Stan Gibson and Nahal Bahri wrote “Chapter 9: Preparing to Discuss Predictive Coding at the Rule 26(f) Conference” which was included in PLI’s Course Handbook for the Electronic Discovery Institute, 2014.
An article written by Matt Kenefick entitled, “Tread Lightly Pursuing Trade Secret Litigation,” was published by the Daily Journal.
An article by Matt Kenefick titled, “Avoiding and Handling Your A/R Disputes from Your Lawyer’s Perspective,” was published by The CEO Magazine.
Courts in California continue to rely on the equitable and third party beneficiary principles discussed in JSM Tuscany, LLC v. Superior Court[1] and Crowley Maritime Corp. v. Boston Old Colony Ins. Co.[2], as the basis for extending a contractual obligation to arbitrate to nonsignatories of an arbitration agreement. The Southern District of California’s decision in City of […]
Overview The commercial use of unmanned aircraft systems (“UAS”) is an evolving area of law. As in most situations, the law trails behind technology. Recently, the tensions behind law and technology manifested in the March 6, 2014 decision in the matter of Michael P. Huerta, Administrator, Federal Aviation Administration v. Raphael Pirker. Pertinent Facts Raphael […]
By Susan Allison The California Court of Appeal’s recent decision in Renewable Resources Coalition, Inc. v. Pebble Mines Corporation, et al., 218 Cal.App.4th 384 (July 20, 2013), illustrates perfectly the importance of careful drafting of claims as a means to successfully fend off a special motion to strike under Cal. Civ. Proc. Code § 425.16, […]
by Mark Adams Download the PDF: Orange County Business Journal: Employers (and Employees) Beware: Defamatory statements on the internet can be actionable in a court of law Social media is big and getting bigger by the minute. Although this form of communication is new, the risk of defamation liability to employers and employees is as old […]
Matt Hinks’s article titled, “California Mortgage Seizure Plan Faces Uncertain Outcome,” was published by Law360.
The California Court of Appeal’s decision in Zamora v. Lehman, 214 Cal.App.4th 193 (March 7, 2013), offers a useful roadmap for drafting an enforceable provision in a professional services or employment contract that cuts short by years the applicable statute of limitations. Zamora involved a bankruptcy trustee’s breach of fiduciary duty claims against three former […]
Lenders: Beware of the “Two-Dollar Bankruptcy” by Matthew Kenefick Most lenders usually only involve legal in problematic or highly-complicated transactions; otherwise, business would grind to a halt. Most loan documents are created using form software or are reused from prior transactions. The unwary lender, however, may inadvertently create an enforcement trap. Even with careful underwriting, […]
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