewhere in the Coachella Valley have had questions about campaign election finance laws and have looked for answers as to what amounts have been permissible to contribute in this election year.

 

In 2007-2008, the individual campaign contribution limits for all federal offices have been as follows:

 

$2,3000 per election for a candidate for a federal office.This $2,300 can be contributed each individual in a married couple as well.

 

$28,500 per calendar year to a national party committee.This applies separately to a party’s national committee, House and Senate campaign committee.

 

$10,000 per calendar year to state, district and local party committees.

 

$5,000 per calendar year to any other political committee.

 

An aggregate total of $108,200 per two year election cycle with a maximum of $47,200 per two year cycle to candidates and $65,500 to all national party committees and PACs, of which no more than $40,000 can be given to PACs.

 

Foreign nationals may not contribute to any candidate, nor may any federal contractors. Corporations and labor unions may only establish PACs.

 

Cash of only $100 may be contributed. In kind contributions count against contribution limits.

 

Multicandidate PACs can give $5,000 to an individual candidate, $15,000 to a national party committee.

 

Non-multicandidate PACs can give$2,300 to an individual candidate, $28,500 to a national party committee.

 

A multicandidate PAC is a political committee with more than 50 contributors which has been registered for at least 6 months and, with the exception of state party committees, has made contributions to 5 or more candidates for federal office.

 

Any individual intending to campaign for any elected office needs to know election finance rules and should consult with a political campaign finance attorney at an early stage in their campaign decisions.

 

October 2008 News - Democratic Presidential Candidate Barack Obama has set a new campaign contribution record with his announcement that his campaign fundraising efforts brought in $150 million in the month of September 2008. This gives Barack Obama a huge advantage which is reportedly allowing him to outspend John McCain by as much as 4 to 1 in some swing states. The campaign added 632,000 new donors for a total of 3.1 million donors to date. The average donor contribution to the campaign is $86.

 

If you have an election campaign finance legal matter of any kind, we have the knowledge and resources to be your California Campaign Finance Lawyers, and Orange County Campaign Finance Attorneys. For this reason, be sure to hire a California law firm with election lawyers who can represent you from Palm Springs, Rancho Cucamonga, Orange County, San Luis Obispo, Laguna Beach, Newport Beach and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, El Cajon, San Bernardino, Riverside, Santa Barbara, Temecula, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.

 

If you have an election campaign finance legal matter of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.



JONKER

R. Sebastian Gibson asked:


Unless you are in a coma, it doesn’t matter where you live in California, in Corona del Mar, San Diego, Orange County, CA, Palm Springs, Palm Desert, Long Beach, Santa Ana, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Corona, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Santa Barbara, Hesperia, Newport Beach, Buena Park, Indio, Rancho Mirage, Indian Wells or Coachella, you will have somehow heard there is an economic crisis going on, and that Congress passed a whopping $700 billion bailout plan.

 

What you may not know, is that Treasury Secretary Henry Paulson’s draft proposal for the bailout of financial service firms on Wall Street as it was presented to Congress was an unconstitutional power grab of monumental proportions.

 

Under Paulson’s plan, no oversight, no review and no challenges would have been allowed by the courts, by Congress or by individuals. Henry Paulson had proposed that he effectively be appointed economic czar.

 

Under Section 8 of his initial proposal, which for years to come, will undoubtedly form the basis for questions on bar exams for law students, “Decisions by the Secretary pursuant to the authority of this Act, are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.”

 

Under Section 8 of this Act, the Treasury Secretary would arguably have become a more powerful figure than our largely missing-in-action President, more powerful than the head of the Federal Reserve, the SEC and Congress combined, and as such in violation of the Constitution of the United States of America.

 

The draft proposal was in conflict with the Constitution for the simple reason that our nation’s most important document provides that every member of the executive branch, including the Treasury Secretary, is subject to legislative and executive review. Neither Congress nor the executive may delegate its authority to a cabinet member. It would have been like Congress delegating all its power to Sarah Palin, or to a single congressman, or to Superdog for that matter.

 

As hard as it is to violate the nondelegation clause in the Constitution, if there has ever been a proposal to come out of the executive branch which does a good job of it, it has been argued that this is probably the one.

 

The question is, did the President tell Paulson to get a blank check from Congress and to heck with the Constitution or did Paulson come up with this on his own? Did the President and Paulson really believe that if they told Congress they needed this power in 24 hours like the TV show, that Congress, even the Republicans in Congress, would give it to him?

 

In bad times even more so than in good times, we expect the leaders of this country to protect the Constitution of the United States, not to usurp the powers it conveys on other branches of government. Let us hope that in the coming days and months as this country tries to mend itself from this economic crisis, that Congress remembers what the executive branch seems to have forgotten - the Constitution.  

 

If you have a constitutional, or first amendment law issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Constitutional Lawyer and your Palm Springs and San Diego Business Attorney. Be sure to hire a California law firm with business and constitutional law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented.

 

If you have a constitutional, first amendment or business law issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you.



GUSTER

R. Sebastian Gibson asked:


Anyone who lives in Southern California or who appreciates the coastline from San Diego to San Francisco has seen the offshore oil rigs along the coast of Santa Barbara, Oxnard, Ventura and Long Beach. If you live in any of the other coastal cities such as Corona del Mar, San Diego, Pacific Beach, Mission Beach, La Jolla, Del Mar, Encinitas, Solana Beach, Cardiff, Carlsbad, Oceanside, San Clemente, San Juan Capistrano, Laguna Beach, Newport Beach, Huntington Beach, Pismo Beach, Morro Bay, Cambria or San Simeon you see something different - pristine beaches without offshore oil rigs. 

 

In the midst of America’s financial meltdown and on the same weekend as Congress put together a $700 billion bailout, Congress did away with a 26 year ban on offshore oil drilling to the dismay of environmentalists. The Drill Now movement and chants of “Drill, Baby, Drill” may have won a small skirmish on this environmental issue, but California will have the last word.

 

Despite the ban on offshore oil drilling, it is believed that such drilling, at least off the coast of California is unlikely to occur for many years, if ever. Democrats in Congress are already vowing to reinstate the ban when a new Congress takes their seats in four months. And political opposition, marine protection laws and almost certain lawsuits by environmental groups in California make offshore oil drilling an unlikely event.

 

First, there is a general belief of Californians, including the Governor, that the California coastline is an international treasure, not to mention a draw to tourists from around the world. Few politicians in the state would dare to jeopardize that treasure.

 

Second, a law passed by former Governor Pete Wilson already bans all offshore oil drilling in California out to three miles from shore.

 

Third, there are 300 miles of national marine sanctuaries along the California coast which ban oil drilling.

 

Fourth, nearly every coastal county in the State of California has enacted ordinances banning new oil pipelines, oil terminals and tanks in the State.

 

Fifth, environmental groups are already vowing to file lawsuits, and they could be joined by the California Coastal Commission.

 

While California has around 30 oil platforms off the coast of Santa Barbara, Ventura and Long Beach that were built in the 1950s, no new oil platforms have been built in over 50 years.

 

It is estimated that California has at least 10.5 billion barrels of oil offshore - about a year and a half of the nation’s yearly supply. This is comparable to the estimate of oil in the Alaskan National Wildlife Refuge (ANWR).

 

But if anything, despite the oil crisis and the financial crisis, in light of global warming and calls for investment in alternative energies, Californians are becoming more and more environmentally aware. Any politician running on any platform (oil or not) based on drilling offshore at a risk to the California scenic coastline, will have a hard time being elected.

 

If you have an oil, natural resources, energy or environmental law issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Energy Lawyer and your Ventura Environmental Attorney. Be sure to hire a California law firm with environmental law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented.

 

If you have a water law, oil, energy, natural resources or environmental dispute of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you.



HAMILL

R. Sebastian Gibson asked:


In business, there is fraud from time to time. Unfortunately, we’ve all seen that in the Wall Street financial meltdown as the fraud of major institutions comes to light. As any partnership lawyer knows, if there are any misrepresentations made by any partners when they enter into a partnership, the entire business enterprise can and probably will turn south.

 

Whether a partnership is formed in Palm Springs, Newport Beach, CA, Orange County, California, Riverside, La Jolla, Carlsbad, San Diego, Anaheim, Irvine, Santa Ana, Orange, Tustin, Rancho Cucamonga, Fullerton, Riverside, Palm Desert, Indian Wells or La Quinta, the partnership must have a solid foundation of trust to survive.

 

The flurry of partnerships entered into in recent days by financial institutions facing bankruptcy point out the risks of entering into a partnership when one or more of the partners is less than truthful. Given the statements we have heard from financial institutions over the past year touting how fundamentally strong they were, it is easy to imagine boardroom conversations like this one between the Bankafella Trust CEO and the CEO of Bankaramaroo.

 

“You said you were as financially strong as a bear,” Bankafella’s CEO said.”

 

Who ever heard of a bear that had any money,” Bankaramaroo’s CEO said. “I said I was strong as a bear. Our bank happens to be as financially weak as a church mouse. Thanks for buying us, by the way.”

 

“That’s great,” Bankafella’s CEO said. “Just great.”

 

“What’s to worry,” the Bankaramaroo CEO said. “You’re Bankafella, an American institution. We’re partners now. With our internet banking clients and your assets…”

 

“What assets are you referring to?” the Bankafella CEO asked.

 

The Bankaramaroo CEO stuttered as he always did when he became nervous. “But, but your balance sheets, your Profit and Loss statements, all our due diligence…”

 

“You mean all that due diligence you performed just like we did when we had two days to form a partnership or lose our credit rating?” the Bankafella CEO asked.

 

“Now what?” the Bankaramaroo CEO asked.

 

“Bring in the lawyers?”

 

“We fired ours,” the Bankaramaroo CEO said. “Couldn’t pay them.”

 

“Ours too,” the Bankafella CEO said.

 

“Maybe we could find an attorney to sue the accountants on a contingency basis,” the Bankaramaroo CEO said.

 

Bankafella’s CEO nodded, but without any conviction. “How much money have you got in your vault?”

 

“The truth?” Bankaramaroo’s CEO asked.

 

Bankafella’s CEO nodded.

 

“We could probably scrape up enough for some fast food,” the Bankaramaroo CEO said.

 

“And Bankafella Trust can probably pay for drinks,” the Bankafella CEO said.

 

“What have you got in mind?” the Bankaramaroo CEO asked.

 

“Lets adjourn this meeting and have lunch and drinks,” Bankafella’s CEO said. “I have someone I think we should meet.”

 

“Who’s that?” the Bankaramaroo CEO asked.

 

“Our new partner,” the Bankafella CEO said. “The one we need to find that won’t have time to do any due diligence and who actually has some liquid assets.”

 

If you have a corporate, business, partnership or business fraud dispute in Irvine, Orange County, La Jolla, San Diego, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Palm Springs Business Lawyer and your Newport Beach Business Attorney. Be sure to hire a California law firm with business, corporate and fraud litigation lawyers who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.

 

If you have a business, corporate or fraud litigation dispute of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.



ZOLLARS