Matthew Pearson

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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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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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)

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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

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The Nieves Law Firm attorney discusses the right to refuse sobriety tests or any other tests in a DUI case. According to California Law, you do not have to incriminate yourself, even if you were driving under the influence. Watch to understand the nuances of this situation. 👩‍⚖️🚫🚗 Need legal defense in California? Don't hesitate to give us a call or send a message! 📞📩 #DUI #KnowYourRights #CaliforniaLaw #CriminalDefense #Attorney #OaklandAttorney #TheNievesLawFirm

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Our partner Joseph Brophy's recent Lawyer Liability and Ethics article in the Maricopa Lawyer, a publication of the Maricopa County Bar Association, discusses the lack of civility in California’s legal community and how the state bar is hoping to address the challenge. Read the full article below and share you input with Joseph at jab@jkwlawyyers.com.

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𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 𝘀𝘁𝗮𝘁𝗲 𝗰𝗼𝘂𝗿𝘁 𝘀𝗲𝘁𝘀 𝗵𝗲𝗮𝗿𝗶𝗻𝗴 𝗼𝗻 𝗖𝗣𝗣𝗔 𝗿𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻𝘀 𝗽𝗿𝗼𝗰𝗲𝘀𝘀   The Superior Court of California, County of Sacramento, scheduled a 21 June hearing for arguments regarding the California Privacy Protection Agency's rulemaking authority. The California Chamber of Commerce is challenging whether the agency has authority to promulgate future regulations without allowing a grace period to establish compliance measures.   Read more on https://lnkd.in/dVTnH5Qm   #Privacy #PrivacyCompliance #DataProtection #USA #PrivacyRights #CCPA #CPRA #APRA #California

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California’s Private Attorneys General Act has undergone substantial reform, and businesses should be prepared to utilize PAGA 2.0’s new cure and conduct of compliance features, which should substantially decrease and could possibly negate PAGA claims and damages. Alex Polishuk and Lindsay David discuss these changes in their latest update and will go into further detail in our upcoming webinar on July 31st: https://lnkd.in/ghMV6bxG. #paga #californiaemploymentlaw #employmentlaw

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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

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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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Tune in for Fennemore attorney Christopher Hawkins's presentation next weekend! Chris will be speaking at the “Swimming Smoothly Around the Rocky Shoals of Litigation” session discussing the bankruptcy litigation life cycle at the California Bankruptcy Forum’s Annual Insolvency Conference on May 18. Aimed at attorneys looking to build their insolvency practice, this presentation offers a great opportunity to pick up pointers for bankruptcy litigation practices. For more details click here: https://lnkd.in/gweRKPqs #Bankruptcy #Insolvency #CBF #Fennemore

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Top 10 Tips from Court of Appeal Research Attorneys on The California Appellate Law Podcast. Tune in https://lnkd.in/g6zuZsKv

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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

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