Murchison & Cumming Elevates Matthew Voss to Associate Partner

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Murchison & Cumming is pleased to announce that Matthew E. Voss has been elevated to Associate Partner. Mr. Voss is based in the Los Angeles office focusing his practice on Law & Motion. Over the past 20 years, he has built a diverse practice spanning from general civil litigation to entertainment law. After years of focusing solely on entertainment industry legal matters, Mr. Voss decided to return to a firm-based environment to best service his clients’ legal needs.

Mr. Voss is a graduate of Southwestern University School of Law (J.D.) and obtained his Bachelor of Science degree in Political Science from Illinois State University.

A Chicago native, Mr. Voss became an attorney to help others champion their causes. He brings a compassionate and hard-working energy to his practice and zealously represents his clients’ best interests. His most rewarding legal experience was successfully defending a high-profile talent agency in an idea theft entertainment litigation matter that arose from the production of a major feature film. In that case, he successfully opposed a motion for summary judgment and prevailed on appeal with respect to the trial court’s ruling on that motion.

Murchison & Cumming Names Two New Partners

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Murchison & Cumming, LLP is pleased to announce Robert M. Scherk and Nancy J. DePasquale have both been elevated to Partner.

Robert M. Scherk is based in the San Diego office focusing his nearly 40-year practice in areas of professional and legal malpractice, general and product liability, premises liability, and business and commercial law. He also conducts Examinations Under Oath for insurers. Mr. Scherk has tried more than 28 cases to verdict and arbitrated or mediated hundreds more to successful conclusion. In 2003, Mr. Scherk was listed in the America’s Registry of Outstanding Professionals, granted to individuals who have demonstrated leadership and excellence in their profession. Mr. Scherk is a member of the San Diego chapter of the American Board of Trial Advocates (ABOTA), is AV-rated by Martindale Hubbell and was listed as a Top Lawyer for six consecutive years by San Diego Magazine.

Nancy J. DePasquale is based in the Irvine office focusing her 30-year practice on complex, high-exposure, catastrophic injury cases. She has broad experience in all areas of tort and personal injury cases— including premises, products, labor and employment, health care malpractice, auto/trucking, business torts, and contract disputes. She is “AV” rated by Martindale Hubbell and is a member of the American Board of Trial Advocates (ABOTA). Ms. DePasquale was an educator in Southern California schools for several years and practiced as a Speech and Language Pathologist with a Certificate of Clinical Competence. This experience has proved invaluable to her legal career and specifically to school representation and employment law issues.

Murchison & Cumming Elevates Jean Dalmore to Senior Partner

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Murchison & Cumming is pleased to announce that Jean A. Dalmore has been named a Senior Partner. As co-chair of the firm’s Construction Law practice group she focuses her personal practice in the area of construction defect and construction site accident, representing developers, design professionals, general contractors, sub-contractors and material suppliers in all fields of construction. Additionally, Ms. Dalmore represents clients in professional liability matters, representing real estate, insurance, and business agents and brokers, as well as accountants, property managers, and security companies in malpractice actions.

“We are very proud to have Jean Dalmore join the senior partnership,” said Managing Partner Dan L. Longo. “Her leadership, mentoring and legal skills will support the firm for many years to come.”

Growing up Ms. Dalmore knew her path would lead to a position as a business woman. She began her career as a licensed real estate agent and appraiser before going back to school to complete her undergraduate degree in business administration. With the goal of attending law school, Ms. Dalmore worked full time and attended California State University, Los Angeles year-round. After her second year at USC Law School, she joined M&C as a law clerk and has been at the firm ever since.

With more than 25 years of legal experience, Ms. Dalmore has built long-standing relationships with her clients with an unparalleled level of responsiveness. Her clients have come to rely on her ability to provide early evaluation of a matter and achieve a quick, cost effective resolution. She found that the skill set she gained during her real estate career carried over into her interest in construction law and professional liability. Ms. Dalmore is AV rated by Martindale Hubbell and is a well-respected attorney both at the firm and with her peers.

“It is my honor and pleasure to have been elevated to Senior Partner. Having worked my way up from a summer law clerk position, I believe I bring a unique perspective to this new role,” said Ms. Dalmore. “I look forward to working with the other Senior Partners in the management and future direction of the firm, and I hope my elevation serves as a role model for the firm’s associates as to what can be achieved with dedication and hard work.”

Murchison & Cumming’s Seitz and Gruppie Honored as Southern California Super Lawyers

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Murchison & Cumming, LLP is pleased to announce two attorneys from the firm’s Los Angeles office have been recognized in the 2020 Southern California Super Lawyers Edition. With a combined 75 years of legal experience, this year’s honorees are Senior Partners, and longtime honorees, Friedrich W. Seitz and Guy R. Gruppie.

Mr. Seitz chairs the Wildland Fire Litigation and the International Law practice groups and co-chairs the Product Liability, and Business Litigation practice groups. Mr. Seitz served as Managing Partner of the firm from 1986 to 2007 and has been recognized by Super Lawyers 16 times. He focuses his practice on domestic and international product liability, aviation, catastrophic injuries and business litigation and is a specialist in defending wildland fire cases. Mr. Seitz has tried more than 100 jury trials, most involving product liability matters. He is “AV” rated by Martindale Hubbell. Mr. Seitz served as arbitrator for the Los Angeles Superior Court – Special Arbitration Panel, and the Attorney Settlement Panel for the Los Angeles, Van Nuys, Santa Monica, and Torrance Superior Courts.

Mr. Gruppie, one of California’s go-to defense trial attorneys, has now been recognized as a Super Lawyer for the 12th consecutive year. He specializes in the defense of complex, high-stakes and high-profile litigation. His clients include national and major regional and local businesses, entertainment/media companies, celebrities, professional athletes and other high net-worth individuals. Mr. Gruppie is a sought-after speaker/lecturer on trial and tort trends. He is a member of the American Board of Trial Advocates (Associate Rank), Los Angeles Chapter, the Federation of Defense & Corporate Counsel (FDCC), and the Claims Litigation Management Alliance (CLM). Mr. Gruppie is “AV” rated by Martindale-Hubbell, has taught Civil Procedure at Southwestern Law School, and currently serves as a mediator with the Los Angeles Superior Court.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers who have been chosen by their peers and through independent research of Law & Politics. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Only the top 5% of attorneys in each state or region are honored as Super Lawyers.

Changes Coming to California’s Cannabis Market – Effective on Wednesday, January 1, 2020

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Beginning January 1, 2020, any package containing cannabis or cannabis products that are transferred to a Distributor for retail sale, must be in child-resistant packaging ( (“CRP”) which is designed to be difficult for children under five years of age to open.

Pursuant to Section 40417 of Title 17 of the California Code of Regulations, there are three (3) types of packaging that qualify as child-resistant packaging:
1) Packages that have been certified as child-resistant under the requirements of the Poison Prevention Packaging Act (PPPA, 16 CFR 1700.15(b)(1)). To meet this standard, packaging must be tested and be certified as meeting the PPPA standards. You can ask your packaging supplier if the packaging you are considering has PPPA-compliant certification.
2) A bottle sealed with a pry-off metal crown cork-style bottle cap (for packages containing only a single serving).
3) Plastic packaging that is at least 4 mils thick and heat-sealed without an easy-open tab, dimple, corner, or flap (for packages containing only a single serving).
Depending on the type cannabis or cannabis product sold, the product must be packaged in either a Single-Use (“Initial CRP”) or Multiple-Use (“Lifetime CRP”) child resistant packaging.
California’s Department of Public Health’s Manufactured Safety Branch has provided a Packaging Handout to assist Licensees in identifying what type of Child-Resistant Packaging is required for the type of cannabis or cannabis product transferred to a Distributor for retail sale.
Cannabis Taxes
Effective January 1, 2020, the California Department of Tax and Fee Administration (CDTFA) will increase Cannabis Cultivation Tax Rates and raise the Mark-Up Rate from 60 percent to 80 percent.
Mark-Up Rate:
According to the CDTFA website, “the Mark-Up Rate is used by Distributors to compute the ‘Average Market Price’ of cannabis or cannabis products sold or transferred to a retailer in an Arm’s Length Transaction.” The CDTFA will determine the Mark-Up Rate on a biannual basis in six month intervals.
In an “Arm’s Length Transaction”, the Average Market Price is equal to the Wholesale Cost plus the Mark-Up Rate of 80%. The Cannabis Excise Tax remains at 15% and is then multiplied by the Average Market Price in a retail transaction.
According to the CDTFA, the Arm’s Length Transaction formula would be calculated as follows:
  • (Wholesale Cost x 80%) = Mark-Up Rate
  • (Wholesale Cost) + (Mark-Up Rate) = Average Market Price
  • Average Market Price x (15% Excise Tax) = Amount Distributor collects from Retailer and remits as the Excise Tax payment to CDTFA.
In a Non-Arm’s Length transaction, the Average Market Price is equal to the Retailer’s gross receipts from the retail sale of cannabis or cannabis products. The CDTFA identifies Non-Arm’s Length transactions as including a transaction between a cannabis licensee that is licensed as both a Distributor and a Retailer, or a transaction within a Microbusiness that engages in Distribution and Retail activities.
Cultivation Taxes
The Cultivation Taxes are paid by the Distributor who collects this tax from either or both the Cultivator and/or Manufacturer.
According to the CDTFA website, the Cannabis Cultivation Tax Rates needed to be increased to reflect adjustments in inflation. The Cultivation Tax applies to all cannabis and cannabis products that are sold or transferred on or after January 1, 2020.
The increased Cultivation Tax Rates are listed below. Rates are determined based on the type of cannabis category, and are represented in ounces, with conversion into pounds:
CANNABIS
CATEGORY
PREVIOUS  RATE
EFFECTIVE
1/1/2018 – 12/31/2019
*NEW RATE*
EFFECTIVE
1/1/20
Flower per dry-weight ounce
$9.25/oz.
(or $148.00/lbs.)
$9.65/oz.
(or $154.40/lbs.)
Leaves per dry-weight ounce
$2.75/oz.
(or $44.00/lbs.)
$2.87/oz.
(or $45.92/lbs.)
Fresh cannabis plant per ounce
$1.29/oz.
(or $20.64/lbs.)
$1.35/oz.
(or $21.60/lbs.)
Cannabis Licensees are strongly encouraged to review the general guidance provided on the CDTFA’s Tax Guide for Cannabis Businesses website and consult with their certified public accountant and/or legal counsel.
If you are interested in learning more about California’s commercial cannabis licensing laws and regulations, please contact Ken Moreno.

Murchison & Cumming Welcomes New Associate to Los Angeles Office

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Murchison & Cumming is pleased to announce that Todd G. Lezon has joined the Los Angeles office as an Associate Attorney focusing his practice on transportation liability. Before law school, Todd served in the U.S. Army as a non-commissioned officer and deployed to Iraq twice in support of Operation Iraqi Freedom. During his first tour of duty he was part of a military police unit that entered Iraq during initial combat operations. During his second tour, Todd led a special operations forces team tasked with implementing the division commanders’ counterinsurgency strategy in central Iraq. For his service, Todd was awarded the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, and the Army Commendation Medal.

Todd earned a BA in Political Science from the University of California, San Diego and a JD from California Western School of Law in 2011. After earning his JD, Todd earned an advanced LLM law degree in Taxation from the University of San Diego School of Law. During his last semester of law school he participated in a full-time, internship-for-credit program and worked as an intern for a sole practitioner in San Diego, and who taught him the fundamentals of consumer bankruptcy, estate planning, and personal injury.

Dan Longo named Chair of USLAW NETWORK

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Murchison & Cumming is pleased to annouce that Managing Partner Dan L. Longo has been named Chair of USLAW NETWORK for 2019-20. He succeeds Kevin L. Fritz of Lashly & Baer, P.C. in St. Louis, Missouri. The change of leadership was made at the NETWORK’s annual Fall Member Business Meeting in Washington, D.C.

“I am honored to serve as Chair of USLAW NETWORK for the coming year and continue the work of our Board that is focused on client service, client resources, trusted referrals and ongoing business development,” said Longo. “These are exciting times in the legal profession, and I look forward to collaborating with both my USLAW colleagues and our many clients to ensure that we embrace the changing landscape, including new technology, to ensure we continue to provide legal services efficiently, economically and with cutting-edge advice.”

Mr. Longo is a senior partner and serves as the managing partner of Murchison & Cumming. He also co-chairs the Health Law and Professional Liability practice groups. Mr. Longo primarily represents skilled nursing facilities, board and care facilities, and hospitals. He focuses his practice in the areas of medical malpractice, legal malpractice, insurance agent/broker E&O, general liability, providing insurers with coverage, HOA, and directors and officers liability in a variety of litigation matters. He also has substantial experience in construction defect matters involving a wide array of legal issues

Murchison & Cumming’s Michael Nunez and Arleen Milian Participating in LACBA’s Diversity & Inclusion Conference

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Murchison & Cumming is pleased to announce that Senior Partner, Michael J. Nunez and Director of Client Relations, Arleen S. Milian are participating in the Los Angeles County Bar Association Diversity & Inclusion Conference on Friday, September 27. The conference is presenting a full-day program focusing on diversity and inclusion. Michael and Arleen will be participating as part of a panel discussion called, “Summit of Managing Partners and Diversity Partners: What Works and What Doesn’t?” The panel will discuss initiatives being adopted by law firms across the country that have helped the firms achieve measures of success.

Mr. Nunez is the Chair of the Diversity & Inclusion Committee and the Partner-in-Charge of M&C’s Las Vegas office. He handles general and professional liability, hospitality, HOA, D&O, breaches of fiduciary duties, corporate litigation, contract disputes, and transactional, and employment related matters including wrongful termination claims and Title VII and state unlawful discrimination claims. Michael is a founding member and served on the Board of Directors of Las Vegas Defense Lawyers (LVDL) which is the “defense bar” for Southern Nevada. LVDL offers CLE classes to members of the Nevada Bar, promotes civility and fairness in the judicial systems of Nevada and advocates and lobbies for legislative change, amendments and clarification before the State Assembly of Nevada on issues pertaining to the Defense Bar and Legal Profession. He is AV-rated by Martindale-Hubbell.

Ms. Milian oversees the firm’s diversity and inclusion initiative, client development, marketing, and public relations initiatives. She is a member of the Legal Marketing Association’s (LMA) Diversity and Inclusion Committee whose mission is to effectuate change by empowering and equipping LMA and its members to build diverse and inclusive marketing and business development teams. Her primary focus involves coaching professionals, and effectively providing personalized guidance in relationship management. Arleen’s career highlights include spearheading M&C’s comprehensive rebranding initiative–from inception through execution to enhance the firm’s visibility, and the successful launch of the Firm’s Diversity & Inclusion Initiative program.

Murchison & Cumming Welcomes New Associate Partner to San Francisco Office

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Murchison & Cumming is pleased to announce that Joseph A. Whitecavage has joined the firm as an Associate Partner in the San Francisco office. With more than 25 years of experience, Mr. Whitecavage has defense experience that includes insurance, products liability, vehicle warranty, and complex antitrust litigation. He understands that litigation can be a very stressful experience and therefore continually keeps his clients informed of the progress of the case with a realistic picture of what they can expect. His clients have come to trust and respect his honest and thoughtful work as he zealously represents every matter.

Joe received a BA and MA in Economics from Cornell University and wasn’t quite sure which step to take next. A family member had just completed law school and after learning more about the profession, he decided to continue onto University of Wisconsin School of Law where he was an articles editor on the Wisconsin Law Review. After a summer internship with a major firm in San Francisco, Joe decided San Francisco was the place to be, and he has practiced in the area ever since.

M&C Partners Gruppie and Trinh to Participate in Nation’s Largest Trial Lawyer Conference

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Senior Partner Guy R. Gruppie and Partner Mary C. Trinh are scheduled to participate at the 37th Annual Consumer Attorneys Association of Los Angeles meeting at the Wynn Las Vegas August 30-September 1. The event is by far the nation’s largest annual trial lawyer/litigation conference.

Mr. Gruppie will present the defense perspective in “Medicine for Lawyers,” a Continuing Legal Education panel which will focus generally on personal injury litigation involving spine and joint trauma and neuroradiology issues. Topics are expected to include reasonableness and necessity of modalities of medical care, including surgery versus conservative treatment options, costs of the same, expert witness strategy, demonstrative medical evidence options, and general and special damages themes. Ms. Trinh will participate in forums that include litigating soft-tissue injury cases and developments in e-discovery.