Lewis & Llewellyn Partners Paul Llewellyn and Ryan Erickson recently participated in the Spartan Pan American Championship Weekend in Seattle—a grueling 21-kilometer race with 30 obstacles.
Author: Caroline Recupero
The new year will bring significant changes to the timing requirements for filing and opposing motions for summary judgment (MSJs) in California. Effective January 1, 2025, parties must follow the following updated deadlines:
- Notice of Motion and Supporting Papers: The notice of motion and all supporting documents must be filed 81 days before the hearing (plus time for service). Previously, this deadline was set at 75 days.
- Opposition: Any opposition to the motion must now be filed 20 days before the hearing. This is a substantial change from the prior deadline of 14 days.
- Reply: Replies must be served 11 days before the hearing—more than double the previous requirement of 5 days.
- Hearing Timeline: The motion must still be heard no later than 30 days before the trial date. However, parties can agree to have the motion heard closer to the trial if both sides consent.
The updated California Code of Civil Procedure (CCP) Section 437c(b)(4) prohibits parties from introducing new evidence or material facts in their reply briefs. While this rule aims to prevent the introduction of unexpected evidence on reply, it does leave room for interpretation. There may still be some debate about whether parties can include rebuttals to the opposing party’s arguments, provided they do not introduce new arguments or evidence.
While these new timing requirements may seem like minor details, they can provide a trap for the unwary litigant, who can risk missing the deadline and thus waiving their right to move for summary judgment.
As a supporter of continuing legal education, Lewis & Llewellyn attorneys recently spoke at two conferences.
Partner Paul Llewellyn was a featured speaker at PLI’s Pocket MBA 2024: Finance for Lawyers and Other Professionals last month. The program is a two-day intensive program focused on finance for lawyers and other professionals.
Also last month, Partners Becca Furman and Brad Estes were featured speakers at Pincus Professional Education’s 19th Annual Superior Court Boot Camp: The Nuts and Bolts program. Becca lectured on strategies and tips for motions for summary judgment (apropos of her recent victory) and Brad presented on best practices for “The Early Parts of your Case: Themes, Complaints, Answers, and More.” On demand streaming is available here.
Last month, Lewis & Llewellyn Partner Becca Furman attended the Bar Association of San Francisco’s Justice and Diversity Center’s 20th Annual Gala: Advocacy in Action. As part of its commitment to expanding diversity in the legal profession and its support of equal access to legal services, the firm was a proud sponsor of the event.
As you may have heard, the Institute of Contemporary Art San Francisco (“ICA SF”) is moving from its current building in Dogpatch to a new space downtown, a stone’s throw from the headquarters of Lewis & Llewellyn. We are proud to be sponsoring the opening of the ICA SF, especially because it is part of a broader movement to reenergize the financial district.
Like Lewis & Llewellyn, ICA SF was founded with the ideal of staying nimble. For example, it offers free admission to all and embraces non-traditional exhibition formats. ICA SF will open with three fall exhibitions: The Poetics of Dimensions curated by Larry Ossei-Mensah, Maryam Yousif: Riverbend, and Spotlight: Kathleen Ryan. Details about the museum’s opening can be found here.
Lewis & Llewellyn LLP Partners Marc Lewis and Paul Llewellyn and were recently selected by Benchmark Litigation as “Benchmark Litigation Stars” in their “Definitive Guide to America’s Leading Firms and Attorneys” 2025 edition. Additionally, Partners Ryan Erickson and Evangeline Burbidge were named as “Benchmark Litigation Future Stars” for the upcoming year.
In its selection process, Benchmark Litigation chooses attorneys based on their outstanding reputation among their peers, their impressive track record of successful cases, and through positive feedback from valued clients. We extend our warmest congratulations to these exceptional attorneys for this well-deserved recognition.
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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, two to four years’ experience at an AmLaw 100 firm and be ready to develop an exciting practice in both state court, federal court, and arbitration.
Lewis & Llewellyn deeply values diversity and we specifically 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.
Last month, the Lewis & Llewellyn team and our families gathered in the East Bay to celebrate the final weeks of summer. We always enjoy the opportunity to get together outside of the office, and it’s made even better when we are joined by our children, partners, and parents.
It’s been a busy summer for the Lewis & Llewellyn team! Last month we spent an afternoon sailing on the Bay, taking in the stunning views of San Francisco and the Golden Gate Bridge.
On March 14, 2024, the Northern District of California (NDCA) put into effect a pilot program that may allow corporate whistleblowers to avoid legal consequences.
The Whistleblower Pilot Program (WPP) offers non prosecution agreements (NPAs) to individuals whose information and voluntary cooperation can assist the government in identifying and prosecuting criminal conduct in various areas, including “intellectual property theft and related violations.” Effective April 15, The U.S. Department of Justice announced a program that will extend NPAs to corporate executives as well.
The program was developed purposefully in the NDCA as Silicon Valley is home to technology companies and startups with an abundance of intellectual property. It aims to address corporate misconduct by refraining from prosecuting individuals who voluntarily come forward to disclose criminal activity, even if they themselves are implicated.
