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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.

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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.

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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.

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Litigation Tips

The Federal Trade Commission Proposes Ban on Noncompete Clauses in Employment Agreements

On January 5, 2023, the Federal Trade Commission (FTC) proposed a nationwide ban on non-compete clauses.  The proposed ban follows initial findings by the FTC that non-competes constitute an unfair method of competition, which violates Section 5 of the FTC Act.  This also follows through on President Biden’s 2021 Executive Order on Promoting Competition in the American Economy, which encourages the Commission to take action against the unfair use of non-compete clauses and other potentially restrictive covenants that may unfairly limit workers’ wages and mobility.

 

The proposed rule includes three main elements:

 

  1. It categorizes all non-compete agreements to be unfair methods of competition and makes it illegal under Federal law to enter into or maintain non-competes with any workers, including employees, independent contractors, externs, interns and volunteers;
  2. it requires employers to rescind existing non-competes; and
  3. it requires employers to notify current and former employees of the rescission and provides a template for such notices.

 

The FTC has estimated that the new rule could increase wages by nearly $300 billion per year.  While still subject to a public comment period, finalization and judicial review, if implemented, the new rule would have a seismic impact on employment agreements nationwide.  Naturally, we will keep you informed of further developments.

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Announcements

Lewis & Llewellyn Challenges the National Association of Realtors In A High Profile Antitrust Lawsuit

Last week, a Lewis & Llewellyn team consisting of Toby Snyder, Zack Flood and Paul Llewellyn filed a brief in the Ninth Circuit Court of Appeals, on behalf of the firm’s client, Top Agent Network, challenging the National Association of Realtors’ so-called “Clear Cooperation Policy.”  The draconian rule requires real estate agents to submit a real estate listing to the MLS within one business day of “marketing” a property to the public.  The NAR has defined marketing extremely broadly to include two agents even discussing a property.  The appeal has already attracted the attention of the media, including Law360, Inman and The Real Deal, as well as the U.S. Department of Justice, which has asked the Court for permission to file an amicus brief.  Stay tuned for further details.

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Announcements

Unshackled Becomes An Amazon No. 1 Best Seller

Just days after its launch, Paul Llewellyn’s debut book, Unshackled: Reimagining the Practice of Law, has become an Amazon Bestseller. The book reached the number 1 spot in the country in several categories including the Practice of Law, Legal Services and Legal Education. If you have not yet purchased your copy Unshackled is available on Amazon here.

 

For those wanting to learn more, Paul will discuss Unshackled in a virtual program hosted by the Marin County Bar Association on February 28, 2023 at noon. More information about the program, which will qualify for 1 hour of CLE credit, is available here.

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Announcements

Lewis & Llewellyn Welcomes Sable Hodson to the Firm

Lewis & Llewellyn is delighted to start 2023 by welcoming Sable Hodson to the firm.

 

Prior to joining Lewis & Llewellyn, Sable practiced for over six years at Kirkland & Ellis LLP, one of the world’s premier international law firms.  There, she represented clients from numerous sectors, including aerospace, technology, consumer products, entertainment, and private equity in complex business litigation.  The addition of Sable to the firm’s deep bench of experienced attorneys further strengthens our ability to handle litigation of any size or complexity.

 

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.