Joseph McFaul focuses his practice primarily in the area of real estate, admiralty, complex business litigation and environmental matters. He also has extensive experience in construction litigation, representation of professionals before regulatory agencies, and wrongful termination matters. In addition, Mr. McFaul counsels medical facilities with regards to Health Insurance Portability and Accountability Act of 1996 (HIPAA) compliance.
Mr. McFaul represents many different health care entities and has a broad range of health care experience. Many of the heath care liability issues involve utilization review, benefits and claims determinations, ERISA, MediCare, rescission, bad faith, quality assurance, reimbursement, RICO, breach of contract and unlawful, unfair, or fraudulent business and advertising practices.
Mr. McFaul has represented potentially responsible parties in EPA CERCLA matters at various Superfund sites including the Omega, Operating Industries, McColl, ASCON, BKK and Stringfellow sites. Additionally, he has assisted real estate purchasers and developers in addressing soil and groundwater contamination issues, including negotiating closure agreements with federal and state regulatory agencies. He has represented individuals and corporations charged with environmental crimes arising from oil and hazardous substances spills.
Mr. McFaul also represents real estate agents, brokers, escrow officers and insurers in complex residential and commercial real estate litigation. He has also successfully represented real estate agents and brokers before the Department of Real Estate in administrative hearings.
On behalf of general contractors, subcontractors and owners, Mr. McFaul has handled a wide range of litigation relating to commercial construction projects including change orders, differing site conditions, delay and disruption claims, acceleration claims and surety and performance bond claims under the Miller Act and similar state laws.
In marine and intermodal transportation matters he has represented yacht brokers, shippers, trucking companies, vessel owners, shipping agents, cruise lines, Protection and Indemnity Clubs and bunkering fuel companies in oil spills, cargo claims, marine collisions and maritime and highway personal injury claims. He is a retired Commander in the U.S. Coast Guard Reserve.
In business matters Mr. McFaul has represented clients in partnership dissolutions, breach of contract matters, business dissolution and fraud claims. On behalf of corporations and insurers, he has defended against wrongful termination and wage and hours claims and a wide range of personal injury, general liability and premises liability matters.
Affiliations, Activities and Accomplishments
Mr. McFaul is admitted to practice in all California State courts, the United States Supreme Court, the United States District Courts for the Central and Southern District of California, the United States Court of Federal Claims, the United States Court of Military Appeals and the United States Ninth Circuit Court of Appeals. He is a member of the California Bar Association, Labor and Employment Law Section and the Orange County Bar Association, Real Estate and Environmental Law Sections.
Mr. McFaul serves as a panel member for the Business Litigation Panel of the Orange County Lawyer Referral Service and is a former panel arbitrator for the Los Angeles County Superior Court in Long Beach. He was also a lead articles editor for the Law Review. Among his accomplishments, he received American Jurisprudence awards in Torts and Real Property, and is listed in Martindale-Hubbell’s Bar Register of Preeminent Lawyers. Additionally, he is also a qualified Article 27(b) defense counsel at military courts martial. He is a retired Commander in the U.S. Coast Guard Reserve.
Representative Matters
Consumer Advocacy Group v. Kinetsu, et al., 129 Cal.App.4th 540 (2005) - Mr. McFaul obtained a dismissal for client and sanctions against plaintiff's attorney in an Unfair Trade Practice and California Proposition 65 suit alleging that hotel and motel owners exposed employees and consumers to second-hand tobacco smoke.