Blog

Recent Blog Posts

  • COVID-19 Exposure and GL Coverage: Issues for Personal Injury Claims Though much of the conversation regarding insurance coverage for COVID-19-related losses has focused on the potential for business interruption-type coverage (see prior discussion here), insureds should not overlook the potential that COVID risks trigger other types of coverage. For example, as previously discussed here, some insureds may seek coverage under D&O policies should they face securities and derivative-type claims. In addition to the forms of coverage we’ve previously blogged about, businesses who have continued operations during the pandemic as well as... More
  • California Supreme Court Ruling Clarifies That the Notice-Prejudice Rule Is a Fundamental Public Policy That May Override Choice of Law Provisions In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule[1] is a fundamental public policy of California, and (2) it concluded that the notice-prejudice rule applies to consent provisions, but only in first-party policies. This decision provides three primary lessons to insureds. First, when a first-party insurer cites a strict notice provision as a complete bar to coverage, a California policyholder should respond by citing... More
  • Claims-Made Policy Note: Policy’s Use of Defined Terms May Expand or Limit Coverage Under Related Acts Provision In an unpublished decision, the Ninth Circuit affirmed the Central District of California’s interpretation of the related acts provision in a professional liability policy, holding that related acts reported in a prior policy period were not excluded from coverage in a subsequent period because that policy defined “Policy Period” to mean only the current policy period, not any policy period. Attorneys Insurance Mutual Risk Retention Group, Inc. v. Liberty Surplus Ins. Co., No. 17-55597 (9th Cir., Feb. 15, 2019). As... More
  • CGL Coverage for False Advertising and Intellectual Property Claims: Sometimes It’s There, but You Need to Know Where to Look for it A recent case in the Northern District of California offers two cautionary tales to policyholders. First, when buying insurance, companies should understand their risks and ensure that the policies they’re buying match those risks as closely as possible. Second, when a claim arises, policyholders must carefully consider all the allegations, not just the formal causes of action, in the complaint to determine whether they might trigger an insurer’s defense obligation. The Case  In Educational Impact v. Travelers Property Casualty Company, No. 15-CV-0510-EMC,... More
  • California Supreme Court Concludes Attorney Invoices Privileged During Ongoing Litigation Attorney invoices may be protected in their entirety by the attorney-client privilege during ongoing litigation. After litigation has concluded, however, those same invoices may be discoverable. So concludes the California Supreme Court in a fascinating ending to a case we have been following since last June of last year, County of Los Angeles Board of Supervisors v. Superior Court (opinion). In a 4-3 decision that mirrored the split we observed in oral argument, the Court reversed the decision of the... More
  • California Supreme Court Leans in Favor of Treating Defense Bills as Privileged Communications On October 6, the California Supreme Court heard oral argument in Los Angeles Board of Supervisors v. Superior Court, a case that we have blogged about twice in the past because of its possible impact on policyholders (see posts Submitting Your Defense Bills to Insurers Could Mean Waiving Privilege and California Supreme Court Will Review Appellate Decision Holding That Attorney Bills Are Privileged). On appeal, the Court will decide whether to affirm the California Court of Appeal’s decision that legal invoices... More

Firm Highlights

Publication

Turmoil in the SPAC Market: What Private Tech Companies Should Consider Before Going Public Via a SPAC

In the spring of 2021, one of the hottest markets—the market for special purpose acquisition companies, or SPACs—has “screeched to a halt,” according to CNN . As the SPAC market grew red hot in...

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Event

Returning to the Office: Legal and Practical Considerations for Keeping Your Team Safe

Join Ashley Breakfield (moderator) with panelists Holly Sutton and Tom Cashin from Shorenstein, in the discussion on “Returning to the Office: Legal and Practical Considerations for Keeping Your Team Safe.”  COVID-19 shelter-in-place mandates caused employers to...

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Publication

California Cannabis Appellation Program

The specific location of a product’s origin is more important with some products than others.  Wine is the classic example, as the dirt and surrounding climate in which grapes are grown can have a...

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Event

Management Anti-Harassment Training for Exempt Organization Professionals

California employment law requires employers in every industry, including  exempt organizations to create a workplace safe from harassment, discrimination, bullying, and sexual predation. The responsibility for this mandatory training falls on employers, and when...

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Publication

Employment Law Issues to Consider Before Including Work Made for Hire Clauses in Contractor Agreements

For most employers, it is important to own the intellectual property rights in written and/or graphic work commissioned from independent contractors.  But including a Work Made for Hire Clause (“WMFH Clause”) in an independent...

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Event

New Statewide Winery Order: What Wineries Need to Know

Join Buzz Hines and John Ugai, along with guest speakers, Timothy Simpson and Mehran Ebrahimi from GSI Environment Inc, in the discussion on "New Statewide Winery Order: What Wineries Need to Know." The new...

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Publication

Complying With the TCPA After the Facebook Supreme Court Decision

Many cannabis dispensaries rely heavily on text messaging marketing programs to reach their customers and to create loyalty in an increasingly competitive market. While text messaging programs may be an effective marketing tool, they...

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News

California Cannabis Businesses Face Costly Peril With Marketing Robocalls, Attorney Says

Cynthia Castillo spoke at the 2021 North Coast Cannabis Conference underwritten by Farella Braun + Martel and presented by the North Bay Business Journal. Cynthia spoke on trends in Telephone Consumer Protection Act (TCPA...

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News

Farella Represents Catalyze in Its Acquisition of PermaCity

Northern California legal powerhouse Farella Braun + Martel represented leading national independent power producer Catalyze  as due diligence counsel in its acquisition of solar developer and installer  PermaCity . Based in Boulder, Colorado, Catalyze...

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News

Farella Braun + Martel Named Among 2021 Best Places to Work: #1 Among Large Companies

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