.Works by David J.Cook Esq
BOOKS WRITTEN:
The Debt Collector's Handbook: Collecting Debts, Finding Assets, Enforcing Judgments, and Beating Your Creditors, American Bar Association, June, 2014.
Collection, Demand and Commercial Letters, American Bar Association, April, 2015.
Insolvency Explained, American Bar Association (2017).
:ARTICLES
- " Recovering an 'Ocean of Lost Revenue'," Utility News, Volume 8, No 2.
- "The Legal Process & Collections. Do you Know Your Rights and Limitations?, "Newspaper Financial Executives Journal, June 1993, Volume 46, No. 10.
- "Arbitration Can Save Money: Newspapers Can Save Substantial Amounts of Money on Legal Fees by Using an Arbitrator Instead of Court," Newspaper Financial Executive Journal, September 1993, Volume 47, Issue 2
- Thieves May Be Among Us, Newspaper Financial Executives Journal, October 1993, Volume 47, No. 3.
- Bankruptcy Weeds Out the Inept, Newspaper Financial Executives Journal, October 1993, Volume 47, No.4
- Cable Electric: A Public Power Co., Bulletin (Northwest Public Power Assn.), July 1994
- Legal Daze: What You Should Know Before You Buy A Lawyer, Newspaper Financial Executives, Quarterly, October 1994
- Small Business Should Profit From Deregulation of Energy Utilities," The Business Journal, Sonoma & Marin, 9/26/95 Solano & Napa, October 1994
- Billing Reconstruction," IRUPA NEWSLETTER, March 1995, Volume 6, Issue
- Metering Relationships in the Era of Deregulation, Public Utilities Fortnightly, March 1, 1995.
- Arbitration: Will It Make Litigation and Lawyers Obsolete? , Newspaper Financial Executives Quarterly, April, May, June 1995, Volume I, Issue 3
- Chapter 11's: Winding Your Way Through Disclosure Statements, Newspaper Financial Executives Quarterly, April, May, June 1995, Volume I, Issue 3
- Dishonestly in the Workplace: Stolen Instruments and Allocation of Loss--This Liability Could Be Yours Alone, Commercial Law Bulletin, May/ June 1995.
- Fraud in the Workplace: Missing Stolen and Embezzled Checks, Business Credit, The Publication For Credit And Financial Professionals, June 1995, and Employment Marketplace, Winter 1995.
- Credit Information Applications: A Simple Baking Lesson, Credit Research Digest, June 1995.
- QA 2/ Common Questions on Interest Charges on Wholesale Accounts, McCords, July 1995.
- Winding Your Way Through Chapter 11 Disclosure Statements and Plans of Arrangement, Business Credit, The Publication For Credit And Financial Professionals, July/August 1995.
- A Creditor’s Loss Becomes the Debtor’s Reorganization, Commercial Law Bulletin, July/August 1995.
- QA 2/Checks, McCords, August 1995
- “QA 2/Beating the Preference, McCords, August 1995.
- Road Map Through Fraud: Stops, Backroads, Turnouts and Detours, Commercial Law Bulletin, November/December 1995.
- Metering Relationships in the Era of Deregulation, Public Utilities Fort Nightly, March 1, 1995.
- Resins, Epoxies, SuperGlue and the Uniform Commercial Code, Commercial Law Bulletin, December 1996.
- Financial Statements: A Road to Hidden Treasures, Commercial Law Bulletin, January/February 1998.
- Settlement Strategies, Commercial Law Bulletin, November/December 1998.
- Grow Your Small Change into Big Money, Commercial Law Bulletin, May/June 2000.
- Getting Paid is Getting There, The Forum, September/October 2009. This article has been also published by The Commercial Law League of America in their publication entitled debt 3 (November 2010).
- The Garden Hose is the Insurance Policy, Plaintiff, January 2010.
- The Defendant Has Not Written You A Check- Now What?, The Federal Lawyer, February 2010.
- Getting Started. (A Guide To Starting Your Own Practice) California Litigation (State Bar of California Publication) May 2010. This article is also published by The Commercial Law League of America in their publication entitled debt 3 (Vol. 25, Issue 4, July/August 2010). This has also been published in Commercial Law League of America, Free Press Creditors’ Rights Section Newsletter, Free Press - Volume 8, Spring 2011.
- The Morning After - A Romp Through Asset Protection Commercial Law League of America Free Press Creditors Rights Section Newsletter - Volume 6, Summer 2010.
- Lifting the Veil of Asset Protection: Strategies to Uncover Hidden and Secreted Assets through the Development of Tent Pole Jurisdiction. Financial Fraud Law Report, Vol. 2, No. 9, October 2010.
- Class Actions and the Limits of Recovery: The Glass Jaw of Justice, Part 1 of 2, Journal of Legal Technology Risk Management, Fall 2010, Issue 5.1* 1.(November, 2010) [Peer Reviewed].
- Survey of Oppressive Terms In Real Property Leases: Unintended Consequences, Hidden Risks and Surprises. Commercial Law League of America Free Press Creditors’ Rights Section Newsletter, Vol 7, Fall 2010.
- Post-Judgment Remedies in Reaching Patents, Copyrights and Trademarks in the Enforcement of a Money Judgment. [Can The Sheriff Sell Dorothy's Ruby Slippers?] Northwestern Journal of Technology and Intellectual Property, Vol. 9, No. 3, Fall 2010. Cited by 3 other publications.
- The Wild West: Shootout in the Law and Motion Department: Being Successful in Cases That Involve Attachments, debt 3 [Commercial Law League of America] September/ October 2010, pp. 14-17, Vol. 25, Issue 5.
- Contract Terms as Asset Protection. (cover story) debt 3 [Commercial Law League of America], November/December 2010, pp. 9-11, Vol. 25, Issue No. 6.
- The Liability of Financial Institutions to an Attorney's Client When the Attorney Endorses a Settlement Check Without Authorization. Financial Fraud Law Report, Vol. 3, No. 1, January 2011.
- Reviewing Records to Fraud. Financial Fraud Law Reports, Vol 3, No. 2, Feb. 2011.
- The Death of Chapter 11 Plans: Are Confirmed Chapter 11 Plans Subject to Statutory Renewal? Pratt’s Journal of Bankruptcy Law, Vol. 7, No. 1, January 2011.
- Offshore Is Not Out Of Touch: Post-Judgment Enforcement Against Customers Of Offshore Judgment Debtors (cover story) debt 3 [Commercial Law League of America], January/February 2011, p. 9-12, Vol. 26, Issue 1.
- Disentitlement Of The Debtor From Judicial Proceedings: Defiant To the End, debt 3 [Commercial Law League of America], (cover story) March/April 2011, p. 8-14, Vol. 26, Issue 2.
- The Discretionary Stay Against Enforcement of a Judgment, Los Angeles Lawyer, April 2011, Volume 34, No. 2.
- Lifting the Veil of Asset Protection: Foreign Manufacturers are Offshore But Not Out of Reach. Pratt’s Journal of Bankruptcy Law, Volume 7, Number 4, pages 330-343, May/June 2011.
- The Garden Hose Is The Insurance Policy, Commercial Law League of America Free Press Creditors’ Rights Section Newsletter, The Free Press - Volume 8, Spring 2011.
- Getting Your Career In Gear, 53 Orange County Lawyer, 32-39, May, 2011.
- TMI: Online Tools For The Digital Trial Lawyer, Orange County Lawyer, Volume 53, No. 6, June 1, 2011.
- The Digital Sherpa, debt 3 [Commercial Law League of America], (cover story) May/June, 2011, Vol 26, No. 3.
- The Chapter 11 Reset: Can Plans Die Of Old Age? Commercial Law World, [Commercial Law League of America] (cover story), July/August 2011, Volume 28, Issue 3.
- Turning the sow’s ear in the silk purse-finding gold in the empty judgment, Plaintiff, September 2011.
- Vacating or preserving stale judgments bearing inherent defects: Setting aside the final judgment, Commercial Law League of America, Free Press Creditors’ Rights Section Newsletter, Volume 10, Summer 2011.
- Finding Gold in An Empty Judgment, Commercial Law World, [Commercial Law League of America] (cover story), September/October 2011, Volume 29, Issue 4.
- When the Attorney Endorses the Client’s Name to the Settlement Check. Plaintiff, October, 2011.
- Success in Prosecuting a Bankruptcy Non-Dischargeability Proceeding: The Default Judgment is the Key in the Courthouse Door. CLLA Connections, October 27, 2011 Issue.
- Crashworthy Contracts, Business Law Newsletter (State Bar of California publication), Issue 4, 2011.
- Making Settlements Pay: How to Mitigate the Risks of a Default. Commercial Law World, November/December 2011, Volume 30, Issue 5 (cover story).
- Woe Unto the Bankrupt Plaintiff Who Doesn’t Schedule the Lawsuit. Metropolitan News-Enterprises, Tuesday, December 6, 2011.
- Success in Prosecuting a Bankruptcy Non Dischargeability Proceedings, Metropolitan News-Enterprises, Tuesday, December 20, 2011.
- The Death of the Post Judgment Stay at the Hands of an Attachment, Orange County Lawyer, Vol. 54, Number 1, January 2012.
- The Problem With Personal Injury Lawsuits And Bankruptcy Commercial Law World, January/February 2012, Volume 27, Issue 1.
- The Life and Death of Federal Judgments and Chapter 11 Plans, Metropolitan News-Enterprises, Friday, January 13, 2012.
- Badges of Fraud in Real Estate Transactions-Kicking Over the Rotten Logs,” PI Magazine, February, 2012.
- The Olfactory Guide to Private Credit Transactions–Your Nose Knows, Metropolitan News-Enterprises, Monday, March 5, 2012.
- When the PI Plaintiff Filed Bankruptcy But Fails to Schedule the Lawsuit Plaintiff, March 2012.
- The Default Judgment: The Second Act in American Lives, Commercial Law World, March/April, Volume 27, Issue 2.
- Who Are You? Business Credit (NACM), April 2012.
- From the Mundane to the Bizarre,” Advanced Judgment Enforcement, Lorman Education Services, April, 2012 (All day seminar and publication of materials).
- Enforcement of Judgments: A Primer, Santa Clara County Superior Court Academy Presentation, Thursday, April 26, 2012 (Manual for enforcement of judgments given out at presentation sponsored by court).
- The Default Judgment is the Second Act in American Lives: How state-court default judgments can trump a Bankruptcy Discharge, Advocate (Journal of Consumer Attorneys Associations for Southern California), May 2012.
- The Default Judgment is the Second Act in American Lives: How state-court default judgments can trump a Bankruptcy Discharge, Plaintiff, May 2012.
- Show Me the Money: Forum Selection and Post Judgment Relief, Orange County Lawyer, May 2012, Vol. 54, No. 5, Pages 34-36.
- Private Credit Transactions,” Commercial Law World, May/June 2012, Vol. 27, Issue 3.
- The Death of Appeals at the hands of enforcement,” Los Angeles Daily Journal, May 21, 2012.
- Private Credit Transactions–Your Nose Knows . . . Before you invest your fee from a large award, give the deal a smell test, Plaintiff, June 2012.
- Who Are You?” PI Magazine, June, 2012.
- Monetizing Out of State Judgments,” Commercial WebAdvisor, “Webinar,” June 2012.
- Playing Cards: Pull Up a Chair and Sit Down, Metropolitan News-Enterprise, June 11, 2012 (Series of articles discussing enforcement of judgments).
- Collecting on Large-Dollar Judgments, Plaintiff, July 2012.
- Playing Cards: Pull up a Chair and Sit Down. Who is the Judgment Debtor? Metropolitan News-Enterprise, July 2012.
- Financial Regime Change: Enforcement of Judgments against Offshore Entities and Foreign States, Their Agencies and Instrumentalities, New England Journal of International and Comparative Law, Vol. 18, Number One, 2012.
- Embezzlements: Theft of the $1million Settlement, Plaintiff, August, 2012.
- Playing Cards: Pull Up A Chair and Sit Down–How Much is Owed? Metropolitan News-Enterprises, August 7, 2012.
- Settlement is Continuation of Litigation by Other Means, Commercial Law League of America, Free Press Creditors’ Rights Section Newsletter, Volume 11, Summer 2012.
- Remedies, Drafting Business Contracts: Principles, Techniques & Forms, Continuing Education of the Bar, Co-Editor, August 2012 Update.
- Read the lease-for your office and that copier, Plaintiff, September 2012.
- What’s In a Business Name? Valley Lawyer, September, 2012.
- Playing Cards: Finding the Money Metropolitan News-Enterprises, September 12, 2012.
- When To Accept Policy Limits–and Waive Damages in Excess, Commercial Law World, July/August/September 2012 [Vol.27, Issue 4]
- Dead Men Don’t Talk, But the Packing Slip Will, PI Magazine, October, 2012.
- Playing Cards: Pull Up a Chair and Sit Down , More Ways to Collect,” Metropolitan News-Enterprises, October, 2012.
- Collecting Your Product Liability Award from an Offshore Defendant, Plaintiff, November 2012.
- Playing Cards: Pull Up a Chair and Sit Down-Protect Yourself: Liens and Schemes, series], Metropolitan News-Enterprise, December 17, 2012.
- Offshore Isn’t Out of Reach, Advocate, January 2013.
- The Parking Meter Trial Commercial Law World, October, November & December 2012. [Published in 2013]
- Playing Cards: Pull Up a Chair and Sit Down-The Final Hands, Metropolitan News-Enterprise, January 14, 2013.
- Identifying & Proving Embezzlement, PI Magazine, January-February, 2013.
- Robbed by Your Employees, Orange County Lawyer, February 2013, [Vol. 55, No. 2]. Note: Cited in HH Computer Sys., Inc. v. Pac. City Bank, 231 Cal. App. 4th 221, 179 Cal. Rptr. 3d 689 (2014)
- Prejudgment Tort Remedies in Tort Cases, Plaintiff, February 2013.
- Finding Money.1 Paper presented at the Bay Area Bankruptcy Forum, February 6, 2013 - Credit Managers Association.
- Are Federal Judgments Immortal? The Life and Death of Federal Judgments and Chapter 11 Plans, CLLA Creditor’s Rights Section Newsletter, Fall/Winter 2013.
- Forum Selection and Choice of Law: Saviors or Sabotage to The Multi-State Loan Transaction? Commercial Law World, January/February/March 2013. [Vol. 27, Issue-6-7].
- Who Are You? Plaintiff, April, 2013.
- Blackmail, Plaintiff, May, 2013.
- Red Letter Day [Extortion discussion], Commercial Law World, July/August/September 2013 [Vol. 28-Issue3]
- Ze Plane! Ze Plane! – The Magic of Third Party Releases in a Confirmed Plan Metropolitan News-Enterprises, The Legal Community, October 24, 2013.
- Commercial Liens – Paper Terrorism in Your Mail Box, Metropolitan News-Enterprise, The Legal Community, November 4, 2013.’
- The Freedom of Information is Discovery, PI Magazine, November, 2013.
- FOIA, California Civil Discovery, and the Road to the Great Gotcha Moment. Orange County Lawyer, December, 2013 (Vol., 55, No. 12)
- Addressing the Problem of Bogus Liens, Los Angeles Lawyer, December 2013, page 12-13.
- Paper Terrorism in Your Mailbox, Plaintiff Magazine, December 2013.
- Terror at Your Kitchen Table, Commercial Law World, October, November, December, 2013. Vol 28, Issue 4.
- When is a Settlement Agreement Litigation by Other Means? Business Law News, Issue 4, 2013.
- When is a Settlement Agreement Litigation by Other Means? Metropolitan News-Enterprise, The Legal Community, January 29, 2014.
- Putting Teeth into your settlement agreement, Plaintiff Magazine, February, 2014.
- Bogus Liens Threaten Client: The PI Assumes the Mantle of Title Searcher to Combat this Scourge of Bogus Liens. PI Magazine, January/February, 2014.
- Check Fraud Basics, PI Magazine, March/April, 2014.
- The Magic of Third Party Releases in a Confirmed Plan, Commercial Law World, January/February/March 2014, Vol. 29, Issue 1.
- Forbearance: Buying Time, Plaintiff Magazine, October 2014.
- The Interest Tail Wags the Profit Dog, Business Law News, October 2014. Business News is published by the State Bar of California.
- Leaving the Practice of Law, Solo, Small Firms and General Practice Law, Vol. 28, Issue 1/ Winter 2015.
- Does the Ouster of the FDCPA FROM THE BANKRUPTCY COURT VIOLATE THE EQUAL PROTECTION CLAUSE? Orange County Lawyer, July 2015, 57-Orange County Lawyer. 26
- Where is the Money? Commercial Law World, Oct/Nov 2015, Volume 29, Issue 4.
- House Hunting, Los Angeles Lawyer Magazine [LACBA], February 2016, pages 28-33.
- Confirming the name and Calculating the Amount of the Judgment. Orange County Lawyer, April 2016, 58 Orange County Lawyer 36.
- Litigation Financing: Risk vs. Reward, Plaintiff Magazine, May 2016.
- The Efficient Market Hypothesis Applies in the Trafficking of Claims and Settlement of Civil Lawsuits in Bankruptcy,” Pratt’s Journal of Bankruptcy Law, July/August 2016, LexisNexis® A.S. Pratt®.
- Litigation Financing: Risk vs. Reward, Advocate, July, 2016.
- The Myth and Math of Domestic Provisional Remedies for Domestic and Offshore Arbitrations, 3 Indon. J. Int’l & Comp. L. 705-78 (2016).
- Common Drafting Errors and Omissions in Chapter 11 Plans, Orange County Lawyer, December 2016, Vol. 58, No. 12, p. 64-67.
- The Universal Equation to Price All Civil Judgments, Lincoln Memorial University Law Review, No 2, 2017, at 1.
- Toiling In Trump’s Vineyard of Alternative Facts Lining its Random Walk, 10 De Paul J. For Social Justice, (2017)
- Mutiny on the Fee Bounty: Redrafting Fee Clauses in the Age of Trump Volume 17, Issue 1 (2016-2017) UC Davis School of Law Business Law Journal.
- Hitting Bottom in 17 States and the Suppression of Liability, Ohio Northern University Law Review, 43 Ohio N.U. L. Rev. 277 (2017)
- Olly Olly Oxen Free: Come out the Secret Liens of Patents, Trademarks, Domain Names and Everything Else. Western Michigan University Cooley Journal of Practical and Clinical Law, 2016, 18 W. Mich U. Cooley, J. Prac. & Clinical L. 121.
- When is a Right of Publicity License Granted to a Loan-Out Corporation a Fraudulent Conveyance?, 20 U. DENV. SPORTS & ENT. L.J. 1 (Spring 2017). (page range: 1-22)
- Civil Litigation in the Age of President Donald J. Trump Welcome to the New World of Commerce America and Liability America and Liability Suppression, 45 Rutgers L. Rec. (2017)
- Is Mareva the Face that Launched a Thousand Trips to Offshore Havens? 1 Wayne State University Journal of Business Law, Issue 1, July 2018.
- Hide, Seek and find the $10mil, .Plaintiff Magazine, October, 2020.
- Cayman County: California’s 59th County, Plaintiff Magazine, November 2020.
- Get Paid! Squeeze the Risk of the Empty Judgement, Plaintiff Magazine, December, 2020
- Hidden Interest and Hidden Gems, Plaintiff Magazine, January, 2021
- Arbitration and Attachments, Plaintiff Magazine, February, 2021
- On Appeal: Admitted Surety Bank, Cash Deposit and Personal Surety Bond., Plaintiff Magazine, March, 2021