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Litigation Tips

Ninth Circuit Eases Pleading Standard for Trade Secret Claims

A hurdle for plaintiffs in trade secrets cases can be describing the trade secrets in sufficient detail to survive dismissal.  In Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc., the Ninth Circuit clarified that plaintiffs suing under the Defend Trade Secrets Act (DTSA) in California federal courts are not bound by California’s strict “reasonable particularity” disclosure requirement (Cal. Civ. Proc. Code § 2019.210).  The court held that DTSA claims should be evaluated under the Federal Rules of Civil Procedure, not California’s heightened pleading standard.

 

Plaintiffs may find it easier to advance DTSA claims in California federal courts, and pursue discovery, without early dismissal for lack of specificity.  Defendants, meanwhile, should be prepared to challenge trade secret identifications through summary judgment or at trial, rather than at the pleading stage.

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Announcements

Lewis & Llewellyn Team Attends the Golden State Valkyries Game!

Earlier this month, a group of Lewis & Llewellyn team members, clients, and friends of the firm celebrated the last Golden State Valkyries regular season home game.  It was a great opportunity to connect outside the office and cheer on the Bay Area’s newest team.  We’re proud to support the growth of professional women’s sports, grateful to our clients for joining us, and look forward to more moments like these.

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Announcements

Lewis & Llewellyn Clients Sue Oakland School Over Alleged Sexual Abuse

The San Francisco Chronicle recently featured Lewis & Llewellyn’s lawsuit against Pacific Boychoir Academy and its longtime artistic director, Kevin Fox.  The article details allegations from our clients, former students, who allege that Fox engaged in years of sexual harassment and abuse while administrators repeatedly ignored or dismissed complaints.

 

The full article can be read here.

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Announcements

Lewis & Llewellyn is Hiring

Lewis & Llewellyn is once again looking to bolster our ranks!

 

We are looking for an experienced associate to dive deeply into our complex and interesting portfolio of matters and take their practice to the next level. As always, we are looking for attorneys with top-flight credentials coupled with the passion to litigate.  The ideal candidate would have impeccable educational credentials, three to five years’ experience at an AmLaw 100 or elite plaintiff’s firm, and be ready to develop an exciting practice in both state court, federal court, and arbitration.

 

Lewis & Llewellyn deeply values diversity and we encourage applications from diverse candidates.  If you are interested in joining a team of world class attorneys, practicing at the cutting edge of litigation, and who love what they do, send your resume to careers@lewisllewellyn.com.

Categories
Announcements

Lewis & Llewellyn Welcomes DeShawn Carter as our 2025 Law Clerk

We are pleased to welcome DeShawn Carter to the firm as our law clerk for 2025.

 

DeShawn is a second-year law student at the University of California, Berkeley, where he serves on the Board of Advocates and Negotiations Team and is a member of the Family Defense Project and Law Students of African Descent.  He earned his Bachelor of Arts degree in Political Science, magna cum laude, from Howard University.  While at Howard, DeShawn was selected as a congressional intern for Congressman Eric Swalwell.  This summer, he worked as a law clerk for the Alameda County Public Defender’s Office.

 

We are thrilled to have DeShawn as a part of our team, and we look forward to continuing to provide a space for young adults to explore their interest in the law.

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Awards & Recognition

Lewis & Llewellyn Attorneys Recognized as 2026 Best Lawyers and Ones to Watch

We are pleased to announce that Best Lawyers just named seven Lewis & Llewellyn attorneys as leaders in their field for 2026.  Evangeline Burbidge was selected as one of the Best Lawyers in America for her high caliber work and excellence in practice as a commercial litigator.  Additionally, Sable BahledaNitesh DaryananiZachary FloodMarjon MomandRina Plotkin, and Grace Ramirez were recognized as “Ones to Watch,” an award given to attorneys who are in the earlier stages in their career to recognize their exceptional professional excellence in private practice.

 

With a selection process based on a rigorous peer review survey comprising more than 27 million confidential evaluations by top attorneys, this list is designed to capture the consensus opinion of leading lawyers across the country.

 

Congratulations to the Lewis & Llewellyn attorneys selected!

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Awards & Recognition

Marc Lewis and Paul Llewellyn Named by Daily Journal as Top 100 Lawyers in California

The Daily Journal Corporation has named both Marc Lewis and Paul Llewellyn to its 2025 list of the Top 100 Lawyers in California.  This prestigious list recognizes the most highly regarded attorneys in the state who execute cutting-edge legal work and make a meaningful impact on their clients, the industry, and society at large.

 

Paul and Marc were recognized not only for their success in handling complex business litigation matters, but also for their commitment to obtaining justice for sexual abuse survivors.  As leaders of our firm, both Marc and Paul have continuously delivered exceptional work in high-stakes business disputes while providing unwavering advocacy on behalf of clients facing their most challenging legal battles.

 

As we celebrate these achievements, we also take this opportunity to reflect on the firm’s growth and the progress we have made over the years.  The Lewis & Llewellyn story began thirteen years ago with what the Daily Journal described as a “Leap of Faith.”  We now boast a team of twenty-one world class attorneys with an unparalleled staff practicing at the cutting edge of litigation, we are immensely proud of our firm’s growth and success.

 

Ultimately, while these individual accolades are appreciated, neither Marc nor Paul would be where they are without the incredible team – attorneys, staff, and a C-suite – standing alongside them.

 

You can read both of the Daily Journal’s articles here.

 

Marc Lewis’ profile.

 

Paul Llewellyn’s profile.

 

Categories
Litigation Tips

Requests for Admissions & Deemed Admitted Orders in California State Court

In California state court, if the opposing party fails to timely respond to your Requests for Admissions (RFAs), you have a valuable tool at your disposal: the motion to have facts deemed admitted along with mandatory attorneys’ fees as sanctions.

 

California Code of Civil Procedure section 2033.280 provides that failure to provide timely responses means “[t]he party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product.”  It further provides that “[t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.”  Importantly, the statute requires the court to impose a monetary sanction, including attorneys’ fees, on the party or attorney whose failure to respond made your motion necessary.

 

This is more than a procedural remedy; it is a tactical opportunity.  Deemed admissions can significantly narrow the issues in dispute—or even eliminate the need for trial on key claims or defenses.

 

Track RFA deadlines meticulously.  Missing a response deadline can trigger severe consequences for the opposing party—and present a critical leverage point for your client.