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Gold Divider

New Deadline for Expert Document Production in California

By Litigation Tips

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.

Lewis & Llewellyn Obtains TRO in Trade Secret Dispute

By Announcements

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.

Ryan Erickson Joins the Board of CALICO

By Announcements

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.

Marc Lewis, Paul Llewellyn and Ryan Erickson Named to Benchmark Litigation’s “Under 40 Hotlist”

By Announcements

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 and Paul to Lecture at Oxford University

By Speaking Engagements

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.

Avoid Setting Off Alarm Bells When Switching Jobs

By Litigation Tips

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.


By Speaking Engagements

Bridgeport, one of the country’s leading providers of continuing legal education, has again turned to Lewis & Llewellyn for one of its featured programs.  On April 28, Bridgeport will present What Makes Jurors Tick?, and all-day seminar for both civil and criminal lawyers.  The faculty for the program, which includes Marc Lewis & Paul Llewellyn, has collectively over 10,000 hours in trial, and hail from elite firms such as Keker, Van Nest & Peters and Gibson, Dunn & Crutcher.  If you are interested in attending, please visit http://www.bridgeportce.com/bridgeportce/live-programs/what-makes-jurors-tick.html.


By Announcements

The Daily Journal has selected Marc Lewis as one of California’s top 40 lawyers under the age of 40.  In the selection process, the Daily Journal considered candidates throughout the state, spanning numerous practice areas, and selected the top 40 based on the impact of the lawyer’s work on the legal community.  As the article noted, “Lewis & Llewellyn was built from the ground up to provide its clients with the tenacity and sophistication of biglaw practice, while maintaining the agility necessary to efficiently resolve legal disputes.”  With over 60,000 lawyers in California under the age of 40, the Daily Journalnoted that the individuals selected represent some of the best legal talent in the world.  In receiving this distinction, Marc joins Paul Llewellyn, who was named to the same list in 2016.