Heather Silver

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

28

2 Comments

ATTENTION all members of the Labor and Employment Law Section of the California Lawyers Association! Today is the last day to redeem your free monthly MCLE California Lawyers Association member benefit. The featured free MCLE program is only available cost-free until the end of the month. Once registered, it’s available for 90 days in your account. This month's (May 2024) free MCLE for our Section members and CLA members is: "STRONG WRITING FOR TRIAL AND OTHER ATTORNEYS" 1 Hour MCLE This webinar will demonstrate specific legal-writing techniques that will help attorneys make their writing more concise and direct, and therefore more persuasive. Too many attorneys have been trained to pad their writing with unnecessarily long sentences, awkward syntax, and overstuffed phrases that hide rather than elucidate the writer’s meaning. Through specific examples of typical legal-writing problems and their solutions, the webinar will help participants improve the clarity and focus of the briefs, letters, and other written work that is crucial to any legal practice. https://lnkd.in/g9qw_vMY

5

https://conta.cc/4cWzq3A All too familiar to California employers is the Private Attorneys General Act ("PAGA"). On July 1, 2024, Governor Gavin Newson passed two bills that significantly alter PAGA, and some of the provisions benefit California employers, by imposing stricter standing requirements, decreasing penalties for compliant employers, and requiring manageability to litigate these claims, along with other changes detailed below. Notably, the changes do not impact cases filed or PAGA notices submitted before June 19, 2024. This new legislation is foreseen to have significant impact on California wage and hour law. (For more click the link above)

3

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

11

The Labor and Employment Law Section of the California Lawyers Association is proud to announce the topic of our first of two successful program submissions for the 2024 California Lawyers Association Solo & Small Firm Summit. Led by Beth Wolf Mora, and supported by Daphne Pierre Bishop, Jachyn Davis, Ireneo A. Reus III, Esq., and Timothy Williams, our Section submitted a relevant and timely program titled "What Solo & Small Firm Attorneys Need to Know Before You Dabble in Employment Law: Insights from Employment Law Practitioners." Given how dynamic labor and employment law is, there's opportunities for attorneys, especially solo and small firm practitioners, who are considering whether to dabble or expand their practice in this area of law. However, the fast-paced, and constant changes in the case law and legislation, as well as other potential traps for the unwary, and other factors to fulfill an attorney's duty of competence should also be considered before an attorney dabbles in labor and employment law. This is also why our Section's program has broad appeal for solo and small firm attorneys, and why our educational programming year-round is a valuable resource for new and experienced attorneys. Stay tuned for more information about the experienced and diverse speakers who will present this program, as well as information on our second successful program submission topic!

14

4 Comments

Lighthouse Legal Search Bay Area & California Quarterly Report - July 2024 Based on our data, in this latest quarter, of all lateral partner moves to major law firms in the Bay Area, 25% were in Litigation, 20% in Corporate, 15% in Intellectual Property, 10% in Labor & Employment, and 5% in Health Care. The top firms adding the most partners this quarter were Gordon & Rees LLP, Sideman & Bancroft, LLP, and WilmerHale. Litigation remains the largest growth practice area, reflecting ongoing high demand, while Corporate and Intellectual Property practices continue to expand due to increased activity in mergers and acquisitions, venture capital, and technology transactions. By Contrast: California as a Whole In California as a whole, the breakdown of lateral partner moves is as follows: 23% in Litigation, 12% in Labor & Employment, 9% in Corporate, 8% in Intellectual Property, and 3% in Banking. This broader state-wide trend shows a higher concentration in Litigation and Labor & Employment compared to the Bay Area, while Corporate and Intellectual Property moves are slightly less prominent. This indicates a robust demand for litigation expertise across the state and a significant focus on employment-related legal services. Firms experiencing the most growth in partner additions statewide this quarter are Lewis Brisbois Bisgaard & Smith LLP, Ogletree Deakins, and Greenberg Traurig LLP. #LegalIndustry #LateralMoves #LawFirmGrowth #BayAreaLaw #CaliforniaLaw #Litigation #CorporateLaw #IntellectualProperty #LaborAndEmployment #HealthCareLaw #PartnerAdditions #LegalRecruitment #LawFirmTrends #LighthouseLegalSearch

1

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!

18

1 Comment

A motion for summary judgment was granted in San Diego County Superior Court in negligence, breach of fiduciary duty, and breach of contract case. Robert Scherk and Lisa Allen represented the defendants. The plaintiffs filed their complaint which alleged three causes of against the defendants: 1) Negligence (Legal Malpractice); 2) Breach of Fiduciary Duty; and 3) Breach of Contract. The Court agreed that “In the legal malpractice context, the elements of causation and damage are particularly closely linked. The plaintiff must prove, by a preponderance of the evidence, that but for the attorney’s negligent acts of omissions, she would have obtained a more favorable judgment or settlement in the action which the malpractice allegedly occurred." In this case, the plaintiff admitted in responses to Requests for Admissions that she lacked evidence. The Court granted Defendants’ Motion for Summary Judgment on both of the grounds argued: Statute of Limitations, and the lack of causation. Read more: https://buff.ly/3WClUNv #msj #defenselawfirm #sandiegolawyer

3

The Latest Los Angeles Lawyer Magazine Edition is Out Now🗞️‼️ This edition includes several Insightful Articles, Legal Updates, Intriguing Interviews, the Semiannual Guide to Expert Witnesses, Practice Tips, an opportunity to earn MCLE, and More!! 📰 Dive in: https://lnkd.in/gwtpTnAM #LACBA #LosAngelesLawyerMagazine #LosAngelesAttorney #LegalNews #LawNews #CaliforniaLaw #LegalInterview #LawPractice

2

The Latest Los Angeles Lawyer Magazine Edition is Out Now🗞️‼️ This edition includes several Insightful Articles, Legal Updates, Intriguing Interviews, the Semiannual Guide to Expert Witnesses, Practice Tips, an opportunity to earn MCLE, and More!! 📰 Dive in: https://lnkd.in/gwtpTnAM #LACBA #LosAngelesLawyerMagazine #LosAngelesAttorney #LegalNews #LawNews #CaliforniaLaw #LegalInterview #LawPractice 

2