Author: Caroline Recupero

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Litigation Tips

Northern District of California’s New Program on Protecting Corporate Whistleblowers

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.

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Announcements

Partner Paul Llewellyn To Speak at PLI Pocket MBA 2024: Finance for Lawyers and Other Professionals

Partner Paul Llewellyn will be a featured speaker in the Practising Law Institute (PLI)’s upcoming program, Pocket MBA 2024: Finance for Lawyers and Other Professionals.  The program will be held live at PLI’s California Center in San Francisco on September 26-27, 2024.  Details about the event can be found here.

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Announcements

Partner Becca Furman Attends Lead Counsel Summit

Becca Furman recently attended the 2024 Lead Counsel Summit, which brought together some of the best litigators in the country to train, inspire, and elevate the next generation of female first chair litigators.  Becca will also be a speaker for the 19th Annual Superior Court Boot Camp hosted by Pincus on September 24 and 26, 2024.  Details for the event can be found here.

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Announcements

Partner Evangeline A.Z. Burbidge Speaks at Pincus Professional Education’s Master the Depositions 101: The Nuts and Bolts

Last month, Lewis & Llewellyn Partner Evangeline A.Z. Burbidge was a featured speaker at Pincus Professional Education’s Master the Depositions 101: The Nuts and Bolts California program.  Evan co-presented with plaintiff’s lawyer heavyweight Paul Triana of Panish Shea Ravipudi on how to handle difficult opposing counsel and difficult witnesses.

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Announcements

California Federal District Court Rules in Favor of Our Client in Pivotal Real Estate Antitrust Case

A California federal judge has revived a previously dismissed lawsuit filed by our client, Top Agent Network, against the National Association of Realtors (NAR).  The lawsuit challenges the NAR’s “clear cooperation” policy, which requires agents to list properties on a multiple listing service (MLS) within a day of marketing them elsewhere.  The revival follows a successful appeal to the Ninth Circuit Court of Appeals.   The lawsuit, led by Lewis & Llewellyn attorneys Tobias Snyder and Paul Llewellyn, was recently named by Law360 as one of the country’s four real estate cases to watch in 2024.  A copy of the article can be read here.

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Awards & Recognition

Lewis & Llewellyn Attorneys Recognized by Best Lawyers

We are pleased to announce that five Lewis & Llewellyn attorneys were recently named by Best Lawyers as leaders in their field for the 2025 edition.

 

Evangeline A.Z. Burbidge was selected by Best Lawyers as one of the Best Lawyers in America for her high caliber work and excellence in practice as a commercial litigator.

Additionally, Lewis & Llewellyn attorneys Becca Furman, Brad Estes, John Frost and Zachary Flood 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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Announcements

California Litigation Magazine Published Article by Evangeline A.Z. Burbidge and Nitesh Daryanani

Drawing on their years of trial and arbitration experience, Lewis & Llewellyn attorneys Evangeline A.Z. Burbidge and Nitesh Daryanani published an article in California Litigation magazine titled “Courtroom or Conference Room: Considerations for Jury Trials v. Arbitration.” The piece highlights the distinctions between these two processes, while also serving as a template for lawyers looking for an easy way to explain to clients the differences. Evan and Nitesh also highlight some tips / traps for litigators. The article can be read here.

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Litigation Tips

New California Laws for July 2024

July 1, 2024 will see the introduction of several new laws in California.  While most will go unnoticed by the vast majority of the public, here are just a handful of new laws which will likely have widespread impact.

 

Workplace Violence Prevention: Under SB 553, the majority of employers will be required to create and implement workplace violence prevention plans.  These plans must be documented, readily accessible, and include anti-retaliation measures.  Additionally, employers must maintain logs of workplace violence incidents and ensure that staff receive annual training covering the law and incident reporting procedures.

 

Ammo and Gun Tax: The Gun Violence Prevention and School Safety Act, AB 28, will put an 11% state tax on the sale of guns and ammunition within California.  The funds from the tax are designed to go to school safety and violence prevention programs within the state.

 

Date-Rape Drug Testing Kits to Become Available at Bars: AB 1013 mandates bars and nightclubs to offer drug testing kits for sale or for free to patrons.

 

Security Deposit Cap: Under AB12 it will become illegal for landlords to ask tenants for more than one month’s rent for security deposits.  However, landlords retain the right to charge tenants for repair costs exceeding the original security deposit if damages occur during the tenancy.

 

Menstrual Products Available in Schools: AB 230 will require public schools in California to provide free menstrual products in elementary schools.  The current law requires schools to stock menstrual products for grades 6-12, but under new law it will be required for grades 3-12.

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Announcements

Lewis & Llewellyn In The Community

This November, our partner Paul Llewellyn will be participating in the 2024 TCS New York City Marathon.

 

With his run, Paul will be fundraising for Soccer Without Borders, an organization that uses soccer “as a vehicle for positive change, providing underserved youth with a toolkit to overcome obstacles to growth, inclusion, and personal success.”  The organization has a local Bay Area program in Oakland.

 

If you would like to donate to Paul’s fundraiser for Soccer Without Borders, you can do so here.