Sherry Jackman

Good news for employers! A recent California Court of Appeal decision in Hernandez v. Sohnen Enterprise, Inc. has made it harder for employers to lose their right to arbitration over procedural issues like late payment of fees. This ruling confirms that if your arbitration agreement is governed by the Federal Arbitration Act (FAA), it takes precedence over the California Arbitration Act (CAA). Want to learn more? Contact us today. #Arbitration #EmploymentLaw #CaliforniaArbitration #EmployerRights #LegalUpdate

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𝗪𝗵𝘆 𝗛𝗲𝗮𝗱𝗶𝗻𝗴𝘀 𝗠𝗮𝘁𝘁𝗲𝗿 𝗶𝗻 𝗔𝗽𝗽𝗲𝗹𝗹𝗮𝘁𝗲 𝗕𝗿𝗶𝗲𝗳𝘀 Under California appellate rules, briefs must state each point under a separate heading or subheading.  Appellants and respondents alike should heed this requirement, as both persuasion and preservation may depend on it.  Some practice tips to consider: ✅ Many appellate courts will deem an argument forfeited if buried under an unrelated heading, or made only in a footnote. ✅ Headings should be substantive, but not so lengthy that they cease to serve as "headlines" and start to resemble text. ✅ Organizing headings for each distinct contention brings discipline to the drafting process, making the brief more coherent and digestible.  Generating a new Table of Contents for each draft is an excellent editing tool, helping you see whether points flow logically and persuasively. ✅ If the Table of Contents has "gaps" that would confuse a stranger, revise.  Justices often read the TOC to gain a substantive overview of the brief before diving in.   ► 𝗧𝗵𝗲 𝗽𝗿𝗮𝗰𝘁𝗶𝗰𝗮𝗹 𝗺𝗲𝘀𝘀𝗮𝗴𝗲:  Ensure that your brief headings are crisp and clear, and that they smoothly outline all your core contentions on appeal. #appeals Laurie Hepler

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The California Supreme Court recently issued a ruling that impacts California law on the waiver of arbitration. What does it all mean? Litigators Michael G. Cross and Michael Hopkins explain in our latest #litigationalert. https://lnkd.in/ghYfDuuQ #sacramentolitigators #sacramentotrialattorneys #sacramentolitigationattorneys #sacramentolawyers #sacramentolawfirms #sacramentolitigationfirms

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Law360, Bloomberg Law, Global Legal Chronicle and the Seattle Daily Journal of Commerce were among the media outlets that reported on the recent arrival of McGuireWoods LLP partner Michael Scoville. He litigates #productliability matters, commercial disputes and arbitrations involving the #aviation, #aerospace, #defensecontracting, #telecommunications and #automotive industries and has earned a nationwide ranking for aviation #litigation from Chambers USA each year since 2021. https://lnkd.in/gqcdzde4

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GT attorneys Alan Greenfield, Alice Kessler, Adil Khan, Riley Lagesen, and Magaly Zagal have written the #GTAlert titled, "SB 478 May Require Significant Shifts in Pricing Practices for California Restaurants." The piece covers: 💡 DOJ interpretation of SB 478 may impact long-established and common restaurant business practices 💡 Consequences of noncompliance are potentially significant 💡 The law goes into effect July 1, 2024 Read the full alert here: https://buff.ly/4aDKf9d. #CaliforniaRestaurants #RestaurantIndustry #GTRestaurantIndustry #CaliforniaGovernment

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📢 CalArb has recently launched its FAQs related to international arbitration in California! All of the FAQs can be found here: https://calarb.org/faqs/ Post 3 of 5: ❓ 𝗖𝗮𝗻 𝗮 𝗻𝗼𝗻-𝗨.𝗦. 𝗹𝗮𝘄𝘆𝗲𝗿 𝗮𝗽𝗽𝗲𝗮𝗿 𝗶𝗻 𝗮𝗻 𝗶𝗻𝘁𝗲𝗿𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗮𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗶𝗻 𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 ❓ 𝙔𝙚𝙨, 𝙣𝙤𝙣-𝙐.𝙎. 𝙡𝙖𝙬𝙮𝙚𝙧𝙨 𝙘𝙖𝙣 𝙖𝙥𝙥𝙚𝙖𝙧 𝙞𝙣 𝙖𝙣 𝙞𝙣𝙩𝙚𝙧𝙣𝙖𝙩𝙞𝙤𝙣𝙖𝙡 𝙖𝙧𝙗𝙞𝙩𝙧𝙖𝙩𝙞𝙤𝙣 𝙬𝙞𝙩𝙝𝙤𝙪𝙩 𝙖𝙣𝙮 𝙣𝙚𝙚𝙙 𝙩𝙤 𝙧𝙚𝙜𝙞𝙨𝙩𝙚𝙧. In 1988, the California legislature amended California’s international arbitration statute, CIACA, to clarify that non-U.S. and out-of-state lawyers are welcome to appear in international commercial arbitrations seated in California without the necessity of registering with the State Bar, paying a fee, or engaging local counsel. This statutory right applies as long as foreign counsel satisfy any of five conditions.  See Cal. Code Civ. Proc., § 1297.185 et seq. This legislative amendment erased any doubt created by the decision in Birbrower v. Superior Court, 17 Cal. 4th 124 (1998) about the ability of foreign or out-of-state lawyers to appear in California-based international arbitrations. (Out-of-state lawyers are required to comply with a simple registration process to handle domestic arbitration matters. That requirement does not apply to international arbitration matters.) #internationalarbitration #californialaw #internationalbusiness #californiabusiness #calarb #internationallaw

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The California Supreme Court has aligned state law with federal precedent by removing the requirement to prove prejudice when determining whether a party has waived its right to compel arbitration. This landmark decision underscores the importance for employers to promptly enforce arbitration agreements in litigation, writes DMW Shareholder Katherine Fine. https://lnkd.in/ghngT32s #Arbitration #CaliforniaEmploymentLaw #Litigation #EmploymentLitigation #DMW

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U.S. District Court, District of Arizona holds that #Section1782 still applies in arbitrations that are not "purely private commercial" proceedings. "Although purely private commercial arbitration panels do not fall within this definition, the Supreme Court left open the possibility that other types of arbitration panels could be covered by the statute if they sufficiently exercise governmental authority." " All drivers in British Columbia must purchase minimum coverage, including UMP, from ICBC. And Canadian provincial law Regulation s.148.2(1) requires coverage disputes to be resolved either by private arbitration by consent or, in the absence of consent, by arbitration under the Arbitration Act of British Columbia through B.C. International Commercial Arbitration Centre (“BCICAC”), a non-profit entity. The arbitration at issue here is not a private arbitration by consent; it is an arbitration under the Arbitration Act through BCICAC. Under these circumstances, the Court finds that arbitration under the Arbitration Act through BCICAC is more akin to a governmental authority than a purely private, commercial body." Read the entire opinion below. #Canada #crossborderdiscovery

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The Staff Report & Legal Bites | By: Jared Slater Read more on this below!

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The rumors that the California AG’s office would provide more clarity on California’s "Hidden Fees" law turned out to be true. Gonzalo Mon and Beth Chun's latest blog post summarizes some of the more notable answers from the set of FAQs released this week related to SB 478, which takes effect on July 1, 2024. https://lnkd.in/ejQP_B8p #HiddenFees #AdvertisingLaw #AdLaw

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Based in Los Angeles County, The Law Firm of Timothy D. McGonigle was established in 1986. The firm has come to be recognized as one of the most respected plaintiffs’ professional malpractice and business litigation firms in the state. To schedule a meeting with an attorney, please call 1-800-713-5260!  #mcgoniglelaw #timothymcgonigle #law #lawyer #court #employment #malpractice #lawfirm #wronfgultermination #legalmalpractice #california #fraud #businessowner #businessfraud #personalinjury #attorney #legal #clientappreciation #gratitude #californialawyer #careerdevelopment #employmentlawyer #layoffs #2023layoffs #legalnews #triallawyer

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In today's #FMG blog, Thomas Livingston discusses the amended California Code of Civil Procedure Section 2016.090 (SB 235). Learn more on how it affects initial disclosure and sanction requirements related to discovery abuse in the link below. #FMGLaw #TortandCatastrophicLoss #CivilProcedure #California https://lnkd.in/ekJvY_sq

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New Legal Insights: Godoy v. Linzner Case Update ⚖️ An appellate court in Godoy v. Linzner reaffirmed that unreasonable restraints on alienation violate California Civil Code section 711, invalidating trust provisions limiting beneficiaries to sell family property only to each other at below-market prices. Dive into the full analysis here: https://bit.ly/3Z24SIr #RealProperty #TrustsAndEstates #LegalUpdate #CaliforniaLaw

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