Uncertainty in California over Forum Selection Clauses
- posted: Aug. 30, 2018
- Business Litigation
In international business transactions, contracting parties from different countries often select a neutral third country to supply the applicable governing law as well as the exclusive forum for resolving disputes. Read More
A Potentially Disruptive Ruling for California Employers
- posted: Jul. 24, 2018
- Labor & Employment Litigation
On April 30th the California Supreme Court issued an opinion that almost certainly will cause significant changes in how many businesses, particularly those which rely on independent contractors, will conduct Read More
A Practical Guide to the Anti-SLAPP Statute: How to Avoid Litigation Purgatory (or Shorten Your Stay)
- posted: Jan. 11, 2018
- Business Litigation
In 1992, California enacted the anti-“SLAPP” (strategic lawsuits against public participation) statute to combat “lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech Read More
Awarding Attorneys' Fees (Or Not)
- posted: Jul. 25, 2017
- Business Litigation
A contractual clause requiring an award of attorneys’ fees to the prevailing party in litigation can have a significant impact on the parties’ decisions to file or pursue a case. Read More
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
What to Do When an Employee Becomes a Competitor
- posted: Dec. 02, 2016
- Labor & Employment Litigation
A Guide for Businesses Large and Small. Immediate First Steps When key personnel leave to start or to join a competing business, there is often a scramble to save clients and to 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