Gregory Call

RTGR attorney Tom Richard contributed to the California Lawyers Association’s updated guide, "When You Turn 18: A Legal Survival Guide." The age of majority marks the transition from being considered a child to being legally recognized as an adult. Historically set at 21, the age of majority was lowered to 18 following the 1971 ratification of the 26th Amendment, which granted 18-year-olds the right to vote in federal elections. In California, turning 18 means you're treated as an adult for most purposes. Check out the guide to navigate this important milestone and understand your new rights and responsibilities. 🔗 https://lnkd.in/gwvXeuKc

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Thanks to Law360 for publishing our article on the new privacy litigation trend in California -- Song-Beverly Credit Card Act claims based on online transactions. And thanks to Desirée Hunter-Reay for helping write it. Hopefully, we can nip this trend in the bud before it turns into another CIPA Pen-Trap situation. https://lnkd.in/gvgyrFMz

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In today's #FMG blog, Thomas Livingston discusses the amended California Code of Civil Procedure Section 2016.090 (SB 235). Learn more on how it affects initial disclosure and sanction requirements related to discovery abuse in the link below. #FMGLaw #TortandCatastrophicLoss #CivilProcedure #California https://lnkd.in/ekJvY_sq

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Happy National Paralegals Day! Swing by to say hello to Alex Lubarsky, who will present at the San Francisco Paralegal Association at 11:00 am today. Alex's session is titled "From Data to Discovery: Mastering eDiscovery Fundamentals." Remember to drop a business card in the bowl to win a gift card. We’re excited to share a few key points from our upcoming eDiscovery presentation. Here’s what you need to know: 1. Know the EDRM: Understanding the steps in the Electronic Discovery Reference Model is important. This helps us manage and protect electronic data effectively during the discovery process. 2. Be Competent: Get familiar with both the technical and legal aspects of eDiscovery. This includes knowing how to handle metadata, native formats, and ensuring we follow legal rules about data preservation and confidentiality. 3. Use Technology: Embrace advanced tools like predictive coding and AI. These technologies make reviewing documents and finding the important information we need easier and faster. We want to thank all the paralegals out there. Today, like every day, you get to wear your #superhero cape! The legal field is what it is with you! #SFPA #paralegals #eDiscovery #litigation #artificialintelligence #lawyers #legalfield Brent Gustafson Tim Morenc CEDS Donna M. Sarah Thompson, CEDS Amy McGuigan, ACP, CEDS, CAS #legaltech BlueStar

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The Association of Business Trial Lawyers - Northern California presented an excellent program last night, "The Challenges of Cryptocurrency/Blockchain Litigation," and I'm glad I attended. Panelists included Grant Fondo of Goodwin, Paul Grewal of Coinbase, and Erin West, Santa Clara County Deputy DA. Patricia Lucas of JAMS moderated. Key takeaways? (1) Don't fall for scam texts or emails from people pretending to be "wrong numbers" who then want to be your friends, and (2) Don't make it more complicated than it has to be; just think in terms of marketplaces where people use stores of value (some of which might be "currency") to buy stuff. These cases are challenging and exciting to mediate. I thank ABTL for this opportunity to keep up to date and to break bread with the Bay Area lawyers with whom I do so much work.

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How are plaintiffs applying the pen register provisions of the California Invasion of Privacy Act ("CIPA") to internet activity? Harrison Brown and Ana Tagvoryan discuss the trends in the application of CIPA to ubiquitous online tracking technologies and how businesses can mitigate litigation risk in this Westlaw Today article. #CIPA #penregister #privacylaws

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𝗚𝗠𝗦𝗥'𝘀 𝗖𝗶𝗻𝗱𝘆 𝗧𝗼𝗯𝗶𝘀𝗺𝗮𝗻 𝗔𝗽𝗽𝗲𝗮𝗿𝘀 𝗕𝗲𝗳𝗼𝗿𝗲 𝗧𝗵𝗲 𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 GMSR co-managing partner Cindy Tobisman appeared yesterday before the California Supreme Court to argue for the petitioner, Michael Rattagan, in a case against Uber Technologies, Inc.  The Ninth Circuit Court of Appeals had asked the Court to decide whether, under California law, claims for fraudulent concealment are exempt from the economic loss rule. In the underlying case, Rattagan alleged that Uber fraudulently concealed information from him when he represented its subsidiaries during a problem-filled launch in Buenos Aires, Argentina, and that the concealed information led to him being arrested and vilified in the media.  The district court held that Rattagan's fraudulent concealment claims were foreclosed by the economic loss rule—a doctrine that prevents a party to a contract from recovering economic damages under tort liability theories—and thus, dismissed his complaint.  The Ninth Circuit Court of Appeals recognized that there is no controlling California precedent addressing whether fraudulent concealment claims are exempt from the economic loss rule, and the answer would be dispositive in the case, so it certified the question to the California Supreme Court. Law360 wrote about the oral argument, providing some highlights:  "There's nothing about [the doctrine] that we would want to shield people who commit fraud just because there’s a contract in the mix," Tobisman said.  "And in fact it would create some kind of perverse incentives for people to draw somebody into a contractual relationship because then they could have their way with them." The high court's decision is expected within the next 90 days. Click here to learn more: Clough, 𝘈𝘵𝘵𝘺'𝘴 𝘈𝘳𝘨𝘦𝘯𝘵𝘪𝘯𝘦 𝘜𝘣𝘦𝘳 𝘋𝘦𝘣𝘶𝘵 𝘍𝘪𝘨𝘩𝘵 𝘓𝘢𝘯𝘥𝘴 𝘈𝘵 𝘊𝘢𝘭𝘪𝘧. 𝘏𝘪𝘨𝘩 𝘊𝘰𝘶𝘳𝘵, Law360 (June 4, 2024), https://lnkd.in/gPFm75CJ (subscription required). #SupremeCourt

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To welcome the warmer weather, please join The Licensing & Technology Transaction Interest Group of the California Lawyers Association at our next presentation: AI Regulation in Flux: the E.U. Act, presented by noted expert, Mr. Ryan Long. This next presentation is on May 10, at 12pm Pacific. As always, attendance is free, and attendees will be eligible to receive .75 MCLE self-study credits. Artificial intelligence (“AI”) is the craze. From pet shop owners to Fortune 500 companies, AI is being used to farm data and analyze facial gestures of consumers. Can the line between AI and yesterday’s software really be clearly drawn? What are some difficult jurisdictional type questions regarding AI? What about fair use of data? These questions are relevant. The New E.U. Act was adopted on March 21, 2024. Among other things, it demarcates between AI and traditional software. It also sets forth jurisdictional contours for regulating AI “output” in the E.U. Highlights about the Act and differences with U.S. law will be discussed. If you are interested in attending, please contact the Chair of the Interest Group, Matthew Dedon, for the login details and presentation materials: matthew.dedon@gmail.com.

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Significant case result involving child endangerment and spousal abuse achieved by The Nieves Law Firm. Our legal team worked tirelessly to secure justice for our client, navigating the complexities of California law. #CaliforniaLaw #ChildEndangerment #DefenseAttorney #TheNievesLawFirm #OaklandAttorneys #CriminalDefense #Defense #Attorney #Lawyer

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Changed laws + strong advocacy = clean record! ⚖️ AdvisorLaw helped a California advisor with a 30-plus-year career remove a decades-old drug possession charge from his record. Have a similar outdated disclosure on your record? Recent legal changes might help! Get a free consultation, and see if AdvisorLaw can help you achieve a clean record, too. ➡️ https://lnkd.in/gq-zmHWS #Expungement #FinancialAdvisor #SecondChance #AwardWednesday

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The California Court of Appeal's new, short decision Balderas v. Fresh Start is potentially very significant. (My colleagues and I requested publication; the published status of the decision was changed earlier today, from unpublished to published.) The Balderas court held that a plaintiff can file a PAGA action without an "individual" component. This means that the defendant could not force the plaintiff to arbitrate her "individual" PAGA claim while her "non-individual" claims grew stale in court waiting to be restarted. A defendant facing a PAGA claim that lacks an "individual" component must face the entire PAGA claim in some forum, *right now*, whether it be in court or in arbitration. This is what the Supreme Court intended in Iskanian--that PAGA function as a law enforcement supplement allowing for aggregate civil penalties to be pursued. Viking River seemingly undercut Iskanian to the extent it held that a PAGA plaintiff loses her statutory standing without an "individual" claim. The California Supreme Court rejected this misreading of state law in Adolph v. Uber. And now the full implications of Adolph are taking shape. Notwithstanding arbitration agreements, California employers will have to face PAGA claims in some forum. #arbitration #californialitigation #wageandhour #PAGA

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Good news for employers! A recent California Court of Appeal decision in Hernandez v. Sohnen Enterprise, Inc. has made it harder for employers to lose their right to arbitration over procedural issues like late payment of fees. This ruling confirms that if your arbitration agreement is governed by the Federal Arbitration Act (FAA), it takes precedence over the California Arbitration Act (CAA). Want to learn more? Contact us today. #Arbitration #EmploymentLaw #CaliforniaArbitration #EmployerRights #LegalUpdate

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I was very fortunate to attend the Sacramento County Bar Association’s  “Power Imbalance and Ethics” luncheon at Judicate West last week, hosted by Dispute Resolution section chair Melissa Blair Aliotti. International expert mediator Daniel Yamshon presented a very informative and thought provoking session on mediators' duty, if any, to address any “power” imbalances (eg, economic, education, strategic, cultural, etc) that might exist between the parties.  Standard VI A. of The Model Standards of Conduct for Mediators requires mediators to facilitate, among other things, a safe, respectful, and fair mediation process.  As a result, the mediators’ responsibility to minimize any such imbalances would seem clear.  At the same time, though, Section II A. of those same Standards also holds that mediators must be impartial, ie “free from favoritism, bias or prejudice.”  So, the challenge becomes whether and how a mediator assesses any power imbalances while, at the same time, maintaining their impartiality. Or, as Yamshon effectively stated: I) Do mediators have an obligation to identify instances where an agreement, while achievable, can lead to injustice?    II) Do mediators have an obligation to seek to avoid injustice although they were invited to facilitate an agreement (as opposed to rendering a decision on the merits of an issue)? Yamshon illustrated many of the ethical considerations, but refrained from providing his answer to either question. In doing so, he deftly equipped the attendees to be mindful of the issues, but to come to their own conclusions about how best to maintain impartiality but also “hold in care” the parties to their processes. Timing is everything: I also just had the chance to watch Aaron Casteel, Executive Director of Placer Dispute Resolution, very capably address a potential imbalance of power.  Aaron astutely identified the potential issue, and took steps to neutralize the concern. Seeing his adroit practical application of Yamshon’s important concept was a terrific lesson!

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Browse our collection of key primary law resources, convenient desktop code sets, and industry-specific resources for legal professionals in California. Explore here: https://bit.ly/3JrhKjW #LexisNexis #LawBooks #CaliforniaLaw #LegalResearch

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A recent appellate decision has made clear that the regulations promulgated under California’s groundbreaking consumer privacy law, the California Consumer Privacy Act (CCPA, as amended by the California Privacy Rights Act (CPRA)), are ripe for enforcement without any further delay. Moreover, additional regulations expected to be finalized over the next year will be enforceable with no waiting period. Click the link to read the article by Nate Garhart and Michelle Kao.

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