California

Expert Analysis

• 9th Circ. Chromium Ruling May Expand Water System Liability

  

  The Ninth Circuit's recent opinion in California River Watch v. City of Vacaville, affirming a city's liability for trace amounts of chromium in drinking water, could increase risk for water providers that transport water found to contain molecules of solid waste — even if that water meets applicable regulatory limits, says David Fotouhi at Gibson Dunn.

• Girardi Scandal Provides Important Ethics Lessons

  

  The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

• Opinion

  No Signs Of Turning, Tide Of Insurer COVID Wins Persists

  

  The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

• Series

  Embracing ESG: Jabil GC Talks Compliance Preparation

  

  Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

• 3 Ways CLOs Can Drive ESG Efforts

  

  Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

• Opinion

  Copyright Termination, Work-For-Hire Doctrine Need Review

  

  A recent flurry of litigation by Marvel against former writers shows the necessity of court and agency review of the copyright termination right and the outdated work-for-hire doctrine, which could have far-reaching consequences for today's independent contractors, say Carolyn Martin and Ethan Barr at Lutzker & Lutzker.

• Public Agency Risks Grow Under New Calif. Pension Law

  

  Most public agencies will likely face reimbursement demands from the California Public Employees' Retirement System under a new state law that shifts the costs of reporting errors from retirees to employers, so affected agencies should scrutinize their collective bargaining agreements and specialty pay practices for potential risks, says Steven Berliner at Liebert Cassidy.

• How To Navigate California's New Intrastate CBD Route

  

  Businesses and consumers should prepare for rigorous compliance checks on manufacture, distribution and retail sale of consumer products made with CBD and other hemp-derived cannabinoids. following California's new law opening the potentially enormous market for these items, says Christian Foote at Clark Hill.

• How Law Firms Can Rethink Offices In A Post-Pandemic World

  

  Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

• Opinion

  Time To Restore Arbitration's Promise Of Efficiency For All

  

  As companies like Amazon.com turn away from mandatory arbitration clauses, it may seem that the popularity of this litigation alternative is waning, but there are effective ways for parties to fine-tune their arbitration agreements to ensure the process remains quick and inexpensive, says Janice Sperow at Sperow ADR.

• Opinion

  Cannabis Fraud Decision Shows Need For Sentencing Reform

  

  A New York federal court's recent decision in U.S. v. Akhavan, holding a $17 million forfeiture request for cannabis bank fraud unconstitutionally excessive, reveals the need to reform sentencing laws that overemphasize crimes' financial elements even when tenuously related to defendants' intent, say Lloyd Liu and Hilary LoCicero at Bennett LoCicero.

• Manufacturers Face Evolving COVID-19 Legal Challenges

  

  Product manufacturers must adopt new strategies to defend against pandemic-related legal challenges, including discovery delays in health care litigation, novel consumer protection claims, aggressive government enforcement actions and supply chain disputes, says Stephanie Laws at Maslon.

• Series

  Embracing ESG: Baker Hughes CLO Talks Sustainability Team

  

  For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

• What 9th Circ. Arbitration Case May Mean For Insurance

  

  If the plaintiffs in CLMS Management Services v. Amwins Brokerage of Georgia appeal the Ninth Circuit's recent decision that state law does not bar the enforcement of arbitration clauses in insurance contracts, the case may have a significant effect on the different dispute resolution options for insurers and policyholders, say attorneys at Sheppard Mullin.

• Wage And Hour Notifications Under New Calif. Email Law

  

  To address the shift to remote work, a new California law authorizes employers to email required wage and hour notifications to employees, providing an opportunity for businesses to reaffirm their policies and potentially shield against class action liability, says Michael Nader at Ogletree.