One of our fabulous speakers, Howard S. Krooks of Cozen O’Connor in Florida, specializes in Elder Law and Estate Planning in Florida. He just published this timely blog post on the impact of recent Continuing Care Retirement Community bankruptcies on the elderly. It is well worth the read, so I asked him if we could repost it here. The post is below. And if you or a loved one is considering buying into one of these high-end type of retirement communities (and I know several who have or are considering it myself), be sure to read and pass on the last paragraph.

Howard last spoke at our Estate Planning 101 program for Florida, which an be found here. We can’t wait to have him back the next time we do an estate planning program for FL, in 2026 or 2027.

Hundreds of Millions Lost by Seniors Due to Bankruptcies filed by CCRC Communities, by Howard S. Krooks 

The Wall Street Journal has reported that recent bankruptcies nationwide in the Continuing Care Retirement Community (CCRC) segment of the long-term care marketplace have resulted in residents losing their buy-in deposit. Such “entrance fees” typically require payment by seniors of hundreds of thousands of dollars, and in some cases, exceeding one million dollars, merely to access residency at one of these high-end facilities. The July 7, 2025 article, entitled “She Paid $1 Million to Join a Senior Facility. Its Bankruptcy Wiped Her Out,” by Akiko Matsuda details the loss of $945,000 by Arlene Kohen, 89 years old, who paid her $945,000 entrance fee in January 2020 (plus about $5,700/month in rent each month thereafter), to move into Harborside, a continuing-care retirement community located in Port Washington, New York.

According to the article, Ms. Kohen sold her Great Neck, New York home for $838,000 to partially fund the entrance fee. Other liquid assets made up the difference. The contract promised a 75% refund upon departure or death. Harborside declared Chapter 11 bankruptcy three times over the years (in 2014, 2021, and late 2022). Its first two reorganizations protected residents’ refund rights. However, after the final sale during bankruptcy, the new owner (Focus Healthcare Partners) scaled back care, requiring Kohen and those needing more advanced care to leave the facility. Not only does a facility’s bankruptcy cause disruption in the lives and care needs of those affected, but it also results in financial loss for seniors and their families. Bankruptcy proceedings prioritize secured creditors, leaving residents as unsecured creditors, placing them at the bottom of the repayment hierarchy and jeopardizing their ability to recover their entrance fees. Kohen’s family now expects to recover less than one-third of the originally promised refund of approximately $710,000.

Nationwide, at least 16 CCRCs have filed for Chapter 11 since March 2020, impacting over 1,000 families and erasing roughly $190 million in entrance fees, with 212 of those families having a loved one at Harborside, according to the article. While some contracts promise refundable entrance fees, these refunds are not guaranteed, especially if the CCRC declares bankruptcy. The CCRC business model relies heavily on upfront fees used to service debt and operations, and collapses when new move-ins decline, as occurred during the post-COVID housing slowdown. Also, critics point to weak state oversight of CCRCs and a lack of suitable regulations. Efforts to enhance consumer protections have faced resistance and been withdrawn in some cases, highlighting the influence of industry interests. Unlike states like Florida (which regulates CCRCs as a specialized form of insurance entity and is supervised by its Office of Insurance Regulation), many states lack the regulatory authority and expertise to safeguard residents adequately.

This story highlights the inherent fragility of the CCRC model and the financial vulnerability of seniors who pay large lump sums as entrance fees, expecting secure, lifelong care in return. When facilities go bankrupt, residents typically fare poorly as creditors. Furthermore, regulatory gaps remain a major issue. Although Senate investigations date back to 2010, many states still don’t require advance financial backing or consumer protections. The story also demonstrates the devastating effects of downturns in the housing market, since many prospective residents rely on the sale of their homes to pay the substantial entrance fees. When the housing market experiences a downturn, CCRCs similarly attract fewer potential residents who can afford to pay the entrance fees, thus affecting returns to residents who leave the facilities, whether to seek needed levels of care or as a result of death.

So, what can you do if you or a loved one is contemplating admission to a CCRC and payment of a hefty lump sum entrance fee? First, prospective residents and their families should carefully review a facility’s financial health, reserve levels, and refundable guarantees. Occupancy rates and bond ratings should also be reviewed if they are available. Second, residents and families should carefully read and understand the terms of the residency agreement, particularly regarding entrance fee refunds, levels of care, and potential fee increases. With regard to entrance fee refunds, prospective residents and their families should make an effort to learn whether such refunds are dependent on a subsequent sale of the unit, which could become particularly relevant if the individual is leaving the facility to obtain a higher level of caregiving at another facility, as opposed to the refund becoming refundable due to the death of the individual. Finally, prospective residents and their families should explore alternatives to the CCRC model. This might include in-home care, rental communities that do not charge up-front entrance fees, or other senior living communities. This will allow for a determination as to whether another arrangement would present a similar level of caregiving without the inherent risk in the payment of a large entrance fee.

The original article was published on July 15, 2025 and can be found here.

Our latest featured speaker is Hon. Mary Thornton House (Ret.) of Alternative Resolution Centers!

Hon. Thornton House is speaking at our Trust and Estate Planning 101: The Nuts and Bolts (CA) Webinar on March 18th and 20th, 2025! 

This seminar covers key aspects of estate planning law and practice to help attorneys to build a strong foundation. It features seasoned faculty, including certified specialists and judges like Hon. Mary Thornton House, and will guide all participants through the essential areas unique to estate planning. It will begin by covering client interviews, setting expectations, and addressing the role of ethics in practice. The program will also touch on different types of wills, guardianship provisions, and execution requirements, along with trust documents distinct to estate planning, funding and a multitude of other topics that are essential to know if you practice in this space.

At this program, Judge House is again co-teaching “Avoiding Litigation: Common Controversies Leading to Litigation” alongside Mark Lester, Lauriann Wright, and Dan Herbert on March 20th. You can see the detailed agenda and sign up to watch this seminar live or purchase OnDemand Streaming or a recorded package download here.

Judge House recently retired after 22 years on the Los Angeles Superior Court, where she presided over countless jury and court trials in the Civil and Probate departments. With experience serving as the Supervising Judge of the Northeast and North Central districts, Hub Operations and Assistant Supervising Judge of Civil countywide, Judge House brings a unique and in-depth understanding of all aspects of civil case processing and case values. She is touted for her calm demeanor and unbending graciousness to all that appeared in front of her, as well as her extraordinary and relentless, common-sense approach to settling cases.

Judge House was the first Municipal Court Judge to become a Supervising Judge for the Superior Court in the Northeast District. Elevated in 2000, she presided over mandatory settlement conferences in both limited and general civil matters, reducing the civil caseloads throughout the Northeast and North Central Districts.

Welcome back Judge House! We are so excited to have you!

Our Latest Featured Speaker is Hon. Michael J. Raphael of the California Court of Appeal, Fourth Appellate District, Division Two!

Justice Raphael served as chief of the Criminal Appeals Section from 2007 to 2012 after serving as deputy chief from 2005 to 2007.  As chief, Justice Raphael oversaw an annual appellate docket of roughly 300 briefs and 100 oral arguments in the United States Court of Appeals for the Ninth Circuit.  Justice Raphael personally argued 41 cases in Ninth Circuit on behalf of the United States, including three en banc cases presented to an 11-judge panel.  Justice Raphael co-taught Advanced Appellate Advocacy at the Gould School of Law at the University of California in 2005 and 2006; he also co-taught a seminar in criminal sentencing in 2008.  Justice Raphael lectured frequently on appellate brief writing and oral argument while an attorney.

In 2012, Justice Raphael became a Judge on the Los Angeles Superior Court upon his appointment by Governor Jerry Brown.   On that court, Justice Raphael initially handled assignments that included small claims, limited civil, unlawful detainer, and criminal misdemeanors.  He then served in the downtown civil “law and motion” courts that handled pretrial cases for the entire county in limited civil and personal injury cases.  For Justice Raphael’s last three years on the trial bench, he was assigned to a downtown civil independent calendar court, with a docket of a wide variety of civil cases.  While on the trial court, Justice Raphael was twice appointed to serve as a pro tem Justice in Division Five of the Second District Court of Appeal.

In 2018, Governor Brown nominated Justice Raphael to serve as an Associate Justice on the Court of Appeal, and he was unanimously confirmed by the Commission on Judicial Appointments, after receiving an “exceptionally well qualified” rating from the Judicial Nominees Evaluation Commission.

We are so happy to welcome you back, Justice Raphael!

Our Latest Featured Speaker is Anne Rauch of Berding & Weil LLP!

Anne is speaking at our upcoming 10th Annual Advanced Appellate Practice Program (CA), set for February 25th and 27th, 2025.

Our Latest Featured Speaker is Hon. Brian Hoffstadt of the California Court of Appeal, Second Appellate District, Division Two!

Justice Brian Hoffstadt is speaking at our upcoming 10th Annual Advanced Appellate Practice Program (CA), set for February 25th and 27th, 2025.

Justice Hoffstadt is co-teaching “Lessons for Civil Litigators from Court of Appeal Criminal Practice,“ alongside Justice Michael J. Raphael, on February 25. You can see the detailed agenda and the rest of the program, and sign up to watch it live or purchase OnDemand Streaming or a recorded package download here.

Justice Hoffstadt has previously taught at our Advanced Appellate Conference, where attendees appreciated Justice Hoffstadt’s candor and advice. This program and others are available for purchase as a recorded package or OnDemand Streaming here.

Justice Brian Hoffstadt has served as an Associate Justice on the California Court of Appeal since 2014. Immediately prior to that, he served as a judge on the Los Angeles Superior Court for four years. As a lawyer, he practiced in both federal and California courts. Immediately after law school, he clerked for Ninth Circuit Judge Cynthia Holcomb Hall and U.S. Supreme Court Associate Justice Sandra Day O’Connor. He then spent three years doing legal policy work for two different federal agencies in Washington, D.C., and the following six-plus years as an Assistant United States Attorney in Los Angeles, where he prosecuted criminal cases in federal district court and argued 26 appeals before the Ninth Circuit. In 2007, he joined the Issues and Appeals practice group at Jones Day, where he argued appeals and helped formulate trial strategy in state and federal court. He has been teaching law students, lawyers and judges for many years, is the author of California Criminal Discovery (5th ed.), has published nearly a dozen law review articles, and is a regular contributor to the Daily Journal. He was recently elected to the American Law Institute, and has served on the Executive Committee of the Appellate Judges Conference of the American Bar Association since 2015.

Our Latest Featured Speaker is Hon. Daniel H. Bromberg of the California Court of Appeal, Sixth Appellate District!

Hon. Daniel H. Bromberg is speaking at our upcoming 10th Annual Advanced Appellate Practice Program (CA) program on February 25th and 27th, 2025. The program is taught by a host of seasoned Justices and top-notch appellate attorneys. The majority of the practitioners speaking hold the distinction of being Certified Legal Specialists in Appellate Law, and many have previously served as staff attorneys for various appellate justices. This program is designed for those well-versed in appellate practice, as it delves into intermediate to advanced level topics in appellate law and practice, and assumes attendees already have a foundational understanding of the subject matter.

Hon. Daniel H. Bromberg is co-teaching “How to Analyze Your Opposing Counsel’s Brief” with Michael Colantuono and Mary Lehman on February 27th. You can see the detailed agenda and the rest of the program, and sign up to watch it live or purchase OnDemand Streaming or a recorded package download here.

Hon. Daniel H. Bromberg has previously taught at several of our past programs, and has helped facilitate our Advanced Appellate programs several times. Justice Bromberg has been very popular amongst attendees, who appreciated his knowledgeable, friendly nature, advice and perspective. These programs and others are available for purchase as a recorded package or OnDemand Streaming here.

Daniel H. Bromberg was appointed to the Court of Appeal, Sixth Appellate District, by Governor Gavin Newsom in January 2023.

From 2019 to 2021, Justice Bromberg served as a Deputy Secretary for Legal Affairs in the Governor’s Office, where he supervised lawyers in the California Environmental Protection Agency, Natural Resource Agency, Department of Transportation, and Department of Food and Agriculture. During this period, Justice Bromberg also supervised litigation concerning, among other things, the border wall and COVID-19 restrictions.

Both before and after serving in the Governor’s Office, Justice Bromberg was in private practice. He began his career as an associate at Cahill Gordon & Reindel in New York, working primarily on First Amendment matters. He subsequently moved to JonesDay in Washington, D.C., where he became a partner in the appellate practice. In 2005, he moved to California to join Quinn Emanuel Urquhart & Sullivan, where he helped found the appellate practice group and remained until joining the Governor’s Office. After leaving the Governor’s Office, Justice Bromberg joined Pillsbury Winthrop Shaw Pittman in San Francisco as the head of the firm’s appellate practice.

Mr. Bromberg graduated summa cum laude with a B.A. in history from Yale University and magna cum laude with a J.D. from Harvard Law School, where he was a member of the Law Review. He clerked for the Honorable Louis F. Oberdorfer on the United States District Court for the District of Columbia Circuit and then for the Honorable A. Raymond Randolph on the United States Court of Appeals for the District of Columbia Circuit.

Justice Bromberg has taught continuing legal education classes on writing and appellate practice. In addition, in 2021 and 2022, he was a senior research fellow at the California Constitution Center at the Berkeley School of Law. During the same period he was a senior appellate practice fellow in the Center for Litigation and the Courts at UC College of the Law, San Francisco and the founding director of the California Appellate Advocacy Project.

We are so glad to have you back, Justice Bromberg!

Our latest featured speaker is Mary A. Lehman of Law Offices of Mary A. Lehman! 

Mary is speaking at our upcoming 10th Annual Advanced Appellate Practice Program (CA) program on January 21st and 23rd, 2025. This program is taught by a host of seasoned appellate attorneys and sitting justices across California. The majority of our speakers at this seminar hold the distinction of being Certified Legal Specialists in Appellate Law, and many have previously served as staff attorneys for various appellate justices. Designed for those well-versed in appellate practice, this seminar delves into intermediate to advanced level topics in appellate law and practice, and assumes attendees already have a foundational understanding of the subject matter.

Mary is co-teaching “How to Analyze Your Opposing Counsel’s Brief” on January 23rd. You can see the detailed agenda and the rest of the program, and sign up to watch it live or purchase OnDemand Streaming or a recorded package download here.

Mary A. Lehman is Southern California native and current principal of the Law Offices of Mary A. Lehman in Coronado, California. For more than 30 years, she has practiced exclusively civil appeals and writs. She is a Certified Appellate Specialist with the State Bar of California and a Master in the San Diego Appellate Inn of Court. She has been awarded the “San Diego Super Lawyers” for Appellate Practice each year since 2009 and is recognized as among the Top 25 Women Attorneys in San Diego.

Ms. Lehman has served as a director and vice-president of the San Diego County Bar Association. She has been actively involved in legal organizations dedicated to improving both federal and state appellate practice and is a frequent presenter on these topics.

Ms. Lehman has a diverse background, including an undefeated professional boxer (ranked #9 in the world), “Hotshot” fire fighter with the USDA Forest Service, Mountain Ski Patrol, Wilderness Search & Rescue, Emergency Medical Technician, Motocross Racer and Certified Ski and Snowboard Instructor. Fluent in Spanish, she often serves as a volunteer attorney providing legal aid to refugees in the United States, Europe and Mexico. Ms. Lehman’s current passion is traveling the world to surf great waves.

We are so glad for you to join us this year, Mary!

Our latest featured speaker is Charles Kagay of Complex Appellate Litigation Group LLP!

Charles is speaking at our upcoming Writs of Administrative Mandamus 101: The Nuts and Bolts program on January 28th and 30th, 2025. He is teaching “Challenging the Decision on Appeal” (Charles is speaking on January 30th). You can sign up to attend live, order OnDemand Streaming, or get the recorded package here.

This program will guide you through the Writ of Administrative Mandamus process, from knowing when it is appropriate to file one, to making your record, and how to file and oppose a petition for writ of administrative mandamus. The faculty will also teach attendees how to draft a writ and discuss other forms of judicial review mechanisms. The faculty will provide strategies and practical tips and we’ll have a breakout session for attorneys who focus in one practice area to ask questions of the speakers.

Charles Kagay has decades of appellate experience in both California and federal courts. He frequently handles appeals involving complex or novel legal questions, and his cases have addressed first-impression questions of civil procedure and statutory interpretation, including issues related to antitrust law, administrative law, physician credentialing, and anti-SLAPP (Strategic Lawsuit Against Public Participation) motions.  He also handles trial court actions of an appellate nature, such as petitions for writs of administrative mandamus and bankruptcy appeals.

He has been certified as California appellate specialist by the Board of Legal Specialization of the State Bar of California for well over a decade.

He has been selected ten times as a “Northern California SuperLawyer” in appellate law, and he has both a peer rating and client rating of 5 out of 5 from Martindale-Hubbell.

Previously, Charles served as Chief Appellate Counsel in two Independent Counsel probes of cabinet-level officials in Washington, D.C. He also acted as a Deputy Attorney General for the State of California. Charles is a past member of the State Bar of California’s Committee on Appellate Courts, Committee on the Administration of Justice, and Antitrust and Unfair Competition Section’s Executive Committee.

He holds three degrees from Harvard University. He earned his law degree, his graduate degree in public policy, and his undergraduate degrees there.

We are so excited to have you join us, Charles!

Our latest featured speaker is Robin Johansen of Olson | Remcho!

Robin is speaking at our upcoming 10th Annual Advanced Appellate Practice Program (CA) program on January 21st and 23rd, 2025. This program is taught by a host of seasoned appellate attorneys like Robin, as well as multiple CA State justices from most of the districts across the state. Designed for those well-versed in appellate practice, this seminar delves into intermediate to advanced level topics in appellate law and practice, and assumes attendees already have a foundational understanding of the subject matter.

Robin is co-teaching “Seeking Direct Relief from the California Supreme Court” on January 21st. You can see the detailed agenda and the rest of the program, and sign up to watch it live or purchase OnDemand Streaming or a recorded package download here.

Robin B. Johansen is senior counsel with Olson Remcho.  She previously co-founded the law firm of Remcho Johansen & Purcell which merged with Olson Hagel & Fishburn LLP in January 2020 to form Olson Remcho.  Ms. Johansen was admitted to the California Bar in 1977 and the Bar of the District of Columbia in 1979.  She is a graduate of the University of Illinois (B.A., cum laude, 1968) and Stanford Law School (J.D., 1977).

Ms. Johansen was Senior Article Editor, Stanford Law Review, Volume 29, and is the author of “The New Federalism: Toward a Principled Interpretation of the State Constitution,” 29 Stanford Law Review 297, 1977 and “Searches and Seizures on Church Premises: Weighing the Privacy Rights of Religious Bodies” in Kelley, Government Intervention in Religious Affairs II.

Ms. Johansen is a member of the California Academy of Appellate Lawyers and appears on the Northern California Super Lawyers list.  She served on the Board of Directors of First Place for Youth, a statewide organization serving former foster youth and on the Board of Directors of Coro Northern California.  From 1992 to 1993, she was a member of the State Citizens’ Commission on Ballot Initiatives, and in 1974, Ms. Johansen was a research assistant to the U.S. House of Representatives’ Impeachment Inquiry staff.

Ms. Johansen has represented numerous local governmental entities on a variety of public policy issues and has worked extensively on matters involving the initiative and referendum process at both the state and local levels, and on matters of redistricting.  She has also represented a broad range of clients, including the California Legislature, the State Superintendent of Public Instruction and the State Controller, in public policy, school finance, and constitutional litigation in both state and federal courts.

We are so glad to have you join us, Robin!

Our latest featured speaker is Heather Renée Adams of Roetzel & Andress!

Heather is speaking at our upcoming 14th Annual Circuit Court Boot Camp: The Nuts and Bolts program on December 10 & 12, 2024. This program covers a wide range of topics, including effective complaint and answer strategies, deposition and discovery techniques, navigating case management conferences, honing motion writing skills and heading up to trial. Led by experienced Circuit Court Judges and accomplished attorneys like Heather from a variety of backgrounds, including both large and small firms, this program offers an exclusive insider’s perspective on litigating in Illinois Circuit Court, along with invaluable general litigation skills. Attendees have consistently raved about the program each year.

Highly recommended by one of our long time speakers, Heather will be co-teaching “Motions for Summary Judgment” on December 12th. You can see the detailed agenda for her topic and the rest of the program, and sign up to watch it live or purchase OnDemand Streaming or a recorded package download here.

Heather is a commonsense, driven, traditional labor and employment attorney who provides practical guidance to employers across a spectrum of commercial and employment litigation matters, including single-plaintiff and multi-party cases, high-stakes whistleblower actions, wage and hour disputes, restrictive covenant litigation, and various other areas of employment law. She has practiced before federal and state and appellate courts. She also has a wealth of experience defending employers before civil rights and fair employment administrative agencies and commissions across the country. Heather has represented clients from diverse industries, including: transportation; federal, state and local government; higher education; healthcare; financial services and global retailers. Heather has given numerous presentations on development with the traditional labor and employment law landscape, litigation strategies, and workplace solutions.

Clients call on Heather to provide general counseling services and leadership with respect to implementing preventative measures and resolving disputes using alternative methods. She also has valuable experience representing employers in union disputes, collective bargaining, labor arbitrations, fact-findings, conciliations, and hearings. Heather is also a highly sought-after investigator and routinely performs internal investigations and Diversity, Equity, Inclusion, and Accessibility assessments.

We are so excited to have you join us, Heather!