Lucas Grunbaum

New Law Update: SB 940 - ADR Certification and Changes to California Arbitration Law 📅 Monday, December 16, 5:30 pm - 6:30 pm Pacific via ZOOM This program covers: - California’s new certification process for mediators, arbitrators, and ADR providers under SB 940 - Significant revisions to arbitration law, including new disclosure obligations and updates for consumer arbitration - Practical impacts of SB 940 on ADR practices and litigation strategies - Insights into the controversies and legislative intent behind the law 📝 Register here: https://conta.cc/4eBUq0e #CaliforniaLaw #ADR #Mediation #Arbitration #CLE

27

4 Comments

Covington & Burling LLP is among the counsel for groups petitioning the California Supreme Court to address the state's court reporter shortage by mandating the use of electronic recording when court reporters are unavailable. https://lnkd.in/e6sMfmgX

4

3 Comments

Covington & Burling LLP is among the counsel for groups petitioning the California Supreme Court to address the state's court reporter shortage by mandating the use of electronic recording when court reporters are unavailable. https://lnkd.in/e6sMfmgX

4

2 Comments

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

11

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

9

📢 CalArb has recently launched its FAQs related to international arbitration in California! In a series of posts over the coming days, we will be featuring answers here to some of the questions posed on the website. All of the FAQs can be found here: https://calarb.org/faqs/ 𝗔ʀᴇ 𝗖ᴀʟɪꜰᴏʀɴɪᴀ ᴄᴏᴜʀᴛꜱ ꜰʀɪᴇɴᴅʟʏ ᴛᴏ ɪɴᴛᴇʀɴᴀᴛɪᴏɴᴀʟ ᴀʀʙɪᴛʀᴀᴛɪᴏɴ ❓ 𝗪ɪʟʟ ᴛʜᴇʏ ᴇɴꜰᴏʀᴄᴇ ᴀʀʙɪᴛʀᴀᴛɪᴏɴ ᴀɢʀᴇᴇᴍᴇɴᴛꜱ ᴀɴᴅ ᴀᴡᴀʀᴅꜱ ❓ 💡 𝗬𝗲𝘀, California courts are friendly to international arbitration. Both federal and state courts in California apply a strong policy of enforcement of arbitration agreements and arbitral awards.  Courts, both federal and state, follow the law with respect both to the validity of arbitration agreements and the exceedingly narrow grounds upon which arbitral awards can be vacated. The U.S. Supreme Court and the Ninth Circuit Court of Appeals (the federal appeals court covering California), as well as California state courts, have consistently upheld the finality and enforceability of international arbitration awards, construing the limited grounds for vacatur (found in Section 10 of the Federal Arbitration Act) narrowly, consistent with modern international practice. The grounds for challenging foreign arbitration awards in the United States are set out in the governing treaties, i.e., Article V(1) of the New York Convention and Article 5.1 of the Panama Convention. Federal judges are more likely to preside over international cases, including the enforcement of awards, and any international arbitration case is likely to be subject to removal to federal court (absent explicit waiver) under Section 206 of the FAA. Although California courts are protective of employee and consumer rights, they have a robust record of enforcing international arbitration awards. Further, the FAA preempts any state law that might interfere with an arbitration required by a contract evidencing a transaction involving interstate or international commerce. And cases involving international arbitration are subject to removal to a federal court.

13

📢 CalArb has recently launched its FAQs related to international arbitration in California! In a series of posts over the coming days, we will be featuring answers here to some of the questions posed on the website. All of the FAQs can be found here: https://calarb.org/faqs/ ❓ 𝙄𝙨 𝙖𝙧𝙗𝙞𝙩𝙧𝙖𝙩𝙞𝙤𝙣 𝙞𝙣 𝘾𝙖𝙡𝙞𝙛𝙤𝙧𝙣𝙞𝙖 𝙪𝙣𝙙𝙚𝙧 𝙩𝙝𝙚 𝙟𝙪𝙧𝙞𝙨𝙙𝙞𝙘𝙩𝙞𝙤𝙣 𝙤𝙛 𝙩𝙝𝙚 𝙐.𝙎. 𝙛𝙚𝙙𝙚𝙧𝙖𝙡 𝙘𝙤𝙪𝙧𝙩𝙨 𝙤𝙧 𝙩𝙝𝙚 𝘾𝙖𝙡𝙞𝙛𝙤𝙧𝙣𝙞𝙖 𝙨𝙩𝙖𝙩𝙚 𝙘𝙤𝙪𝙧𝙩𝙨 ❓ International arbitrations seated in California will be subject to the jurisdiction of the U.S. federal courts. Chapter Two of the FAA contains a jurisdictional provision, 9 U.S.C. § 203, that provides federal district courts with subject matter jurisdiction over actions or proceedings falling under the New York Convention. The Ninth Circuit Court of Appeals (the federal appeals court covering California) has explained that if the underlying arbitration agreement or award falls under the Convention and the action or proceeding relates to that agreement or award, then a federal district court has subject matter jurisdiction over the action or proceeding. FAA Chapter 3, 9 U.S.C. § 302 expressly incorporates the jurisdictional grant in 9 U.S.C. § 203 and applies it to actions and proceedings falling under the Panama Convention. Federal courts therefore have subject matter jurisdiction under both Conventions to enforce international arbitration agreements and to recognize and enforce international arbitration awards. If an action is initiated in state court that relates to an arbitration agreement or award falling under either Convention, it may be removed to federal court under the broad removal provisions of FAA Chapter 2 or 3, as applicable.

4

A recent Bloomberg Law article highlights a notable trend: Major law firms are scaling back their California hiring efforts as profitability pressures rise. While the Golden State has long been a key legal market, firms are now taking a more selective approach, focusing on roles that align with strategic growth and high-value practice areas. At OpusLex Partners, we’re keeping a close eye on these market shifts to ensure our clients and candidates stay informed and positioned for success. Whether you’re a firm refining your hiring strategy or a legal professional navigating new opportunities, understanding these trends is crucial. Read more to see how this evolving landscape could impact your next move. https://lnkd.in/eTVpnhx2

4

For employers, curtailment of the Private Attorneys General Act (PAGA) may bring relief. Attorney Kevin Sullivan discusses what has changed and what's next, in an article by Zane Hill for the Los Angeles Business Journal. [Excerpt and links.] #WageandHour #EmploymentLaw #HumanResources

6

☄️ Legal Update: Ninth Circuit Strikes Mass Arbitration Clause Ban ☄️ The Ninth Circuit recently made waves by invalidating California's ban on mass arbitration contract provisions. This ruling has significant implications for employers and employees alike, reshaping how arbitration agreements are viewed and enforced. Advocates argue it’s a win for contractual freedom, while critics warn it may limit workers' rights. What do you think? Does this ruling strike the right balance between employer and employee interests, or does it tip the scales too far in one direction? #LegalNews #Arbitration #EmploymentLaw #NinthCircuit #HRInsights https://lnkd.in/etBEYKAk

3

CDF Partner Sander van der Heide recently authored the article "How California Ruling Alters Worker Arbitration Agreement Enforcement" for Law360's Expert Analysis. Read the attached article to learn the key takeaways from this decision. #cdflaborlaw #arbitrationagreements #courtdecisions #caemplaws

3

1 Comment

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

5

1 Comment

Lara Shortz shared with Law360 her take on the recent Supreme Court of California decision regarding Proposition 22, which permits app-based companies to classify their drivers as independent contractors rather than employees. Lara noted that while Proposition 22 specifically targets app-based drivers, its framework might inspire similar legal carveouts for other industries and open doors for broader applications, potentially influencing independent contractor classifications in other sectors. Read Lara's insights here: https://lnkd.in/gaintuFH required) #LegalInsights #LaborLaw #Prop22 #MichelmanAndRobinson

24

1 Comment

Proposed ABS Framework in Washington Could Lead to Broader Legal Industry Shift Washington State is exploring changes that could reshape the legal industry by introducing a pilot program that allows non-lawyers and alternative business structures (ABS) to offer legal services for a limited period. The proposal, which is still under review, aims to improve accessibility and affordability, but it's stirring debate. Proponents see it as a path to modernize the field and improve access to justice. Critics, however, fear it could compromise the quality of legal services. Executive Director of the Washington State Bar Association, Terra Nevitt, pointed out that the legal industry is evolving, while regulatory approaches have largely remained unchanged for the better part of a century. With similar programs in Arizona and Utah, Washington’s decision could set the stage for significant changes in how legal services are delivered nationwide. #alternativebusinessstructure #abs #washingtonstatebarassociation

1

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

10

Happy National Paralegals Day! Swing by to say hello to Alex Lubarsky, who will present at the San Francisco Paralegal Association at 11:00 am today. Alex's session is titled "From Data to Discovery: Mastering eDiscovery Fundamentals." Remember to drop a business card in the bowl to win a gift card. We’re excited to share a few key points from our upcoming eDiscovery presentation. Here’s what you need to know: 1. Know the EDRM: Understanding the steps in the Electronic Discovery Reference Model is important. This helps us manage and protect electronic data effectively during the discovery process. 2. Be Competent: Get familiar with both the technical and legal aspects of eDiscovery. This includes knowing how to handle metadata, native formats, and ensuring we follow legal rules about data preservation and confidentiality. 3. Use Technology: Embrace advanced tools like predictive coding and AI. These technologies make reviewing documents and finding the important information we need easier and faster. We want to thank all the paralegals out there. Today, like every day, you get to wear your #superhero cape! The legal field is what it is with you! #SFPA #paralegals #eDiscovery #litigation #artificialintelligence #lawyers #legalfield Brent Gustafson Tim Morenc CEDS Donna M. Sarah Thompson, CEDS Amy McGuigan, ACP, CEDS, CAS #legaltech BlueStar

40

3 Comments