Categories
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.

Categories
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.

Categories
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.

Categories
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.

Categories
Announcements

Lewis & Llewellyn Welcomes Becca Furman To The Partnership

Lewis & Llewellyn is delighted to welcome Becca Furman to the partnership.

 

A proud graduate of the University of California system, having attended both UC Santa Barbara and UC Hastings, Becca joined the firm in 2015 after practicing at Winston & Strawn LLP.  Becca’s practice focuses on complex breach of contract, trade secret, and privacy disputes.

 

Since joining the firm, Becca has spent over 15 weeks in state and federal jury trials.  In one, a five-week federal jury trial, Becca represented a software consulting company, and helped achieve a complete defense jury verdict on the plaintiff’s CFAA and CDAFA claims.  In the same trial, the jury awarded the firm’s client over $4 million on its contract-related claims.  While Becca always develops an aggressive trial strategy, she also understands the importance of pragmatic, business-focused solutions.

 

Becca also regularly represents survivors of sexual abuse in civil lawsuits against individuals and institutions.  Her representation has led to numerous successful results, including a $2.75 million settlement.

 

Within the local community, Becca serves on the Bar Association of San Francisco Barristers Board of Directors.

Categories
Litigation Tips

Litigation Tip of the Month: Important Changes to the Statutes of Limitation in California

All civil claims are subject to a statute of limitations, meaning if they are not pursued within a certain time period a lawsuit cannot be brought.  The length of the statute depends on the specific claim, but most claims have a limitations period of between two and six years.

 

When the COVID-19 pandemic hit, followed by significant court closures, the California Judicial Council responded with Emergency Rule 9.  The rule “tolled” (or “paused”) the statutes of limitation for civil actions from March 6, 2020 until 90 days after Governor Newsom lifted the state of emergency.  “Tolling” stops or suspends the running of statutes of limitations; when the tolling period ends, the clock starts again.

 

The Judicial Council has now amended Rule 9 to provide an end date for the tolling period.  Specifically, Amended Emergency Rule 9 creates two tolling periods depending on the length of the pertinent statute of limitation.  Under Rule 9(a), statutes of limitations that exceed 180 days are tolled from April 6, 2020 until October 1, 2020.  Under Rule 9(b), statutes of limitations of up to 180 days are tolled from April 6, 2020, until August 3, 2020.

 

Because most statutes of limitation are over 180 days, the practical effect of the Amended Rule appears to be that most civil statutes of limitation have been extended by 178 days, i.e. the period between April 6, 2020 and October 1, 2020.  The new rule may therefore revive claims that were otherwise time barred, or provide litigants with more time to file their claims.

 

That said, the Judicial Council provided no guidance or illustration on the application of the amended rule, and some commentators have noted that its effect is not altogether clear, particularly as it relates to claims with a shorter limitations period.

 

Since statutes of limitation are critical in litigation, the practitioner would be well-advised to acquaint himself or herself with the new rule and its effect.

Categories
Announcements

Lewis & Llewellyn Honored by Benchmark Litigation

Benchmark Litigation, the definitive guide to America’s leading litigation firms and attorneys, recently released its 2021 rankings.  Lewis & Llewellyn is pleased to have once again been recognized as one of the few “Recommended Firms” in both San Francisco and California—meaning Benchmark deems the firm a “leader” in both markets.  Marc Lewis was named as a Labor & Employment Star, with an emphasis on his burgeoning employee mobility practice.  And Paul Llewellyn was named as a Benchmark California Litigation Star, a category which Benchmark identifies as the preeminent litigation practitioners in the State.  Additionally, partners Ryan Erickson and Evangeline Burbidge were named to Benchmark’s 40 and Under Hotlist—the best and the brightest litigators under the age of 40.

Categories
Announcements

Paul Llewellyn Elected a Door Tenant at 3 Hare Court Barristers’ Chambers

Lewis & Llewellyn is pleased to announce that Paul Llewellyn has been elected a Door Tenant of 3 Hare Court barristers’ chambers in London.  Located in Temple—the heart of England’s legal community—3 Hare Court is one of the country’s leading sets of Chambers, specializing, among other things, in commercial litigation, employment disputes, civil fraud, and international arbitration.  We are delighted and honored to be associated with 3 Hare Court, an association which will further enhance our ability to handle litigation of any size and complexity throughout the world.

Categories
Announcements

Lewis & Llewellyn Welcomes Kenneth M. Walczak to the Firm

As part of our continued growth, Lewis & Llewellyn is pleased to welcome Kenneth Walczak to the firm as Of Counsel.  A graduate of Harvard Law School, Kenneth has practiced civil rights law, constitutional law, and complex civil litigation for fourteen years.  Before joining the firm, Kenneth worked in the San Francisco City Attorney’s Office, representing the City and County of San Francisco in labor and employment matters, affirmative litigation, and appeals.  He has won victories at every phase of state and federal court proceedings, securing recoveries of millions of dollars on the plaintiffs’ side, as well as significant defense victories.

Categories
Announcements

Lewis & Llewellyn Files High Profile Amicus Curiae Brief in the Utah Supreme Court

At Lewis & Llewellyn we handle litigation throughout the country and the world.  Partner Evan Burbidge recently worked alongside Zimmerman Booher, Utah’s premiere appellate boutique, to file an amicus brief regarding a unique and far-reaching constitutional issue in Utah.  The underlying case is currently before the Utah Supreme Court and the outcome will have significant ramifications for all cities and towns in Utah, and perhaps beyond.

 

The amicus curiae (“friend of the court”) brief was filed in support of Salt Lake City’s effort to regain control over one-fifth of its land and associated taxes in connection with the creation of an “inland port.”  This port was created by the Utah Legislature and gives an unelected board effective control over the development of a large swath of Salt Lake City’s land and incremental tax revenues—with the ultimate goal to build and operate a transportation hub linking rail, truck, and air transportation in Utah.

 

In the brief, we argue that the Utah Constitution prohibits this transfer of municipal power to an unelected board.  Lewis & Llewellyn is proud to contribute to this significant effort.