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.

Murchison & Cumming Welcomes New Senior Associate to Los Angeles

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Murchison & Cumming, LLP is pleased to announce that Celim E. Huezo has joined the Los Angeles office of Murchison & Cumming, LLP. With nearly 15 years of experience, Mr. Huezo understands the nuances of his clients’ cases and ensures they are an active part of the litigation process. Mr. Huezo prides himself on being a calming presence during conflict resolution and uses his ability to resolve conflict in a cost-effective and personable manner. One example of Celim’s conflict resolution skills includes a bad faith matter arising out of a homeowner’s insurance policy where he successfully removed the matter to federal court and filed a motion to dismiss the complaint, which was granted without leave to amend.

A graduate of the University of Southern California, Mr. Huezo received a Bachelor of Arts in International Relations and Political Science. He continued on to law school at Syracuse University College of Law where he was Vice President of the International Law Society.

Murchison & Cumming Attorney Kelsey Maxwell Named to Southern California Rising Stars List

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Murchison & Cumming, LLP is pleased to announce that Associate Kelsey L. Maxwell has been selected to the 2019 Southern California Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of the lawyers in Southern California.

Ms. Maxwell focuses her practice on the areas of general liability, and specialty tort including habitability and discrimination claims. Her desire to help people and advocate for those that need assistance has allowed her clients to expect first rate responsiveness and customer service. She goes above and beyond to be sure that matters can be resolved quickly and efficiently to best suit her client’s needs. Ms. Maxwell routinely seeks to resolve cases through dispositive motions and has found success with these motions both in the courtroom and as leverage to encourage early resolution. In a recent case, she had a products liability case dismissed right before trial on a motion on limine which was later upheld on appeal.

Ms. Maxwell is a graduate of The University of Arizona (B.A.) and Chapman University, Dale E. Fowler School of Law (J.D.). Ms. Maxwell’s father is also a defense attorney and observing him while growing up was a key factor to her becoming a lawyer. Having started undergraduate school at 17 and graduating in three years, she passed the California Bar Exam at only 23 years old and became a practicing attorney that same year.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Seven from Murchison & Cumming Named Top Lawyers by San Diego Magazine

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Murchison & Cumming, LLP is pleased to announce that seven of its attorneys have been recognized as 2019 Top Lawyers by San Diego Magazine. Congratulations to Senior Partner Kenneth H. Moreno, Partners Matthew H. Printz and Jefferson S. Smith, Associate Partners J. Lynn Feldner and Robert M. Scherk, and Of Counsel David M. Hall and Joseph Fox. To compile the list of top lawyers, San Diego Magazine asks Martindale-Hubbell® to share its list of local lawyers that have reached the highest levels of professional excellence.

Kenneth H. Moreno is the Partner-in-Charge of the San Diego office of Murchison & Cumming, LLP. Mr. Moreno handles a variety of specialty cases including employment litigation, professional liability, bad faith, general liability, construction defect, HOA, breaches of fiduciary duties, health law and medical malpractice.

Matthew H. Printz focuses his practice in the areas of construction and general liability law and serves as Co-Chair of the firm’s Construction Law practice group. He has represented numerous developers and subcontractors in construction defect litigation, mechanic’s lien actions, and public works projects and has a background in products liability, personal injury, and professional liability cases.

Jefferson S. Smith is the Co-Chair of the General Liability & Casualty Practice Group and a member of the Hospitality Law practice group. He focuses his practice in the areas of commercial litigation, product litigation, hospitality, medical malpractice litigation and general litigation. Mr. Smith has experience representing self-insured entertainment, landowner, hotel, restaurant, and commercial venues, entities, and individuals.

J. Lynn Feldner focuses her practice in areas of general liability, medical malpractice, construction defect and product liability, and her practice includes substantial experience in complex litigation matters. Ms. Feldner has successfully defended individuals, small businesses and large corporate clients through all aspects of litigation including trials and arbitrations as well as achieving great results through the Alternative Dispute Resolution process.

Robert M. Scherk is a member of the General Liability and Professional Liability practice groups. He focuses his practice in areas of professional and legal malpractice, general and product liability, premises liability, and business and commercial law. Mr. Scherk has tried more than 26 cases to verdict and arbitrated or mediated hundreds more to successful conclusion. He is a member of the San Diego Chapter of American Board of Trial Advocates.

David M. Hall focuses his practice in the areas of construction law and general liability. His experience includes handling matters involving construction defect, insurance bad faith, premises liability and other torts. Mr. Hall’s clients consist predominantly of builders, subcontractors and construction material suppliers. Mr. Hall’s clients consist of subcontractors and construction material suppliers. He is experienced in all phases of litigation, arbitration and mediation. Mr. Hall also has a successful appellate track record.

Joseph Fox serves as Co-Chair of the firm’s Business & Real Estate Transactions practice group and is a member of the General Liability & Casualty and Cannabis Law practice groups. His experience includes handling business formations, purchases and sales of businesses, litigation of business disputes, real property purchase and sale dissolution, disassociation and breach of contract, residential and commercial real property purchase and sale transactions, residential and commercial unlawful detainers, boundary and easement disputes and landlord and tenant matters.

About Murchison & Cumming, LLP
With a firm history dating to 1930, Murchison & Cumming, LLP is a premier, AV-rated civil litigation firm with five offices in California and Las Vegas, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The firm’s attorneys also handle employment matters and business transactions. The firm is a member of the USLAW and Insuralex Networks.

About Martindale-Hubbell® Peer Review Ratings™
The Martindale-Hubbell® Peer Review Ratings™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States. Martindale-Hubbell® Peer Review Ratings™ reflect a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating in five key areas, legal knowledge, analytical capabilities, judgment, communication ability, and legal experience.