In early March, Lewis & Llewellyn partners Ryan Erickson and Paul Llewellyn traveled to Europe to discuss the firm’s groundbreaking work bringing civil lawsuits on behalf of survivors of sexual violence. The pair first traveled to University College Dublin where, at the invitation of the University’s Institute of Criminology and Criminal Justice, they delivered the faculty’s Distinguished Guest Lecture. They then traveled to the United Kingdom where, in conjunction with the University of Oxford’s Faculty of Law, the Bonavero Institute of Human Rights, and Oxford Lawyers Without Borders, they addressed students and faculty in a presentation entitled “Fighting Back: U.S. Litigation In The #MeToo Era.” Lewis & Llewellyn looks forward to fostering closer ties with these prestigious universities.
As most business leaders know, the most stringent privacy law in the United States—the California Consumer Privacy Act (“CCPA”)—went into effect this year and applies to all companies that do business in the Golden State. The CCPA’s private right of action gives California residents the right to sue companies when their personal information is subject to unauthorized access, theft, or disclosure stemming from a company’s failure “to implement and maintain reasonable security procedures and practices.” Because the CCPA creates a right to statutory damages (ranging from $100 to $750 per violation) without the need to prove actual harm, companies should prepare for a deluge of CCPA class actions.
One critical aspect of such preparation should be to implement a security breach response plan that will promptly and effectively respond to individual consumer notices following an alleged security breach. Under the “notice and cure” provision of the CCPA, a private plaintiff must provide a company with 30 days’ written notice prior to filing a lawsuit. “In the event a cure is possible,” a company can avoid “individual statutory damages of class-wide statutory damages” if it “actually cures” the violation within 30 days and provides the consumer with a written statement to that effect. The notice and cure provision thus provides a promising avenue for companies seeking to sidestep CCPA class actions. That said, this section is sure to be one of the most hotly contested parts of the CCPA because the term “cure” is undefined by the statute.
The attorneys at Lewis & Llewellyn are fully prepared to defend our clients’ interests in single plaintiff and putative class actions based on alleged CCPA violations. Contact us to learn more about the CCPA or our deep experience addressing privacy issues in litigation.
In two weeks, Lewis & Llewellyn partners Paul Llewellyn and Ryan Erickson will travel to Europe to discuss the firm’s groundbreaking work pursuing civil lawsuits on behalf of survivors of sexual violence. In 2012, before the #MeToo movement had begun, the firm represented a childhood survivor of horrific sexual abuse perpetrated by two California teachers. The case garnered worldwide media attention and together with two other victims from the same school, concluded with the largest ever sexual abuse settlement by a school district in United States history. Since then, in addition to its core business litigation expertise, the firm has earned a reputation as one of the country’s leading firms pursuing justice on behalf of survivors of sexual abuse.
In conjunction with the University of Oxford’s Faculty of Law, the Bonavero Institute of Human Rights, and Oxford Lawyers Without Borders, Llewellyn and Erickson will address students and faculty from this prestigious university in a presentation entitled “Fighting Back: U.S. Litigation In The #MeToo Era.” More information about the lecture can be found here.
Llewellyn and Erickson will then head to University College Dublin. 2020 marks the 20th anniversary of the establishment of University’s Institute of Criminology and Criminal Justice. The Institute has planned a series of special events to celebrate this landmark occasion, and the pair are honored to have been invited to give a lecture to students and faculty there as part of the special events.
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Lewis & Llewellyn Has Moved!
We are pleased to announce that the firm began 2020 in its new office space. In order to accommodate our continued growth, we relocated to a newly renovated space on the top floor of a building directly across from the Transamerica Pyramid, and just down Montgomery Street from our prior location. Please stop by if you are in the neighborhood.
Our new address is 601 Montgomery Street, Suite 2000, San Francisco, CA 94111.
Many employers insist that their employees sign mandatory arbitration agreements as a condition of employment. However, on October 10, 2019, California Governor Gavin Newsom signed a bill into law that will prohibit employers from requiring mandatory arbitration agreements for nearly all types of employment claims. The bill adds a new Section 432.6 to the California Labor Code prohibiting any person (including employers) from requiring an applicant or employee (as a condition of employment, continued employment, or the receipt of any employment-related benefit) to “waive any right, forum, or procedure” for alleged violations of the Fair Employment and Housing Act (FEHA) and the California Labor Code.
In light of the sweeping reach of the new law, many anticipate a successful legal challenge on the ground that it is preempted by the Federal Arbitration Act. This could lead to years of litigation, and ultimately, the issue may need to be resolved by the U.S. Supreme Court. Given the current uncertainty, employers would be well-advised to consult with experienced employment counsel when considering whether to continue to use mandatory arbitration agreements or whether existing agreements need to be modified.
Our attorneys were busy last month presenting on all aspects of civil litigation. Ryan Erickson and Evan Burbidge returned to the California Superior Court Boot Camp Conference hosted by Pincus Professional Education, giving presentations on “Mastering Oral Argument” and “How to Prepare for Trial.” Becca Furman moderated a panel for the Bar Association of San Francisco on best practices for working with in-house counsel. Paul Llewellyn presented at Bridgeport CLE’s trial preparation program on preparing witnesses for trial. And Ryan Erickson and Nick Saenz traveled to UCLA to speak to law students about prosecuting and defending trade secret disputes.
Also in October, Marc Lewis spent two intensive days at NPR’s How I Built This Summit, a gathering of successful entrepreneurs. Marc met with many groundbreaking builders and innovators including the founders of Instagram, JetBlue, Bliss, Slack, Away, Urban One, and others. Programming included several small sessions where Marc discussed business fundamentals, personal and organizational leadership, and innovation with other entrepreneurs.
Each year the Daily Journal, California’s leading legal publication, selects 20 law firms across the State as a “Top Boutique.” This year, Lewis & Llewellyn earned a spot on the coveted list—the only firm selected in Northern California for complex litigation. The Daily Journal recognized Lewis & Llewellyn’s success in handling complex business disputes, as well as the firm’s niche practice bringing civil lawsuits on behalf of survivors of sexual abuse. This is the second time the firm has been included on the elite list, the first being in 2017.
See the Daily Journal’s full article on the firm below.
Last week, Benchmark Litigation, the definitive guide to America’s leading litigation firms and attorneys, released its 2020 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. Additionally, 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 Litigation Star, a category which Benchmark identifies as the preeminent litigation practitioners in the U.S.
Last week, Lewis & Llewellyn partner Paul Llewellyn was a featured speaker at the Practising Law Institute’s Pocket MBA 2019 program. This two-day intensive course was designed for non-accountants, in-house and law firm attorneys looking to improve their understanding of business strategies and accounting fundamentals taught by a faculty from elite accounting and law firms, private equity investors, bankers, consultants and academics.
And on November 1, 2019, Lewis & Llewellyn partners Evangeline Burbidge and Ryan Erickson will be speaking at Pincus Professional Education’s Superior Court Boot Camp in San Francisco on “Mastering Oral Argument” and “How to Prepare for Trial.” This full day program will focus on the nuts and bolts of litigating in California State Court from the filing of a complaint to post-trial motions and appeals. To learn more about the program, or to register, click here.
Lewis & Llewellyn partner Nick Saenz is a regular contributor to Tech Crunch, one of the web’s leading publications focused on the technology industry. In a recent article, Nick cautioned readers on how to avoid accusations of trade secrets theft, when either leaving for a competitor or onboarding new employees. You can read the article, which includes Nick’s sage advice, below or on TechCrunch’s website.
