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Josef Cowan | Civil Litigation Construction Law Firm Los Angeles
Attorney News | 2013/10/25 21:46

Josef Cowan founded our firm over 20 years ago.  The following are some questions and answers that discuss his unique qualities and why so many individuals and businesses trust our firm with their legal and business needs.

Q.    Why did you become a lawyer?

A.    I’m the youngest of 6 kids raised by a single mother.  We didn’t have much money, so I started working in the construction industry at a very young age.  In fact, I started a construction business when I was 17 years old, and that company is still in existence and has over 400 employees.  The construction industry involves a huge number of legal issues in a wide variety of different areas.  I always found the legal issues fascinating and believed that a solid understanding of the law and ability to resolve complex issues is a huge advantage in business.

Q.    What inspired you to found the Cowan Law Group?

A.    When I originally went to law school, I intended to use my legal training to help me with the construction business I started.  However, I found I have a real passion for helping individuals and small to medium-sized companies resolve their legal and business problems in ways that make good business sense.

Q.    How is the Cowan Law group different from other law firms?

A.    There are far too many firms that provide little to no value to their clients, and many that create more problems than they resolve.   In many instances, the attorneys are good, smart people, but they don’t have the background or business savvy necessary to provide truly strategic, cost-effective legal solutions to their clients.  This is a real problem because a good attorney who understands not just the legal issues, but also his client’s business challenges and objectives, is a tremendous resource and strategic advantage.  With that in mind, I created the Cowan Law Group, whose main mission is to provide legal services that are smart, creative, and practical.

Q.    So what makes you a good lawyer and advisor?

A.    I have benefitted greatly from a first class college and legal education.  What I believe is even more important, however, is my life experience.  Starting at a very young age, I have had to overcome many challenges both personally and in business.  As a lawyer and advisor, these experiences have been invaluable because, through them, I have developed an ability to look at problems and challenges and know how to navigate through them in ways that are smart and effective.  

But what is most telling is what my clients say.  Over the course of my legal career, I have successfully resolved over $700 million of legal disputes in many different areas, including general business, real estate, construction, employment, and trade secret litigation, and I have handled a large number of business transactions.  My clients often tell me that I provide counseling that is practical and mindful of business priorities, and that I handle it all well.


Fla. appeals court lifts temporary ban on auto law
Legal News | 2013/10/25 20:19

A Florida appeals court on Wednesday cleared the way for the enforcement of a controversial auto insurance law that backers say was designed to curb fraudulent claims.

The 1st District Court of Appeal ruled that Tallahassee Circuit Judge Terry Lewis was wrong when he sided with physical therapists and other health care providers challenging the 2012 law.

In March, Lewis ruled that modifications to some of the key provisions of Florida's no-fault auto insurance law were possibly unconstitutional, and he ordered a temporary ban on those provisions.

Lewis suspended the part of the law that requires a finding of emergency medical condition and prohibits payments to acupuncturists, massage therapists and chiropractors. He said the law violates the right of access to the courts found in the Florida Constitution.

But the appeals court contended that those seeking to block enforcement of the law had not shown they were actually being harmed by it.

"Without showing of an actual denial of access to courts ... the provider plaintiffs lack standing to assert this claim," states the unsigned opinion.

The ruling, however, does not end the ongoing lawsuit challenging the new law.

Florida legislators passed the state's no-fault insurance law — also known as Personal Injury Protection — in the early 1970s to ensure that anyone hurt in an automobile wreck could obtain medical treatment without delay, while waiting for a case to be resolved.


Appeals court rejects secret Delaware arbitration
Court Line | 2013/10/23 18:13

A federal appeals court has upheld a ruling declaring that a Delaware law allowing chancery judges to oversee secret arbitration in high-stakes business disputes is unconstitutional.

A three-judge panel of the Third U.S. Circuit Court of Appeals ruled 2-to-1 Wednesday to uphold a federal judge's ruling in favor of the Delaware Coalition for Open Government, which challenged the law.

DelCOG, backed by The Associated Press, The New York Times and several other major news organizations, claimed in its lawsuit that the secret arbitration conducted by Delaware's Chancery Court violated the First Amendment rights of citizens to attend judicial proceedings and access court records.

Attorneys for the state argued that secret arbitration made the Chancery Court more efficient and generated revenue for Delaware, corporate home to thousands of companies.


Justice's wheels slowed as shutdown hits courts
Court Watch | 2013/10/14 20:20

The government shutdown is slowing the wheels of justice in federal courts by delaying civil cases, forcing prosecutors to operate with skeleton staffs and raising uncertainty about the system's immediate future if the stalemate continues past Thursday.

That's when federal courts officials expect the reserve funds they have been using since the Oct. 1 start of the shutdown will run out.

Criminal cases, which are required by law to go to a speedy trial, are still moving ahead, as are most bankruptcy cases and appeals. Civil cases and those in immigration court, however, are feeling the greatest impact from the shutdown.

"The Constitution tells us what we have to do and we can't control our workload. It walks in the door, whether we're funded or not funded," said U.S. District Court Chief Judge Loretta Preska in New York, who has put all civil cases except those already in trial on hold at the request of the U.S. Attorney there.

She said the nearly 450 district court employees that serve the New York metro area will report to work to keep criminal cases on track even if funds run out. Officials at courts based in San Francisco, Philadelphia and St. Louis, Mo., also say their employees will work.


Calif. court: Spanking with wooden spoon not abuse
Legal News | 2013/10/11 17:22

A state appeals court on Tuesday tossed out child abuse findings against a frustrated Northern California mother who spanked her 12-year-old daughter hard enough with a wooden spoon to cause bruising.

The 6th District Court of Appeal in San Jose reversed the child abuse determination made by the Santa Clara County Department of Social Services. Social workers waned to report Vernica Gonzalez to the state Department of Justice's child abuse database with a "substantiated" abuse determination. That determination was upheld by a trial court judge.

The appeals court said the spanking came close to abuse, but that social workers and the lower court judge failed to consider the family's entire circumstances.

Gonzalez and her husband testified that other forms of punishment such as groundings and taking away her phone had failed to persuade their 12-year-old daughter to do her schoolwork and avoid gang culture. The parents said that other family members had testified that spankings in the household were a rarity.

The appeals court said the mother's growing frustration with her daughter's behavior and her intention not to inflict harm in the April 2010 spanking weighed heavily in its ruling.



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