Author: Caroline Recupero

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Recent Wins

Verdict Alert: L&L Wins $25.7M Jury Verdict for Client EchoSpan

 

Lewis & Llewellyn recently secured a $25.7 million jury verdict in a trade secret theft lawsuit in the Northern District of California, working alongside attorneys from Councill, Gunnemann & Chally. Congratulations to the trial team, Evangeline Burbidge, Zachary Flood, Jonathan Chally, Josh Gunnemann, and Jennifer Virostko, and to our incredible client EchoSpan.

 

EchoSpan is the creator of a web-based platform that allows companies to conduct complex 360-degree employee reviews.

 

During the six-day trial, EchoSpan presented evidence that Medallia signed up for a free trial of the EchoSpan product under false pretenses—claiming to be accessing the software to evaluate whether to purchase 5,000 licenses for Medallia’s internal use when, instead, Medallia employees took extensive notes on and screenshots of the product, using it to create a copycat tool. Medallia, in turn, defended these actions, arguing “no harm, no foul” and asserting that it developed the product on its own.

 

The jury sided with EchoSpan, finding that Medallia had willfully misappropriated the “heart” of EchoSpan’s product and awarding $11.7 million in compensatory damages and $14 million in exemplary damages to the company.

 

“It was powerful and humbling to watch the jury—regular members of the community—hold a $6.4 billion dollar company accountable when no one else could,” said partner Evangeline Burbidge. “CEO Joe Vance did the hard thing and stood up to a much bigger company. He and EchoSpan can walk tall after this verdict.”

 

To date, Lewis & Llewellyn’s clients have been awarded over $100 million. Congratulations to our team.

 

Categories
Litigation Tips

Why AI Will Not Mean the End of Lawyers

The march of Artificial Intelligence appears to be inevitable and speculation is rife as to whether AI language models like ChatGPT will replace lawyers.  While AI models have the potential to assist lawyers and enhance efficiency in legal research and fact discovery, it is unlikely that they will be able to replace lawyers entirely:

 

  • Dispute resolution involves a high degree of interpersonal communication and negotiation, which requires emotional intelligence and social skills that AI models do not possess.  Lawyers must be able to communicate effectively with clients, judges, and opposing counsel, and to negotiate complex legal settlements that take into account the needs and interests of all parties involved.
  • Dispute resolution requires more than an understanding of legal concepts and principles; the key skill is analysis and application of legal principles to specific cases and situations.  AI models can provide suggestions and recommendations based on patterns in data, but they do not have the ability to identify or understand legal nuances and subtleties, to make intuitive judgments, or to draw on their own experience and expertise to craft persuasive legal arguments.
  • Caution is warranted even in the realm of legal research because, at least at this time, AI model’s responses are not always reliable.  According to OpenAI, ChatGPT “sometimes writes plausible-sounding but incorrect or nonsensical answers . . . because there’s currently no source of truth.”  Indeed, the quality of data on which AI models are trained is just as important as the quantity of data on which it is trained.  If the data is incomplete or biased in some way, ChatGPT may provide incomplete or biased results.

 

That said, the potential for AI to process vast amounts of data and generate intelligible insights promises to enhance the efficiency of human lawyers, allowing firms that adopt these innovations to deliver better, cost-effective outcomes to its clients.

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Announcements

Unshackled is Now Available on Audiobook

Paul Llewellyn’s bestselling book Unshackled: Reimagining the Practice of Law is now available on audiobook!

A must-listen for every lawyer, aspiring lawyer, or those simply interested in the legal profession, Unshackled is a call to action for establishing a more service-oriented and satisfying profession.  From how we train lawyers and bill hours to how we service clients and market ourselves, the legal system is outdated and long overdue for a wake-up call.  In Unshackled, Paul reimagines the practice of law as a more humane and human-centered career, presenting a practical plan for improving the lives of lawyers and their clients.

 

Purchase the audiobook on Amazon, Audible, Apple, and Audiobooks.com.

Categories
Announcements

Lewis & Llewellyn Welcomes Peter Squeri to the Firm

As a part of our continued expansion, Lewis & Llewellyn is very pleased to welcome Peter Squeri to the firm.

 

Before joining Lewis & Llewellyn, Peter practiced for more than 10 years at the San Francisco office of Gibson, Dunn & Crutcher LLP.  At Gibson Dunn, he represented leading companies and individuals in complex civil litigation and investigations.  As an experienced trial lawyer, Peter has helped numerous clients achieve trial victories in state and federal courts, as well as in private arbitrations.  The addition of Peter to the firm’s deep bench of experienced attorneys further strengthens our ability to handle litigation of any size or complexity.

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Announcements

Lewis & Llewellyn in the Community: Olivia Bona Featured in ABA Journal

Lewis & Llewellyn attorney Olivia Bona was recently featured in an ABA Journal article entitled “How young attorneys are shaking up law firm culture.”  The article, available here, focused on how firms such as Lewis & Llewellyn are fostering the next generation of legal talent, allowing them to have better work-life balance that is so often lacking at many firms.

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Announcements Speaking Engagements

Lewis & Llewellyn in the Community: Paul Llewellyn on The Game Changing Attorney Podcast

Last week Paul sat down with Michael Mogill in Atlanta to discuss his best-selling book, Unshackled: Reimagining the Practice of Law, for an upcoming episode of Michael’s podcast, The Game Changing Attorney.  Every episode focuses on law firm entrepreneurs and market leaders who challenge the status quo and define what it means to be a game changer.

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Announcements

Applications are Now Open for the Lewis & Llewellyn Annual Fellowship

Applications for the Lewis & Llewellyn Annual Fellowship are now open for 2023!

 

Lewis & Llewellyn is dedicated to providing an opportunity for high-achieving young adults to explore their interest in the law.  In furtherance of this mission, Lewis & Llewellyn created our Annual Fellowship to remove barriers and create opportunities for talented individuals with diverse experiences in the legal industry.  The fellowship is geared towards undergraduate students who want to see behind the scenes and gain valuable experience in the practice of law through mentorship, professional development, and hands-on exposure and training.

 

This individual will work as a critical member of our team, assisting attorneys and staff with investigations, legal briefing, analyzing evidence, and much more across a wide variety of substantive legal areas in commercial litigation.  The program will also offer opportunities to see the life cycle of a litigation, observe hearings and depositions, and receive one-on-one mentorship with our attorneys.

 

This fellowship is a paid opportunity.

 

Interested candidates may apply by sending a resume and a short personal statement (250 words maximum) to careers@lewisllewellyn.com.

Categories
Announcements

Lewis & Llewellyn Welcomes Nitesh Daryanani to the Firm

As a part of our continued expansion, Lewis & Llewellyn is very pleased to welcome Nitesh Daryanani to the firm.

 

After earning his law degree in India, Nitesh received an LLM from UC Berkeley and transferred his practice to the Bay Area.  Prior to joining Lewis & Llewellyn, Nitesh practiced at the San Francisco offices of Morrison Foerster LLP and Latham & Watkins LLP.  With more than ten years of experience in both the United States and India, including significant trial and arbitration experience, Nitesh brings to the table a unique blend of legal aptitude and cultural awareness.

 

As California’s premier litigation boutique, Lewis & Llewellyn looks forward to continuing to welcome the best and the brightest attorneys from the world’s leading law firms who are looking to practice at the cutting edge of litigation.

Categories
Litigation Tips

The Ninth Circuit Rejects California’s Ban on Arbitration Provisions in Employment Agreements

Last month a divided Ninth Circuit panel ruled that California employers can require workers to sign an arbitration agreement as a condition of employment.  This is a reversal of the panel’s September 2021 ruling which allowed partial enforcement of A.B. 51, which California enacted to protect employees from “forced arbitration.”

 

The panel decided to revisit the case following the United States Supreme Court’s ruling in Viking River Cruises v. Morian, which the U.S. Chamber of Commerce and the California Chamber of Commerce argued invalidated the law.  In this ruling, the Supreme Court upheld that the Federal Arbitration Act preempts state laws, such as A.B. 51, that aim to limit arbitration agreements.  “Because the FAA’s purpose is to further Congress’s policy of encouraging arbitration, and A.B. 51 stands as an obstacle to that purpose, A.B. 51 is therefore preempted,” the majority Ninth Circuit panel stated in its opinion.

 

This win for California employers allows them to continue to mandate arbitration agreements with employees without the potential of civil or criminal liability.  However, this may not be the end of the story.  California employers would be well-advised to continue to track developments on this issue as the State of California evaluates its next steps and response to this ruling.