Hiring Summer Employees? Make Sure Your Business is Covered.
6/3/19
By: Allison Hyatt
Summer is here and many businesses are looking to hire additional employees to cover the influx of business inspired by vacation season. One option is to use a temporary employment staffing agency to cover seasonal employee needs. …
The Enforceable Unwritten Exclusions and their Business Risks
5/31/19
By: Rob Cutbirth
Claim experience on a local or national basis, or generalized soft or hard insurance market conditions, can affect an insurer’s decision on pricing and offered coverage terms. Premiums and underwriting guidelines may change to address market or …
California Attorneys Who Fail to Comply with the State Bar Re-Fingerprinting Rule Risk Monetary Penalties and License Suspension
4/30/19
By: Paige Pembrook
April 30, 2019 marks the initial deadline for California attorneys to comply with California Rules of Court, Rule 9.9.5—the rule that requires attorneys to re-submit fingerprints to the State Bar so the Bar can obtain records regarding …
California Judge Approves $3M Settlement with FedEx Workers
4/29/19
By: Marshall Coyle
A California federal judge gave the green light to a $3.15 million deal ending a pair of putative class actions accusing FedEx unit Genco I Inc. of not giving breaks to workers and of violating the Fair …
Engagement Letters Can Reduce The Risk of a Legal Malpractice Claim
4/26/19
By: Greg Fayard
Lawyers often ask: what can I do to reduce the risk of a legal malpractice lawsuit? They can do several things, but a clear, narrowly-tailored engagement letter can certainly help decrease the risk of a claim. Here …
California Court Rules That Payroll Companies Are Not Liable For Employer’s Wage And Hour Violations
4/25/19
By: Michael Shepherd
The California Supreme Court recently provided clarity to payroll companies in Goonewardene v. ADP, LLC (2019) 6 Cal.5th 817. In Goonewardene, Plaintiff alleged claims of negligence and negligent misrepresentation against a payroll company based on wages …
Plaintiffs’ Burden to Establish Punitive Damages: Farmers & Merchants Trust Co. v. Vanetik
4/18/19
By: Jennifer Weatherup
A recent decision from the California Court of Appeal has outlined the requirements for establishing a defendant’s financial condition as a prerequisite to an award of punitive damages, and has further emphasized that it is the plaintiff’s …
Can a California Lawyer be Disciplined for a Paralegal’s Misconduct?
3/27/19
By: Greg Fayard
In some circumstances, a California lawyer can be disciplined by the State Bar for a paralegal’s misconduct. This type of discipline was not possible under the State’s old lawyer-ethics rules. Rule 5.3 of the new rules requires …
Watch for the Sucker Punch… Joint and Several Liability for Professional Negligence?
3/20/19
By: Jon Tisdale
Litigants are forever looking for new ways to blame their lawyers when their mediocre case goes south. (As an aside, pay close attention to your intake protocol and “just say no” to those mediocre cases, because when …
Before bringing or defending an enforcement action filed in court involving an HOA, ask, does your state first require ADR or that a request for ADR be made?
3/12/19
By: Michael Shepherd
As courts across the country become more congested, many courts now order the parties to participate in some form of alternative dispute resolution, such as mediation or non-binding arbitration. When it comes to Homeowners Associations, many state …
Trends in Real Estate Claims
3/5/19
By: Peter Catalanotti
In representing real estate brokers through their Errors & Omissions insurance for over a decade, I often get asked what types of claims are trending. What follows is my experience regarding real estate broker claim trends.
Real …
Can California Associate Attorneys Be Disciplined For Their Boss’s Misconduct?
2/27/19
By: Gregory Fayard
The answer to this question is yes, in certain circumstances. In November 2018, after 29 years, California enacted new rules of professional conduct for lawyers. The new rules have some major changes from the old rules. One …