Legal Blog
California Expects to Lift Most COVID Restrictions June 15
Clients and Colleagues, Gov. Gavin Newsom announced in an April 6 press conference plans to reopen the state’s economy on June 15 as COVID-19 case rates stabilize and vaccines continue to be administered across California. A statement from the governor’s office was released following the press conference, outlining the following [...]
Issues in Arbitration Clauses Arising From Dennison v. Rosland Capital, LLC Opinion
Dear Clients and Colleagues, Recently, the Court of Appeal, Second Appellate District, Division Eight issued an opinion (which has been certified for publication) invalidating an arbitration clause after determining the the arbitration clause in the contract was unconscionable. Dennison v. Rosland Capital LLC (Cal. Ct. App., Apr. 1, 2020, No. B295350) 2020 WL [...]
U.S. Supreme Court Unanimously Rejects “Wholly Groundless” Exception to Court Deference to Contract Provision Providing the Arbitrator Determines Issues of Arbitrability
On January 8, 2019, the first day available for announcement of decisions by the Court, the United States Supreme Court again reminded all of the high court’s deference to parties’ contractual agreements regarding arbitration. In his debut opinion for the Court, Associate Justice Brett Kavanaugh rejected the so-called “wholly groundless” [...]
Code of Civil Procedure Section 998: Understanding the Burden of Proof and Good Faith Requirements Regarding 998 Offers
In the case of Licudine v. Cedars-Sinai Medical Center (opinion filed 1/3/19), the plaintiff served a statutory offer to compromise pursuant to Code of Civil Procedure Section 998 on the defendant 19 days after filing the complaint and 5 days after the defendant answered the complaint. The 998 offer is [...]
Important Change in California Mediation Law Effective January 1, 2019
On January 1, 2019, all parties to California based mediations will be required to sign a written disclosure form confirming that the client understands and agrees to mediation confidentiality. The informed consent disclosure will need to be in the preferred language of the client. The new law provides a sample [...]
In the Age of Data Mega-Breaches, Delaware Chancery Court Explains Legal Standard for Imposing Oversight Liability on Corporate Directors
December 1, 2016 Paul K. Schrieffer, Esq. P. K. SCHRIEFFER LLP 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 directors. The case involved a derivative action by a [...]