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Put Up Your Dukes

Employers rely on bullies. Bullies push innovation, motivate co-workers and generate business. However, bullying in the workplace creates risks, and employers are facing new liabilities for failing to address bullying. Bullying is prevalent and comes from all directions. According to the Workplace Bullying Institute, an estimated 27% of Americans report experiencing abusive conduct at work, and 72% report being aware of workplace bullying. Similarly, a survey commissioned by CareerBuilder of full-time employed private sector employees indicated that 28% of employees reported having experienced or were currently experiencing bullying in the workplace.

From the Mouths of Millennials: What Makes Their Generation Tick

How to inspire, retain, motivate, and tap into the largest generation in the workforce today will be explored at a CLM session titled, “From the Mouths of Millennials: Perceptions, Realities and Strategies for Dealing with Millennials in the Construction Industry.” WSHB Firm Chairman Dan Berman joins a panel of thought leaders at the 2017 CLM & Business Insurance Construction Conference in San Diego, California on October 10th to include Kelly Behrens from Vela Insurance Services, Paul Mason from XL Catlin and Jamie Samaniego from Markel Service, Incorporated.

  • Full service national law firm founded in 1997 with over 200 attorneys in 21 offices practicing in 13 states across the U.S.
  • Tried over 900 cases to verdict; internationally recognized for exceptionally high rate of success
  • Recognized as one of the top two law firms in the nation for inclusiveness of women lawyers in the National Law Journal’s 2017 Women’s Scorecard
  • Ranked #4 on The American Lawyer’s 2016 Diversity Scorecard
  • Top 10 ranking on Law360’s 2016 list of “The 100 Best Law Firms for Female Attorneys"  
  • Top 20 ranking on Law360's 2016 list of "The Best Law Firms for Minority Attorneys"
  • Named "Go-To Law Firm" in ALM's annual edition of In-House Law Departments at the Top 500 Companies
  • Top 200 ranking on Law360's 400 2017 list of largest U.S. Law Firms

How to Survive Litigating a Construction Claim in a Judicial Hellhole

Kevin Smith, Founding Partner at WSHB, joins a panel of legal experts as they explore “How to Survive Litigating a Construction Claim in a Judicial Hellhole” at the 2017 CLM & Business Insurance Construction Conference in San Diego, California on Wednesday, October 11, 2017.  Nationally celebrated for his impressive success in the courtroom, Smith will join other national thought leaders on this hot topic.  This includes Larry Beemer, from the IAT Insurance Group; Marissa Beyers, from Trial Behavior Consulting; Thomas Mannion, from Lewis; and Carolyn Crawford from Nationwide Insurance for this CLM Premier Session. 

Risk Transfer for High Exposure Construction Cases 

Keith Smith, a risk management and litigation expert from WSHB, joins a CLM panel to explore “Risk Transfer for Complex Construction Cases” on October 10, 2017 at 2:30 p.m. in San Diego, California. Smith joins other thought leaders in the construction industry, including David Blau, Henrietta Hinojosa, John Toohey and Ralph Woodard.

1 Year Statute of Limitations for Medical Providers Does Not Apply to Premises Liability Claims

In Johnson v. Open Door Community Health Centers, decided on September 11, 2017, the California Court of Appeal held that the Medical Injury Compensation Reform Act's ("MICRA") (Code Civ. Proc., § 340.5) one-year statute of limitations for professional negligence applies only when the injury's legal cause relates to the "rendering of professional services," and not to ordinary negligence claims. This decision limits the reach of MICRA's one-year statute of limitations to injuries caused by a breach of a duty owed exclusively to the patient during the rendering of professional services, rather than the public at large.

Winery Prevails in High Stakes Trademark Trial

On September 19, 2017, WSHB client Fetzer Vineyards received a resounding trial victory in a trademark action brought by Sazerac Company. In its lawsuit, Sazerac alleged that Fetzer Vineyards’ bourbon barrel aged 1000 Stories wine, which depicts a buffalo image, was confusingly similar to Sazerac’s Buffalo Trace bourbon whiskey, which also depicts a buffalo image. In a 35-page ruling, following a week long bench trial, U.S. District Court Judge William H. Orrick agreed with virtually every argument advanced by the defense, including that the Buffalo Trace brand lacked the requisite distinctiveness, that the two products are not confusingly similar, and that Sazerac failed to demonstrate any harm. “In the final analysis,” wrote Judge Orrick, “this case was not close.”

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