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Litigation Tips

New California Laws for 2023

January 1, 2023 will see the introduction of hundreds of 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.

 

Jaywalking rules relaxed: Police officers will be prohibited from stopping or citing people for jaywalking “unless a reasonably careful person would realize there is an immediate danger” of a collision with a vehicle or bicyclist.  In other words, pedestrians will no longer be cited for crossing the street outside of a crosswalk, unless they are in immediate danger of being hit.

 

Increase to minimum wage: Beginning on January 1, 2023, all California employers, regardless of size, must provide their employees a minimum wage of not less than $15.50 per hour.  Many California cities, including San Francisco, already have ordinances in place that mandate a higher minimum wage.

 

Abortion rules eased: Nurse practitioners will now be able to perform first-trimester abortions without a doctor’s supervision.  This is one of about a dozen new laws intended to increase abortion access in California, some of which have already taken effect.

 

Rape kit DNA: Police departments will be prohibited from using the DNA profile of sexual assault survivors in investigations of unrelated crimes.  The new law was proposed after it came to light that the San Francisco Police Department was using DNA from rape kits to identify suspects in unrelated crimes, prompting a national outcry.

 

Restriction on fur sales: Finally, in a blow to fashionistas, the sale and manufacture of new fur clothing and accessories will be outlawed.  The law passed in 2019, but legislators delayed implementation until 2023 to give retailers time to unload their inventories.  Retailers can still sell secondhand fur clothing or décor and the ban will not apply to faux fur.  The new law does not apply to leather, taxidermied animals, cowhides and the full skin of deer, sheep and goats.

 

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Announcements

Lewis & Llewellyn Partners Attend Crisp’s Game Changers Summit

Last month, Paul Llewellyn and Ryan Erickson attended Crisp’s Game Changers Summit in Atlanta, Georgia—the world’s largest conference for law firm owners.  In addition to networking with some of the most successful lawyers in the country, Paul and Ryan also had the privilege of meeting renowned leaders including David Goggins, Camille Vasquez, and Arnold Schwarzenegger.

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Announcements

The Daily Journal Names Paul Llewellyn to List of Top 100 Lawyers in California

The Daily Journal recently named Paul Llewellyn to its annual list of the Top 100 Lawyers in California.  This list honors the most highly regarded attorneys in the state who execute cutting edge legal work and make an impact on their clients, the industry, and society at large.  Paul was recognized not only for his success handling complex business litigation matters, but also for his commitment to representing sexual abuse survivors and obtaining justice on their behalf.  A copy of The Daily Journal’s profile on Paul can be found here.

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Announcements

The National Law Journal Names Lewis & Llewellyn Partners as Plaintiffs’ Attorneys Trailblazers

Lewis & Llewellyn is pleased to announce that partners Marc Lewis, Paul Llewellyn, Ryan Erickson, and Becca Furman have been selected by The National Law Journal (“NLJ”) to its 2022 list of Plaintiffs’ Attorneys Trailblazers.  The NLJ selected just 50 plaintiffs’ attorneys across the United States who it characterized as “truly agents of change.”  In selecting the firm for this honor, the NLJ recognized the firm’s groundbreaking work bringing civil lawsuits on behalf of survivors of sexual abuse.  Lewis & Llewellyn is unique among litigation boutiques in that it splits its practice approximately 50-50 on the plaintiff and defense side.  By applying the same aggressive advocacy it deploys on behalf of its business litigation clients, the firm has recovered tens of millions of dollars on behalf of survivors of sexual abuse and has driven institutional change to help prevent future instances of abuse.  A copy of the NLJ’s profile of the firm can be found here.

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Announcements

Announcing the Launch of the Annual Lewis & Llewellyn Equity Fellowship

At Lewis & Llewellyn, we are committed to providing a space for high-achieving young adults to explore their interest in the law. We are particularly committed to enabling individuals from groups under-represented in the legal profession to gain access to mentorship, professional development, and hands-on exposure and training to fast track their future legal careers.

 

This summer, we are proud to launch an annual summer fellowship geared towards undergraduate students who want to see behind the scenes and gain valuable experience at California’s fastest growing litigation boutique. This individual will be working 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.

 

Please send a resume and a short personal statement (250 words maximum) to careers@lewisllewellyn.com if you are interested in applying.

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Announcements

Lewis & Llewellyn Wins $28M Award and Defeats $30M Claim, Securing Complete Arbitration Victory

We are pleased to report another landmark win for a Lewis & Llewellyn client.  As reported in Law360 and the Daily Journal, following a two week arbitration and years of litigation, Lewis & Llewellyn client EDAG Engineering was awarded $30 million against electric vehicle startup Byton, after a payment dispute arose from their combined efforts to build an all-electric luxury SUV called the M-Byte.  In reaching this decision, the JAMS sole arbitrator, former San Francisco County Superior Court Judge William J. Cahill, found that Byton had breached its contract with EDAG.  Judge Cahill also rejected Byton’s $31 million counterclaim against EDAG.  Judge Chen of the Northern District of California confirmed the award, which included $28,635,392.42, plus over $1.5M in costs and interests.

 

When interviewed by Law360, partner Evangeline Burbidge said, “This is absolutely the right outcome.  Our client did their job, providing world-class service in the face of novel engineering challenges.  We were please to help them receive every penny they had earned, with interest.”  A copy of the article is available here.

 

The Lewis & Llewellyn team consisted of lead counsel Burbidge, supported by Brad Estes, Marc Lewis, Ken Walczak, and Kristin Orrantia.

 

 

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Announcements

Lewis & Llewellyn Files High Profile Sexual Abuse Lawsuit Against The Branson School

At Lewis & Llewellyn, we continue to lead the fight for justice on behalf of survivors of childhood sexual abuse.  Recently, a team led by Paul Llewellyn and Nathalie Fayad filed a high-profile lawsuit against The Branson School, an elite private school located in Marin County, California.  According to the lawsuit, the school failed to protect a generation of young girls from a known sexual predator who was employed by the school.  The complaint alleges that the school’s Director of Athletics and soccer coach subjected the firm’s client, and others, to years of sexual abuse in the late 1970s, when they were children under the care of Branson.

 

The lawsuit attracted nationwide press coverage; including an in-depth profile in the San Francisco Chronicle by Pulitzer Prize winning journalist Matthias Gafni.  Further details are also available in a press release about the case.

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Announcements

Evangeline Burbidge Recognized By Best Lawyers

 

Partner Evangeline (“Evan”) Burbidge was recently selected for recognition by Best Lawyers as one of the top attorneys in California.  Recognition by Best Lawyers is based entirely on peer review, and its methodology is designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

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Litigation Tips

Important Changes to the California Code of Civil Procedure

The New Year brings with it some important changes to the Code of Civil Procedure (“CCP”).  On January 1, 2021, California updated the CCP to incorporate two of the Covid-related Emergency Orders.  These changes are welcome updates for lawyers who have long relied on email service and remote depositions to increase case efficiency and reduce client costs.

 

For cases filed after January 1, 2019, CCP § 1010.6 now requires represented parties to accept eService and to eServe upon request.  Keep in mind that the serving party must confirm the email service address before completing service.

 

CCP § 1010.6 also clarifies that “electronic filing” is the act of transmission to the court as opposed to approval of the filing.  This clarifies that a party need not wait for a document to be accepted by the court before service is complete—a key distinction given that many clerks’ offices are currently working with skeleton crews.  Section 1010.6 also extends the statute of limitations for filing complaints and cross-complaints where the eFiling was rejected for failure to comply with the rules or pay the applicable fees.

 

CCP § 2025.310 codifies Emergency Rule 11, which allowed deponents to appear outside the presence of the deposition officer, thus facilitating remote depositions.

 

Finally, CCP § 599 automatically extends certain cut-off dates when trials are continued.  This includes the exchange of expert witness information, which previously needed to be specifically ordered by the Court if a trial was continued.

 

The practitioner would be well-advised to acquaint herself or himself with the new rules, which are likely to further streamline litigation by removing unnecessary red tape.

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Announcements

Lewis & Llewellyn Welcomes Daniel Jordan To The Firm

As part of our continued growth, Lewis & Llewellyn is pleased to welcome Daniel Jordan to the firm as an Associate.  After graduating from the University of Pennsylvania Law School, Daniel practiced at the San Francisco office of O’Melveny & Myers LLP, representing many leading technology, startup, and Fortune 500 companies in state and federal court.  He has broad experience in numerous areas of complex litigation, including breach of contract, trade secret, trademark, copyright, false advertising, and unfair competition disputes.