Thank you to everyone who joined us at Heartwood to celebrate Peter Squeri’s promotion to Partner. It is always wonderful to see our friends and colleagues in person to celebrate Lewis & Llewellyn’s continued growth.
Author: Caroline Recupero
Most practitioners understand the game theory aspect of Section 998 offers. But the rules have changed slightly. In March, the California Supreme Court held that if a plaintiff rejects a 998 settlement offer, they can then be liable for costs and fees if they later settle before trial. Importantly, this decision clarifies that Section 998 applies not just to trial outcomes but also to pre-trial settlements.
The ruling underscores that while parties can negotiate their own cost allocations in settlement agreements, Section 998’s default rules apply if such terms are not specified. This decision reinforces the statute’s purpose of encouraging reasonable pre-trial settlements by shifting costs to parties who reject favorable offers and later secure less favorable outcomes. In other words, if a plaintiff rejects a 998 offer and then “fails to obtain a more favorable judgment or award,” Section 998 overrides the usual rule that a prevailing plaintiff can recover costs. The case highlights the strategic importance of Section 998 offers in California litigation, serving as a powerful tool to leverage settlements and manage costs.
Partner Marc Lewis was recently a guest lecturer at UC Berkeley Law. The spring course, Managing Difficult Legal Conversations, taught by Mark LeHocky, focuses on helping lawyers and clients navigate through problematic conversations around disputes and deals. Marc discussed his experience in effectively representing clients in the legal field.
Partner Paul Llewellyn was recently invited back onto Answering Legal’s podcast, Law Firm Reboot Camp, as a guest speaker. The panel, “How to Become a Better Leader for your Law Firm,” is available to be streamed on YouTube, Spotify and Apple Podcasts.
Due to overwhelming demand and our continued growth, Lewis & Llewellyn is excited to announce that Marc Lewis has been appointed as the firm’s first Managing Partner, effective January 1, 2025. This marks an exciting new chapter for our firm as we continue to deliver exceptional legal services to our clients.
As one of the firm’s co-founders, Marc brings a wealth of experience and leadership to this role. He has consistently demonstrated a commitment to excellence, innovation, and client satisfaction, and we are confident that under Marc’s leadership, Lewis & Llewellyn will continue to thrive and uphold its reputation as one of California’s premier litigation boutiques.
Lewis & Llewellyn is thrilled to welcome our newest associate, Marjon Momand, to the firm!
Before joining Lewis & Llewellyn, Marjon practiced at Winston & Strawn LLP, where she represented clients from a broad range of industries, including financial services, automotive, technology, luxury retail, and consumer products. In addition to representing her clients in complex commercial litigation and intellectual property disputes, Marjon also maintained an active pro bono practice representing clients in immigration and Title IX matters.
Lewis & Llewellyn is delighted to announce that we have been ranked by Chambers & Partners in their inaugural Chambers Spotlight Guide for 2025.
Through Chambers and Partners’ thorough research, the accolade is awarded to small and medium-sized law firms that have demonstrated strong expertise in their respective areas. As Chambers noted, “Lewis & Llewellyn LLP is recognized for its excellent team of trial lawyers, handling both plaintiff and defendant work.” We are thrilled to be recognized in this year’s guide as a top litigation firm in California.
Last week Lewis & Llewellyn marked its 13th anniversary since the founding of the firm. We are thankful as ever to work with such a phenomenal group of people and look forward to the years ahead!
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New Laws in Effect in 2025
Several new laws and updates addressing key areas such as collaborative courts, artificial intelligence, access to justice, and juvenile protections are shaping the landscape of California’s judicial system. These changes aim to enhance rehabilitation, ensure transparency, and expand access to fair proceedings while aligning with evolving societal and technological needs. Below is a summary of the most notable updates, most of which took effect in January.
Artificial Intelligence
- CA Transparency Act (SB 942): AI businesses must identify AI-generated content starting January 1, 2026.
Collaborative Courts
- Drug Treatment Programs (AB 2106): Courts must order an available drug treatment or education program for defendants charged with drug offenses.
- Youth Court Referrals (SB 1005): Probation officers can refer cases to youth courts, with youth and family consent, instead of filing dependency or wardship petitions.
- Competency Determinations and Diversion (SB 1323, SB 1400):
- Courts can use written evaluations by licensed psychologists or psychiatrists for competency determinations.
- Felony defendants deemed incompetent may be referred to mental health diversion programs.
- For misdemeanor defendants, courts must consider diversion options or dismissal within specified timeframes.
- Treatment Court Guidelines (SB 910): Treatment courts must follow state and national guidelines, with updated drug court standards due by January 1, 2026.
- Veterans Court Diversion (SB 1025): Pretrial diversion programs in veterans’ courts now include felony offenses.
Juvenile Protections
- Restitution Fines for Minors (AB 1186): Minors cannot be charged restitution fines, and outstanding balances will become uncollectible after 10 years.
Earlier this month, Lewis & Llewellyn attorneys Evangeline A.Z. Burbidge and Nitesh Daryanani presented a CLE on Strategic Litigation: Weighing the Pros and Cons of Jury Trials and Arbitration. for the Beverly Hills Bar Association. The two discussed a comprehensive framework for navigating jury trials and arbitration as methods for dispute resolution and tailoring litigation strategies to clients’ needs.
The webinar is now available for CLE credit and can be viewed here.
