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Jacobson & Associates wins lawsuits. The general public might not see this as much of a boast; what kind of law firm doesn’t win law suits? But, those sophisticated in the litigation arena know that most firms do not win lawsuits; they settle them, convincing their clients that the settlement is “reasonable”. Jacobson & Associates wins lawsuits.

While there are times that a settlement is the best course of action, there are other times when actually prevailing, winning is the right thing to do for the client.

How is it that Jacobson & Associates can be so far above other law firms in the “win” category? Legal acumen, legal experience, and dogged dedication.

Daniel Lee Jacobson, the principal of the firm is not only an attorney, but a long-time law professor. His scholarly articles have been widely published in California’s leading legal journals. Mr. Jacobson’s in-depth scholarly legal studies have given him a unique and deep understanding of California law. Those studies, and that unique and deep understand extend to the law of contracts, and include the specialized area of indemnification; both express indemnity and implied indemnity.

This allows the firm to use law that others do not even know exist, or do not well understand.

Mr. Jacobson has extremely heavy experience in litigation, and in insurance-related matters. He has spent more than two decades successfully litigating such. He has served as a Governor of the California Insurance Guarantee Association (“CIGA”), which has allowed him hands on experience working with the California Department of Insurance, the California Attorney General, and the California State Legislature on insurance regulatory matters.

Associate Robyn L. Pool is a highly intelligent attorney who outside of the office continually studies legal treatises; and attends and participates in panel discussions on legal issues. Ms. Pool’s heavy experience in the defense of clients and in insurance coverage issues is laudable. She has successfully defended all sorts of claims against various categories of clients, and has been heavily involved in “additional insured” issues.

Associate J. Kevin Downes is a brilliant lawyer. Mr. Downes graduated from Georgetown Law Center, a “top 20” law school. Since 1971 Mr. Downes has successfully tackled the toughest of legal assignments. Mr. Downes has practiced law in California for decades, and before that practiced in the District of Columbia and in the State of Washington. His legal brilliance is a basis for his client’s consistent happiness with the fantastic legal results that he achieves.

When the firm’s legal acumen is combined with its vast experience and its dedication, its abilities become unmatchable; and it wins – for its clients.

The Attorneys

DANIEL LEE JACOBSON

Principal

Experienced Attorney:

Litigator:

Mr. Jacobson has practiced civil litigation law in California since 1988. Much of that practice has been spent litigating complex issues in cases

that the courts have deemed “complex” under California law. These cases often have hundreds of parties, and a host of cutting-edge legal issues,

including those involving contractual indemnity, and implied indemnity.

Mr. Jacobson’s experience and knowledge of civil litigation enables him to deftly handle the most difficult of situations to reach highly successful

results for his clients.

*** Heavy trial experience;

*** Attorney fees obtained from opposition;

*** When representing defendants, many, many settlements for ZERO dollars;

*** Multi-party complex litigation;

*** Construction defect;

*** Indemnity, contractual and implied

*** Food poisoning;

*** Restaurant, school, and retail store slip/trip and falls;

*** Auto cases;

*** Advertising injury;

*** Americans with Disabilities Act.

Above is just a sample of Mr. Jacobson’s litigation experience.

Insurance Regulation:

In 2006 Lieutenant Governor John Garamendi (when he was California’s Insurance Commissioner) appointed Mr. Jacobson to the Board of

Governors of the California Insurance Guarantee Association (“CIGA”). In his role as a Governor of CIGA Mr. Jacobson has worked closely

with Attorney General Jerry Brown, Senator Lou Correa (a member of the State Senate’s Banking, Finance, and Insurance Committee), and the Department of Insurance’s Legal Department on matters of insurance regulation.

As a Governor of CIGA Mr. Jacobson has achieved important legislative and administrative changes that have enhanced the health of California’s insurance industry.

Highly Respected Member of the Bar:

Mr. Jacobson is admired within the Bar, not only for his legal practice, but also for the many contributions that he has made to the legal profession.

Besides being a very successful attorney, Mr. Jacobson gives freely of his legal talent to the community.

Law Professor:

Although Mr. Jacobson has been a full-time attorney for all of his career, for almost all of his career he has also taught law in the evenings and on weekends as an Adjunct Professor of Law. Mr. Jacobson believes that society benefits when new generations of lawyers are well-educated.

Currently Mr. Jacobson is an Adjunct Professor of Law at Pacific West College of Law where he teaches Contracts, Evidence, the Uniform Commercial Code, Corporations, and other subjects related to his civil practice.

Temporary Judge Panel:

Mr. Jacobson has volunteered as a Temporary Judge for the Orange County Superior Court, where he sat as a trial judge in Small Claims and Traffic trials. This allowed the Court’s permanent judges to better allocate their time, while giving Small Claims and Traffic litigants the benefit of Mr. Jacobson’s experience and knowledge.

Honorary Degree:

In 2003 Pacific West College of Law awarded Mr. Jacobson an Honorary Juris Doctor Degree in recognition of Mr. Jacobson’s many

contributions to the law.

Scholarly Articles, Texts, and Seminars:

Mr. Jacobson authors scholarly articles for California Lawyer magazine, California’s magazine of record for the legal community;

The Los Angeles Daily Journal and The San Francisco Daily Journal, California’s newspapers of record for the legal community;

Orange County Lawyer; and other publications.

He has also co-authored a text for Lorman Educational Services, and has been a prime participant in seminars, teaching various groups about

their legal rights and obligations.

Published articles:

“Action Satisfaction” 07/22/09 The San Francisco Daily Journal and The Los Angeles Daily Journal page 7. An analysis of the profound answer to the simple question, what is a cause of action?

Jacobson, “California Supreme Court Declares No Fault Indemnity” 06/09 Orange County Lawyer page 35. An analysis of the Supreme Court’s decision in

Crawford v. Weather Shield 44 Cal.4th 541 (2008). Called, “in depth,” and “must reading for anyone wanting to get up to speed on construction indemnity/defense contractual provisions” by the venerable California Attorney’s Fees (www.calattorneysfees.com/cases_indemnity/)

Jacobson, “Contracting Clarity.” 04/16/09 The San Francisco Daily Journal and The Los Angeles Daily Journal page 7. An analysis of implied contractual indemnity, with an emphasis on whether such sounds in contract.

Jacobson “This Time It’s Personal” 03/31/09 The San Francisco Daily Journal and The Los Angeles Daily Journal page 7. An analysis of Constitutional and California statutory law re specific personal jurisdiction contrasted with general personal jurisdiction.

Jacobson “Get It in Writing?” 05/06/08 The San Francisco Daily Journal and The Los Angeles Daily Journal page 7. An analysis of the California Supreme Court’s interpretation of California’s general statute of frauds.

Jacobson “The Legislature has to Change the Delegate Selection Process” 02/01/08 The San Francisco Daily Journal and The Los Angeles Daily Journal. An analysis of the Electoral College clause of the U.S. Constitution and its proscription against any body other than a state’s Legislature changing the manner in which that state selects electors to the Electoral College.

Jacobson “A Brief History of Time Limits” 06/06/07 The San Francisco Daily Journal and The Los Angeles Daily Journal. An analysis of the history, purposes, definition, and applications of statutes of limitations.

Jacobson “Indian Sovereignty – A Brief History” 06/07 Orange County Lawyer 32. An analysis of the legal history of sovereignty issues pertaining to Native Americans.

Jacobson “Insurer Learns It Can’t Wiggle Out of Its Duty to Defend” 09/29/06 The San Francisco Daily Journal and The Los Angeles Daily Journal. An analysis of Standard Fire Insurance Co. v. The Spectrum Community Association, an insurance coverage case that dealt with many issues that arise in the construction defect context.

Jacobson “Bad Faith Can Pierce Corporate Shield” 07/06/06 The San Francisco Daily Journal and The Los Angeles Daily Journal page 9. Analysis of the alter ego doctrine, and how it does and does not protect the assets of corporate shareholders.

Jacobson “Is the Billable Hour Running Out of Time” April, 2006 California Lawyer, page 36. An analysis of the history, current state of,

and potential future for the hourly billing system. (Listed as source material in The Bar of Quebec’s 2006 “Bibliography and

Webographie Selectives on the Equity and the Diversity Within the Law Profession”; cited at Davis, Tom “Billable Hours Death Has Been

Greatly Exaggerated”, 04/03/06 morepartnerincome.com.)

Jacobson “Academic Senates Have Role in Designing Hiring Policies” 9/1/05 The Daily Journal. An analysis of the legal character of California’s

Community College Academic Senates.

Jacobson “Absence of Prevailing Party Won’t Preclude Lawyer Fees” 5/23/05 The Daily Journal. An analysis of California law regarding fee

shifting in contract litigation.

Jacobson “Law Schools Need to Teach Statutory-Construction Rules” 12/10/04 The Daily Journal. An analysis of the law of statutory

interpretation.

Jacobson “Courts Differ Over Who Can Sue for Construction Defects” 7/8/04 The Daily Journal page 7. An analysis of the differing views

amongst California’s Courts of Appeal Regarding the accrual in tort of a construction defect action.

Jacobson “Dogs Are Humans’ Best Friend, Not Best Evidence” 4/22/04 The Daily Journal page 7. An Analysis of statutory law, common law,

and Constitutional law regarding dog tracking evidence.

Jacobson “Burden of Proof, Producing Evidence Have Distinct Roles” 3/10/04 The Daily Journal page 7. An analysis of California evidence

law related to the rules and effect of the dual burdens of proof and of producing evidence.

Jacobson “Wildfire Victims May Sue for Fire-Protection-Related Defects” 12/12/03 The Daily Journal page 7. An analysis of contractual and

tort remedies in construction defect lawsuits.

Jacobson “Privileges are not Just About Excluding Testimony” 10/6/03 The Daily Journal page 7. An analysis of the nature of legally

recognized confidentiality.

Jacobson “Understanding of History of Contract Interpretation Can Benefit Attorneys” 6/2/03 The Daily Journal page 7. An analysis of the

rules of contract interpretation, with an emphasis on the historical development of those rules.

Jacobson “New Construction Defect Law to Have Profound Effect on Litigation” 12/02 Orange County Lawyer. An analysis of California’s

complex statutory scheme for the litigation of construction defect claims.

Jacobson “Whether New Law Applies Retroactively is Open Question” 10/7/02 The Daily Journal. An analysis of certain strong legislative

punishments for unlicensed building contractors.

Jacobson “To Answer the Question . . . or Not?” 6/02 Orange County Lawyer page 32. An analysis of the law governing the behavior of counsel and parties at depositions.

Jacobson “Crucial Provisions, Enforcing Construction-Contract Indemnity Clauses” 1/14/02 The Daily Journal; and 03/24/03 Real Estate Journal. An analysis of the law governing express indemnity in construction contracts.

Jacobson “Wait and See, No Tort Recovery for Defects Not Yet Resulting in Damage” 01/08/01 The Daily Journal page 7. An analysis

of the California Supreme Court’s distinction between contract and tort remedies.

Jacobson “California’s Grandparents’ Rights” 10/00 Orange County Lawyer page 40. An analysis of the U.S. Supreme Court’s decision in Troxel v. Granville and that decision’s affect on the visitation rights of California grandparents. (Cited as point of Constitutional Law at Davis, “Non-Parent Visitation Statutes: Was Troxel v. Granville Their Death-Knell? 23 Whittier L. Rev. 721,754.)

Jacobson “Digital Pen” 8/28/00 California Law Business supplement to The Daily Journal. An analysis of the Federal “electronic signature” statute.

Jacobson “Knowing About Indemnification Clauses” 7/95 Indoor Comfort News. A lay explanation of the differences in the types of indemnification clauses that are found in subcontract agreements.

Jacobson “I Declare Under the Penalty of Perjury that the Foregoing Arguments and Opinions are True” XXXVIII #1 Dicta page 13.

A discussion of the uses and misuses of declarations.

Text: “Construction Project Operations” co-authored with Deborah Benson, James DeRosa, and Samuel L. McDermott. Available at

www.lorman.com

Seminars: Lorman’s Construction Project Operations in California (September 28, 2007)

Topics on Which Mr. Jacobson Lectured

“Construction Defect Claims – Defining, Comparing and Contrasting the Differing Roles of the Adjuster and Attorney in Protecting the

Contractor”

“Insurance Insolvency – Or What to Do if Your Insurance Company Goes Broke”

“Indemnification Inside and Outside of the Construction Contract”

2005-2006 Higher Education Law and Policy Institute (December, 2005)

Topics on Which Mr. Jacobson Lectured:

“Contract Litigation – How to Stay Out of It,

and How to Win It When You Can’t Stay Out of It”

“The Legal Characters and Roles of the

Various Organizations in the Collegiate Community”

Conference of Human Resource Managers Convened by

The Labor Letter

Topic on Which Mr. Jacobson Lectured:

Wrongful Termination Law

Career Conference

Topic on Which Mr. Jacobson Lectured:

Wrongful Termination Law

EDUCATION:

Mr. Jacobson received his Juris Doctor Degree from Thomas Jefferson

School of Law in 1987. He received his Bachelor of Science in Laws Degree from the same institution in 1986.

Mr. Jacobson completed his last 2 years of undergraduate college credit and his entire law school curriculum in only 2 ½ years.

AFFILIATIONS:

Civic and Community Organizations:

*** Chairperson of the Democratic Foundation of Orange County

*** Governor on the Board of Governors of the California Insurance Guarantee Association (“CIGA”) (Appointed by John Garamendi

when Congressman Garamendi was the Insurance Commissioner) (Ret.)

*** Director on Board of Directors of the Donna O’Neill Land Conservancy

(Appointed by the County of Orange)

*** Lifetime Member of Friends of the Tustin Library

*** Member of the Board of Directors of the Nanette Brody Dance Theater (Ret.)

*** Vice-Chairperson of the Long Beach Commission on Youth (Ret.)

*** Member, Sea and Sage Audubon Society

Law Related Organizations:

*** Member of the California State Bar

*** Member of the Bar of the U.S. Ninth Circuit

*** Member of the Bar of the U.S. District Court, Southern District of California Bar

*** Member of the Bar of the U.S. District Court, Central District of California Bar

*** Member of the Orange County Bar Association

*** Member of Delta Theta Phi Law Fraternity

*** Member of Thomas Jefferson School of Law Alumni Association.

Robyn L. Pool

Associate

Experienced Litigation Attorney:

Litigator:

Ms. Pool has practiced civil litigation in California since 2002. Much of her practice has been spent defending clients from a variety of different

claims.

Ms. Pool has:

*** represented “main” defendants in large complex, multi-party cases;

*** represented “non-main” defendants in large complex, multi-party cases;

*** represented restaurants in slip/trip and fall litigation;

*** represented restaurants in “foreign object” in food litigation;

*** represented auto dealerships;

*** represented manufacturers in product liability litigation;

Ms. Pool is:

*** expert in drafting bullet-proof pleadings and motions;

*** a skilled negotiator, bringing to the negotiation table toughness, in-depth legal knowledge, and the concerns of her client;

*** an excellent legal researcher, able to utilize today’s modern electronic law libraries, and traditional sources.

Above is just a sampling of Ms. Pool’s vast experience and varied talents.

OUT OF OFFICE LEGAL PURSUITS:

Ms. Pool engages in various civic functions where she can use her legal talents to

give back to the community.

Ms. Pool has:

*** Sat as a Hearing Officer, conducting Small Claims Liability Proceedings for the West Phoenix Justice Court in Phoenix, Arizona;

*** Attended and engaged in panel legal discussions to advance community interests;

*** Given of her time pro bono on as as-needed basis.

EDUCATION:

Ms. Pool was awarded a Juris Doctor Degree by Whittier Law School in 2000. In 1996 she earned her Bachelor of Science Degree in

Administration of Justice from Arizona State University. Ms. Pool graduated summa cum laude.

AFFILIATIONS:

*** California State Bar, Member;

*** United States District Court, Southern District of California, Member;

*** United States District Court, Central District of California, Member.

JOSEPH KEVIN DOWNES

Associate

Experienced Litigator:

Litigator:

Mr. Downes has practiced civil litigation since 1971. He is a civil litigator with a legacy of successful mediations, arbitrations and trials.

Mr. Downes has successfully litigated numerous high-value cases, many of which were extremely complex, and many of which involved major contractual and implied indemnity claims.

*** Heavy trial experience

*** Multiple first chair jury trial experience

*** Construction defect jury trial experience

*** Many defense arbitration awards

*** Design defect litigation

*** Construction litigation

*** Multi-party complex litigation

*** Auto cases

*** Contractual indemnity defense

*** Premises liability, slip and fall

*** California public school law

*** Real estate matters

*** Class action litigation

*** Food poisoning

*** Governmental work: Mr. Downes served as an attorney with the National Labor Relations Board (“NLRB”), and as Assistant

Corporation Counsel for the District of Columbia, Law Enforcement Division

*** Served on a volunteer basis as Orange County Superior Court

Temporary Judge

Above is just a sample of Mr. Downes’ litigation experience

EDUCATION:

Mr. Downes earned his Juris Doctor degree from Georgetown Law Center in Washington D. C., a “top 20” law school.[1] He worked his way through law school as a United States Capitol Police Officer.

Mr. Downes earned his Bachelor of Arts Degree in Government from the University of Massachusetts at Amherst.

AFFILIATIONS:

*** Member of the California State Bar

*** President, Whatcom County Washington Bar Association (ret.)

*** 1^st Lieutenant, United States Air Force Reserve (ret.)

*** Member, United States Capitol Police Force, Washington D. C.

(ret.)

*** Attorney, NLRB, Region 21, Los Angeles (ret.)

*** Arcadia California Chamber of Commerce

*** San Juan Tug & Barge Co. Corporate Secretary (ret.)