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.
Author: Caroline Recupero
Thank you to everyone who joined us earlier this month for Janet Jackson’s Together Again Tour at the Chase Center. It’s always a pleasure to connect with our friends and colleagues in person.
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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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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.
We are pleased to announce that 14 Lewis & Llewellyn attorneys were recently named by Super Lawyers as leaders in their field. Super Lawyers is a rating service of outstanding lawyers who have attained the highest degree of peer recognition and professional achievement.
Paul Llewellyn was once again recognized as one of the Top 100 Attorneys in Northern California, and Marc Lewis, Evangeline Burbidge, Ryan Erickson, Becca Furman, Tobias Snyder, Peter Squeri and Erin Reding were all selected as a Northern California Super Lawyers, a recognition limited to just 5% of California attorneys.
Additionally, John Frost, Brad Estes, Zachary Flood, Nitesh Daryanani, Sable Bahleda and Rina Plotkin were all selected as Rising Stars, an honor limited to just 2.5% of California attorneys.
Lewis & Llewellyn is one of the few firms that splits its practice approximately 50-50 between the plaintiff and defense side. From the outset, the firm has also offered a variety of alternative fee arrangements (AFAs) to best meet our clients’ needs. Among these, Lewis & Llewellyn regularly represents plaintiffs in complex commercial cases on a contingency fee basis.
With this success-based fee arrangement, Lewis & Llewellyn forgoes hourly attorneys’ fees and instead only gets paid when we win. In other words, the firm bears all the risk associated with a plaintiff’s fight for justice and compensation. This can be a good option for clients who may not have the resources to take on corporate behemoths. With over $100 million recovered on behalf of plaintiffs, the firm has a proven track record of success.
Learn more about Lewis & Llewellyn’s business contingency practice here.
Two years ago, Lewis & Llewellyn launched its Annual Fellowship to remove barriers and create opportunities for talented individuals with diverse experiences in the legal industry. We are pleased to welcome Sanika Newadkar to the firm as our fellow for 2024.
Sanika is a third-year political science major at UC Santa Barbara. She is part of her school’s Moot Court team and works as a legal assistant during the school year.
We are thrilled to have Sanika as a part of our team this summer, and we look forward to continuing to provide a space for high achieving young adults to explore their interest in the law.
We are thrilled to announce that our partner Evangeline Burbidge has been named by the Daily Journal as one of the Top Women Lawyers for 2024. The annual award recognizes and honors the best 100 women lawyers practicing in the state of California.
Evan is an experienced litigator who represents both plaintiffs and defendants, focusing on trade secret theft litigation, contract disputes, and founders’ disputes. In the past three years, she has obtained over $50 million in judgments for our clients and has successfully defeated claims seeking over $500 million in damages. She has also been recognized by Super Lawyers, Best Lawyers, Lawyer Monthly, Benchmark Litigation, and has had several monetary awards featured in the Daily Journal.
In her interview with the Daily Journal, Evan talks about her path to becoming an attorney, the $25.7M jury verdict she helped secure last year for our client EchoSpan, and the important lessons she learned from previous trials—including why “it works much, much better with juries to have live witnesses in the courtroom” rather than playing deposition testimony. Evan’s complete profile can be read here.
Thank you to everyone who joined us at Heartwood to celebrate Brad Estes’ promotion to Partner. We had a wonderful turnout and it’s always a pleasure to connect in person.
California Corporations Code section 2203 outlines a critical provision concerning the legal capacity of foreign corporations operating within the state. It provides that without satisfying the prerequisites laid out in Corporations Code section 2105, these entities cannot pursue claims in California courts. Section 2105, mandates that all foreign corporations engaging in business activities within California must obtain a certificate of qualification from the California Secretary of State.
For practitioners representing defendants in California State Court facing claims from out-of-state or foreign corporations, it serves as a pivotal reminder. It is important to ascertain whether the plaintiff corporation possesses a certificate of qualification to conduct business within the state, otherwise it may provide a defense to the claim.
