California’s Second Appellate District Upholds Trial Court’s Order Granting PK Schrieffer LLP’s MSJ

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On January 31, 2017, the Second Appellate District in Ventura County, California upholds the lower court’s order granting summary judgment in favor of PK Schrieffer LLP’s client, Jones & Maulding Insurance Agency, in the case entitled Canan v. Jones on the grounds that California law is clear on the issue of insurance agencies’ duties. The Appellate Court refused to entertain …

In the Age of Data Mega-Breaches, Delaware Chancery Court Explains Legal Standard for Imposing Oversight Liability on Corporate Directo

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December 1, 2016 Paul K. Schrieffer, Esq. P. K. SCHRIEFFER LLP In the Age of Data Mega-Breaches, Delaware Chancery Court Explains Legal Standard for Imposing Oversight Liability on Corporate Directors In Reiter v. Fairbank, C.A. No. 11693-CB (Del. Ch. Oct. 18, 2016), the Delaware Court of Chancery recently discussed the standard under Delaware law for imposing oversight liability on corporate …

California Appellate Court Rules Class Certification Appropriate in Wage and Hour Violation Lawsuit

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November 30, 2016 Paul K. Schrieffer, Esq. P. K. SCHRIEFFER LLP California Appellate Court Rules Class Certification Appropriate in Wage and Hour Violation Lawsuit On November 21, 2016, the California Court of Appeal, Second Appellate District, Division Four, in a published decision, reversed the Trial Court’s Order decertifying a class in a lawsuit for violations of the California Labor Code. …

Employment Handbook Not a Contract By Its Terms

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August 24, 2016 Paul K. Schrieffer P. K. SCHRIEFFER LLP Employment Handbook Not a Contract By Its Terms: Arbitration Agreement Not Enforceable The California Court of Appeal, Second District, has refused to enforce an arbitration provision in an employment handbook. The appellate court held that because the company’s “welcome letter” to employees stated that the handbook does not constitute an …

California Appellate Court Rules Excess Insurer May Sue Primary Insurer

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August 9, 2016 Paul K. Schrieffer P. K. SCHRIEFFER LLP California Appellate Court Rules Excess Insurer May Sue Primary Insurer for Equitable Subrogation, Even in the Absence of an Underlying Judgment Against the Insured On August 5, 2016, the California Court of Appeal, Second District, Division Four, in a published decision, reversed the trial court’s sustaining of a demurrer brought …

Important Amendment To California Code Of Civil Procedure Re Deposition Notices and Electronically Stored Information (ESI)

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April 26, 2016 Paul K. Schrieffer P. K. SCHRIEFFER LLP IMPORTANT AMENDMENT TO CALIFORNIA CODE OF CIVIL PROCEDURE RE DEPOSITION NOTICES AND ELECTRONICALLY STORED INFORMATION (ESI) Reflecting the ever increasing importance of ESI in litigated matters, the California Legislature, as of January 1, 2016, via Assembly Bill 1197, amended CCP section 2025.220 adding new language in (a)(7) and (8). CCP …

New Cyber Breach Coverage Case Holds For Policyholders In Defining “Publication” and “Disclosure” In Insurance Policy

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Travelers Indem. Co. of Am. Vs. Portal Healthcare Solutions. On April 11, 2016 the Fourth Circuit Court of Appeals agreed with the lower court that the insurer must defend a health care firm in a cyber breach under its comprehensive general liability policy that includes this still relatively new area of coverage. The Federal appellate court rejected the insurer’s arguments …

California Supreme Court Reverses Self on Assigned Insurance Rights

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September 2, 2015 Paul K. Schrieffer P. K. SCHRIEFFER LLP California Supreme Court Reverses Self on Assigned Insurance Rights Dear Clients and Colleagues, In Fluor Corporation v. Superior Court, Orange County (August 20, 2015), the California Supreme Court reversed itself on the subject of whether an insured may assign its rights under a third party liability policy without the consent of the insurance …

Court of Appeal holds terminated employee suspected of making complaint to public agency but did not is still a protected ‘whistleblower’ under Cal. Labor Code section 1102.5

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December 16, 2014 Paul K. Schrieffer P. K. SCHRIEFFER LLP Court of Appeal holds terminated employee suspected of making complaint to public agency but did not is still a protected ‘whistleblower’ under Cal. Labor Code section 1102.5 Dear Clients and Colleagues, The Court of Appeal in San Diego County has held that a preschool teacher at a church could sue her …

California Anti-Bullying Training Law

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November 14, 2014 Paul K. Schrieffer P. K. SCHRIEFFER LLP California Anti-Bullying Training Law Dear Clients and Colleagues, Governor Brown signed the anti-bullying training law on September 9, 2014. It commences on January 1, 2015. It applies to employers with 50 or more employees. Requirement: Employers must now provide two or more hours of training and education in anti-bullying to …

Legal Leaders Presents Southern California’s Top Rated Lawyers of 2013

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www.law.com | Special advertising supplement distributed in the November 24, 2013 edition of The Los Angeles Times Featured Cover Story Mary Alexander & Associates, P.C.   Also Featured Meyer, Olson, Lowy & Meyers, LLP Shernoff Bidart Echeverria Bentley LLP Girardi | Keese Grassini, Wrinkle & Johnson Chambers, Noronha & Kubota Solomon, Saltsman & Jamieson Berman More Gonzalez Attorneys At Law …

US Data Breaches and Class Actions – It’s No Game

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www.insuranceday.com Thursday 17 January 2013 Costs management and budgeting – greater control and transparency? Andrew Hill, cyber claims technician, and Paul Schrieffer, founding partner Hill Dickenson and PK Schrieffer   US class action litigation in the aftermath of a data breach is not an “if” but a “when” proposition. Certainly, data breaches significant enough to he reported in the worldwide …

In The Courtroom and In The Boardroom

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On May 2, 2016, the Court granted San Fernando Insurance Agency’s motion for summary judgment on the grounds that there was no triable issue as to whether the agency had a duty to inspect the plaintiff’s distribution warehouse to confirm that it was in compliance with the Protective Safeguards Endorsement which required regular maintenance of an operable smoke detector as …

Other News

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Join Hill Dickinson, PK Schrieffer, and other experts including James Quinault, CBE, on Tuesday 2 October 2012, for an essential breakfast seminar where we will address the legal implications surrounding cyber risks. Read More Legal Leaders Presents Southern California’s Top Rated Lawyers of 2013 Read More

Legal Alerts

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California Supreme Court Issues Landmark Ruling that Insurers Have to Pay “All Sums” and “Stack” All Years of Coverage in Environment Clean-Up Case Read More