Robert Bodzin

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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#Litigation attorney Eric Alexander published a blog on Drug & Device Law about a #California #federal court case addressing #consumerfraud claims related to children's #coughmedicine products. The court dismissed certain claims because of federal preemption while allowing others to proceed based on allegations of misleading #marketing tactics. Dive deeper into the complexities of consumer #classaction lawsuits with his analysis: https://bit.ly/44l9mwh

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GT attorneys Alan Greenfield, Alice Kessler, Adil Khan, Riley Lagesen, and Magaly Zagal have written the #GTAlert titled, "SB 478 May Require Significant Shifts in Pricing Practices for California Restaurants." The piece covers: 💡 DOJ interpretation of SB 478 may impact long-established and common restaurant business practices 💡 Consequences of noncompliance are potentially significant 💡 The law goes into effect July 1, 2024 Read the full alert here: https://buff.ly/4aDKf9d. #CaliforniaRestaurants #RestaurantIndustry #GTRestaurantIndustry #CaliforniaGovernment

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𝗪𝗵𝘆 𝗛𝗲𝗮𝗱𝗶𝗻𝗴𝘀 𝗠𝗮𝘁𝘁𝗲𝗿 𝗶𝗻 𝗔𝗽𝗽𝗲𝗹𝗹𝗮𝘁𝗲 𝗕𝗿𝗶𝗲𝗳𝘀 Under California appellate rules, briefs must state each point under a separate heading or subheading.  Appellants and respondents alike should heed this requirement, as both persuasion and preservation may depend on it.  Some practice tips to consider: ✅ Many appellate courts will deem an argument forfeited if buried under an unrelated heading, or made only in a footnote. ✅ Headings should be substantive, but not so lengthy that they cease to serve as "headlines" and start to resemble text. ✅ Organizing headings for each distinct contention brings discipline to the drafting process, making the brief more coherent and digestible.  Generating a new Table of Contents for each draft is an excellent editing tool, helping you see whether points flow logically and persuasively. ✅ If the Table of Contents has "gaps" that would confuse a stranger, revise.  Justices often read the TOC to gain a substantive overview of the brief before diving in.   ► 𝗧𝗵𝗲 𝗽𝗿𝗮𝗰𝘁𝗶𝗰𝗮𝗹 𝗺𝗲𝘀𝘀𝗮𝗴𝗲:  Ensure that your brief headings are crisp and clear, and that they smoothly outline all your core contentions on appeal. #appeals Laurie Hepler

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The doctrine of divisibility is well known in contract law, yet there is little discussion by courts and scholars of reverse divisibility, which involves the recharacterization of two or more facially separate but closely related contracts as a single contract. In "'Reverse Divisibility' and 'Subsequent Modification': Expanding the Scope of Justified Non-Performance in Multiple Contract Situations," Professor Gregory Crespi discusses reverse divisibility and its practical applications. https://lnkd.in/eGG-r3dv

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Hannah Ard and Alayna Piwonski recently authored an article in Law360, where they discuss new employment laws in Washington state, including a broadened Equal Pay and Opportunities Act, amendments to the Paid Sick Leave Act, and new hiring and retention protections for grocery workers after a purchase or merger. Read the article here: https://lnkd.in/gamyWxhs

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In 2023, the California Supreme Court issued several pivotal decisions impacting the state’s legal landscape. From examining legislative changes affecting gang-related murder charges to scrutinizing employee rights in the gig economy, the court’s rulings have far-reaching implications. In our latest blog, we’ll cover the key California Supreme Court decisions every lawyer should know. Read it here 👉 https://lnkd.in/eFQTxE9e

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Employers looking to enforce electronically executed arbitration agreements should take a step back and review their policies. The California Court of Appeal recently found that an arbitration agreement electronically executed by an employee was unenforceable because it was both procedurally and substantively unconscionable. Learn more about the case and how you and your clients should respond thanks to the analysis by Rachel Patta Howard of Sheppard Mullin Richter & Hampton LLP: https://lnkd.in/dzSf_-Xh #employmentlaw #Californialaw #arbitration #arbitrationagreements

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In this article, authors Christine Chong and Christine Lyon (Freshfields Bruckhaus Deringer) focus on the prospect of rigorous action from the Federal Trade Commission, state Attorneys General, and the new California Privacy Protection Agency, which are poised for strengthened action on biometric privacy... #techREG #technology #privacy #dataprotection #biometrics #biometry #privacyrights

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CA employers: The recent, unpublished California Court of Appeal decision, Hegemier v. A Better Life Recovery LLC (https://lnkd.in/eUAmFvBm) is a stark reminder to review employee documentation to ensure compliance with the state’s ever-changing legal landscape. In Hegemier, the Court of Appeals held that a provision in an arbitration agreement that excluded from arbitration “claims that are not subject to arbitration under current law” refers to what was excluded as of the date the arbitration agreement was signed. Therefore, even though the US Supreme Court ruled in Viking River Cruises, Inc. v. Moriana (https://lnkd.in/gm7dbKrv) that individual claims under California’s Private Attorneys General Act (PAGA) could be forced into arbitration, because the plaintiff in this case signed the agreement prior to the Supreme Court’s ruling, the Court of Appeals held that the rule in place at the time the employee signed the agreement (prior to that Supreme Court decision) governed. Accordingly, the court held that the employer could not require the employee to bring her PAGA claim in arbitration. Employers in California should review their arbitration agreements (including when they were signed) to ensure that they do not run into similar issues.  #CA #DGPERKS

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Understanding how a cause of action operates is vital for lawyers to understand. Read our latest article now for a comprehensive breakdown and get up to speed. 👇 #californialaw #lawyer

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The Supreme Court recently held in Sheetz v. County of El Dorado, California, that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees, resulting in additional litigation, stricter judicial scrutiny surrounding the constitutionality of legislative land-use conditions and a potential revaluation of whether and how local governments assess impact fees. Learn more from Charlie Smith and John Scott as they delve into the decision: https://lnkd.in/gMkVTyYt. #landuse #realestatedevelopment #scotus

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Our U.S. Supreme Court Round-Up provides summaries of cases decided during the October 2023 term, a preview of cases set to be argued in the next term, and an overview of other key developments on the Court’s docket. #SCOTUS

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Nevada’s Proposed Contingency Fee Cap May Create Opportunities for Funders Reporting by Legal Newsline looks at a proposed law change in Nevada which would cap lawyer contingency fees at 20%, with legal analysts expressing concerns about the effect this might have on the state’s litigation regime. Proposition 22 has garnered huge support from Uber, with the rideshare company having spent $4 million in lobbying to back the rule change through the Nevadans for Fair Recovery group. However, the measure is seeing equal opposition by the state’s trial lawyers who have formed the campaign group, Uber Sexual Assault Survivors for Legal Accountability. https://lnkd.in/eawyx8GU #litigationfinance #litigationfunding #legalfinance #legalfunding #litfin #regulation

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A U.S. judicial panel has approved a new rule to guide federal mass tort cases. The new rule offers non-binding guidance, allowing judges significant discretion in its application, potentially leading to different case management practices. This could result in varied experiences and outcomes for claimants. The rule emphasizes early case management and information exchange. Expected to take effect on December 1, 2025, this rule marks a significant step in handling mass tort litigation. Read more here: https://lnkd.in/dQJMiGR4. #masstorts #legalupdates #legalnews

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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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Catch Bruno Katz’s April 30 California Restaurant Association webinar on strategies for establishing robust policies and procedures to prevent and respond to #sexualharassment claims, how to navigate the investigation process with fairness and objectivity & more! https://lnkd.in/gmb3ygrB #WilsonElser #employmentlaw

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The rumors that the California AG’s office would provide more clarity on California’s "Hidden Fees" law turned out to be true. Gonzalo Mon and Beth Chun's latest blog post summarizes some of the more notable answers from the set of FAQs released this week related to SB 478, which takes effect on July 1, 2024. https://lnkd.in/ejQP_B8p #HiddenFees #AdvertisingLaw #AdLaw

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