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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.
WSHB Case Update: Epic Systems Corp. v. Lewis
On Monday, May 21, 2018, the Supreme Court issued a decision every private employer will be ecstatic to understand and implement into their practice. The majority opinion, authored by Justice Neil Gorsuch, held employers: (1) may rely upon clauses in their employment contracts requiring employees to arbitrate their disputes individually; and (2) may require employees to waive the right to resolve those disputes through joint legal proceedings.
- Full service national law firm founded in 1997 with over 250 attorneys in 22 offices practicing in 14 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 2018 list of largest U.S. Law Firms
WSHB Lawyer Takes Center Stage at West Coast Casualty (WCC) Seminar
Nationally recognized litigator Paul Nolan, Managing Partner of WSHB's Rancho Cucamonga office, will offer his expert advice at two sessions of West Coast Casualty’s Construction Defect Seminar next month in Anaheim, CA. Celebrating its 25th anniversary, the WCC Seminar is considered to be the largest construction defect event in the country, attracting thousands of builders, contractors, subcontractors, insurance agents and lawyers to this go-to event at the Disneyland Hotel.
WSHB Case Update: Pebley v. Santa Clara Opens the Door in California to Inflated Medical Damages Claims
In California, personal injury plaintiffs may recover the lesser of the (1) amount incurred for medical services, or (2) reasonable market value of those services. Plaintiffs with medical insurance may not offer into evidence the full billed amount since it represents a misleadingly inflated number given the realities of modern medical practices in which the amount initially billed is typically more than the amount ultimately paid, especially when insurance is involved. While truly uninsured plaintiffs may offer the amount billed as one indication of what the reasonable market value might be, insured plaintiffs could not do so even if they did not benefit from any discounted rate negotiated by their insurers. (Ochoa v. Dorado (2014) 228 Cal.App.4th 120, 135-36.)
Defense Summary Judgment in Favor of Defendant Northern California City Against $4M Wrongful Death Suit
In a wrongful death action, partner David Webster and associate Tudor Jones recently obtained summary judgment for our client, a large city in Northern California (the "City"). Plaintiff’s decedent lost control of his bicycle as he rode on a sidewalk through a narrowing underpass. Upon losing control, the decedent fell from the sidewalk into the adjacent roadway where he was struck and killed by a passing motorist. Plaintiff alleged that they City was negligent in its design and maintenance of a dangerous condition, the bicycle infrastructure, generally, on public property. The successful Motion for Summary Judgment was brought under Plaintiff’s failure to establish causation, a necessary element of the causes of action pleaded.
Navigating New Data Security Regulations
Litigator and cybersecurity expert Christopher Seusing from WSHB will explore "Navigating New Data Security Regulations" in a special USI Insurance WebEx seminar on Tuesday, May 1, 2018. Seusing, with Tom Ciano, Senior Vice President of USI, will discuss the new European General Data Protection Regulation (GDPR) and changes that may impact c-suite executives, risk managers, in-house counsel and IT professionals that process or possess personal data of Europeans.