Expert Retention and Summary Judgment
- posted: May 25, 2017
- Business Litigation
Summary judgment motions play an important role in business disputes; they can create settlement leverage, narrow trial issues or, if granted for an entire case, achieve a favorable judgment without Read More
California Supreme Court Invalidates Arbitration Clause
- posted: Apr. 19, 2017
- Business Litigation
Once again, the California Supreme Court has waded into the arbitration thicket. This time, the Court found unenforceable an arbitration clause that prohibited a consumer from seeking injunctive relief on Read More
Jurisdiction Over Corporations Quietly Restricted - Probably For Good
- posted: Feb. 01, 2017
- Business Litigation
In a major, although widely unappreciated shift, the United States Supreme Court has significantly restricted the ability of courts to exercise jurisdiction over corporations. This change reduces the likelihood that Read More
Voluntary Dismissals’ Impact on Attorney’s Fee Provisions in California Contracts
- posted: Jan. 30, 2017
- Business Litigation
Many contracts provide that in the event of a lawsuit the prevailing party shall be entitled to recover its reasonable attorney’s fees. One would naturally think that the defendant is Read More
Update: The Right to Cumis Counsel
- posted: Nov. 21, 2016
- Business Litigation
A recurring issue in business litigation concerns when an insured may choose its own counsel in a dispute tendered to its insurer. A recent California case clarifies the current criteria Read More
Enforcing Arbitration Clauses
- posted: Oct. 05, 2016
- Business Litigation
Last month, my colleague, Alan Steinbrecher, discussed the risks of electing to litigate despite the existence of a binding arbitration provision. This month, I will explore two recent California court Read More
