At Lewis & Llewellyn, we routinely engage in all forms of alternative dispute resolution, including arbitration. Paul Llewellyn and Nick Saenz recently secured an arbitration victory on behalf of the firm’s client, one of Silicon Valley’s leading technology companies. The claimant, a logistics supply company, alleged that the firm’s client was contractually obligated to use its services for a certain amount of time. Following discovery, we moved for summary disposition, arguing the claimant’s allegations failed as a matter of law. The arbitrator agreed, dismissing the claim entirely.
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We recently filed a high-profile lawsuit against Auberge Resorts, LLC, operator of some of the world’s finest resorts. The lawsuit alleges that the firm’s client was raped by a room service waiter while staying at the luxury Esperanza Resort, in Cabo San Lucas, Mexico. The complaint further asserts that the resort refused to call the police, claiming they did not work at night. The lawsuit also documents how a simple internet search of the attacker would have revealed highly graphic and disturbing sexual images on his public social media profile. We are proud to continue to fight on behalf of victims of sexual abuse.
You can read more about the lawsuit, which has already attracted the attention of the national and international media, here.
Lewis & Llewellyn is pleased to announce that Marc Lewis and Paul Llewellyn have been named to the National Law Journal’s (“NLJ”) 2017 list of “Elite Boutique Trailblazers.” According to the NLJ, the honorees were selected for “a deep passion and perseverance in pursuit of their mission, having achieved remarkable successes along the way.” The NLJ selected just 23 attorneys throughout the United States to receive this honor and other honorees included powerhouse litigators John Keker, Robert Van Nest, and Elliot Peters of Keker, Van Nest & Peters LLP, Barry Levy of Horvitz & Levy LLP, and John Hueston of Hueston Hennigan LLP. A copy of the NLJ’s article about the firm can be found here.
When deposing a retained expert in California, a party may specify materials to be produced by the expert at the deposition. In response, experts often appeared for deposition with reams of materials, often disorganized, in an attempt to sandbag the opposition. This often forced the deposing party to scramble to review the materials during the deposition and waste limited deposition time.
Effective January 1, 2017, the California Legislature amended the Code of Civil Procedure to prohibit this tactic. Section 2034.415 now requires an expert to produce materials at least three business days before his or her deposition. Because the new rule requires production of materials three “business days” before the expert deposition, the party noticing the deposition would be well-advised to avoid noticing an expert deposition on a Thursday or Friday so as to take advantage of the weekend’s two extra days.
As part of our employee mobility practice, we recently secured an important victory in the Northern District of California for a Fortune 500 financial services company. The litigation at issue concerns a financial consultant who left his employment to join a competitor. Our client sued, and alleged that the former employee stole trade secrets and breached his employment agreement. On this basis, we petitioned the Court for a TRO, and won. In ruling for our client, Chief Judge Hamilton enjoined the former employee and his new employer (another Fortune 500 financial services company) from “using, disclosing, transmitting, and continuing to possess” the information at issue, and ordered the defendants to file sworn statements that all information has been returned to our client. The Court further ordered the parties to proceed with an “expedited arbitration hearing on the merits” under FINRA.
Lewis & Llewellyn is proud to announce that Ryan Erickson has been appointed to the Board of Directors of CALICO. Founded in 1997, CALICO brings together law enforcement officers, child welfare workers, prosecutors and other professionals to respond sensitively and effectively to allegations of child abuse. CALICO is the only child advocacy center in Alameda County, California, and it serves approximately 700 abused children every year.
Lewis & Llewellyn is pleased to announce that Marc Lewis, Paul Llewellyn and Ryan Erickson have all been named to Benchmark Litigation’s 2017 Under 40 Hotlist. The list honors partners age 40 or younger who have been deemed the most promising emerging talent in their litigation communities by peers and clients. Benchmark, which selected just 12 attorneys in California to receive this honor, noted that Lewis & Llewellyn has taken California “by storm.”
Marc Lewis and Paul Llewellyn are honored to have been invited to lecture at Oxford University, Paul’s alma mater, in October 2017. The University’s law faculty, which dates back over 800 years, is generally considered one of the most prestigious in the world and consistently ranks among the top three worldwide. Marc and Paul will be addressing the University’s law faculty and students on complex business litigation in the United States, along with the firm’s groundbreaking work handling civil lawsuits on behalf of victims of childhood sexual abuse.
As part of its ongoing commitment to curbing the epidemic of sexual abuse in America, Lewis & Llewellyn is proud to provide financial support to the following nonprofits: CALICO, the Joyful Heat foundation, and Equal Rights Advocates. You can read more about these admirable organizations and the impactful litigation our firm has pursued against powerful entities that condone sexual abuse by clicking here.
When departing a company to join a competitor, employees should proceed with caution before downloading “personal” information saved on their work computer. While this material is not a company trade secret, downloading it shortly before departing the company can unnecessarily expose the employee to a legal headache. After the employee has departed, the former employer will likely forensically examine her work computer, which will reveal whether and when external storage devices were connected. But the exam will rarely determine what materials were actually transferred—meaning the former employer doesn’t know whether the employee downloaded family photos or key business documents. So, connecting an external device to a work computer in the days/weeks before the employee’s departure can set off alarm bells, often resulting in the former employer sending a cease and desist letter to the departed employee and her new company. The new company will then be concerned about liability for knowingly acquiring and/or using trade secrets, which leads to investigation, legal fees, and a less than stellar first impression of the new employee.
Lewis & Llewellyn has extensive experience advising individuals and companies on the myriad issues that can arise when an employee transitions from one company to another. Click here to read more about this practice area.