News & Insights

October 6, 2017

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....

October 5, 2017

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. ...

October 4, 2017

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....

September 28, 2017

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....

September 27, 2017

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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