Dan Jacobson

DLJ

DAN 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 cases. 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.  But frankly, it is Mr. Jacobson’s scholarly and deep knowledge of California contract law that separates him from the pack. He puts this knowledge into practical use, protecting his clients time after time.

*** Multi-party, complex litigation;

*** Heavy trial experience;

*** Attorney fees obtained from opposition;

*** When defending clients, many, many settlements for ZERO dollars;

*** Expert on California contract law

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

 

Insurance Regulation:

In 2006 Congressman 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 Governor Jerry Brown (when the Governor was Attorney General), 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 achieved important legislative and administrative changes that have enhanced the health of California’s insurance industry.

 

Regulatory law generally:

Mr. Jacobson is a Member of the California Board of Accountancy, the Board that licenses, polices, and regulates all of California’s CPAs and CPA firms.  He was appointed to the “CBA” by Assembly Speaker Anthony Rendon. Mr. Jacobson is able to use his sound business-attorney knowledge and judgment in this post, to regulate the accountancy profession.

 

 Highly Respected Member of the Orange County 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.

          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.

 

 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.

            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: 

“Unpacking a Rare Split Decision on Permissive Joinder,”  01/23/15 San Francisco Daily Journal and Los Angeles Daily Journal.  An analysis of a 2015 Division Three of the Fourth District Court of Appeal’s split decision on the issue of permissive joinder in a “mass joinder” case.

“Not Your Parents’ Trespass Damages,” 01/15 Orange County Lawyer, page 28.  An Analysis of California’s revolutionary statute on damages for trespass.

“The Emperor Has No Completed Operations”, 07/14 Orange County Lawyer.  An Analysis of California’s courts exasperation with insurance companies Completed Operations clauses.

Jacobson “Indemnity Primer”  California Lawyer Volume 33, Number 2, Page 34.  An analysis of California law related to contractual indemnity, and to implied indemnity. 

Jacobson “An Indemnity Clause By Any Other Name” The San Francisco Daily Journal and The Los Angeles Daily Journal 08/16/11. An analysis of various types of indemnity clauses, and how California law treats those clauses. 

Jacobson “The Armstrong Election — A Misnomer With a Powerful Purpose” Orange County Lawyer 09/11 Vol. 53, No. 9, Page 16; LEXIS citation: 53 Orange County Lawyer 16. An analysis of the California law that prohibits “stacking” of insurance deductibles in progressively deteriorating damages cases and allows an insured in such cases to elect which deductible it will pay. 

Jacobson “Do ‘Special Answers’ Make a Sound?” 07/27/10 The San Francisco Daily Journal and The Los Angeles Daily Journal. An analysis of “Special Answers”, which allow a cross-defendant to assert defenses against not only the cross-complainant, but also against the plaintiff.

 Jacobson “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.

 

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: 

                        *** Chair, 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.) 

                        *** Member of the California Board of Accountancy, the Board that licenses, polices, and regulate California’s CPAs and CPA firms.

                        *** Director on Board of Directors of the Donna O’Neill Land Conservancy (Appointed by the County of Orange) (Ret.) 

                        *** 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.