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Category: Legal Updates

September 17, 2016

Suarez v. Trigg Laboratories (2016) 3 Cal.App.5th 118

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Download Publication The Second District holds claims of concealment under the guise of attorney-client privilege are protected petitioning activity under California’s Anti-SLAPP statute. Rafael Suarez consulted with Trigg Laboratories and its owner Michael Trygstad to increase company profit and growth, prepare Trigg for an eventual sale, and raise capital under an oral agreement. After Suarez […]

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August 3, 2016

Travelers Casualty Insurance Company of America v. Hirsh (9th Cir. 2016) 831 F.3d 1179

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Download Publication The Ninth Circuit holds a claims about post-settlement failure to disburse settlement funds and to report information to a carrier as mandated by California’s independent counsel statute do not involve protected petitioning activity and are not barred by the litigation privilege. Robert Hirsh was retained to represent Travelers’s insured as independent counsel. When […]

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July 11, 2016

ESG Capital Partners, LP v. Stratos, 828 F.3d 1023 (9th Cir. 2016)

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Download Publication The Ninth Circuit holds an attorney can be liable under securities laws and common law torts if he goes beyond his proper role, and actively participates in the client’s fraud. ESG Capital Partners, L.P. (“ESG”) was a group of investors formed to purchase pre-Initial Public Offering Facebook shares. Timothy Burns, ESG‘s managing agent, […]

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June 21, 2016

Butler v. LeBouef (2016) 248 Cal.App.4th 198

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Download Publication The Second District holds an attorney cannot benefit from a client’s estate plan presumed to result from undue influence. John A Patton had been a client of John F. LeBouef. Patton suffered from depression, alcohol abuse, and many health problems.  After Patton’s partner died, LeBouef befriended him.  When Patton died, LeBouef proffered an […]

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May 25, 2016

Baxter v. Bock (2016) 247 Cal.App.4th 775

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Download Publication The First District refuses to overturn an arbitration award on the grounds an arbitrator failed to make sufficient disclosures to reveal bias. The Court held there was no basis to award attorney’s fees for the work of a female attorney at a rate lower than that of a male attorney with similar credentials.  […]

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May 3, 2016

J-M Manufacturing Co. Inc., v. Phillips & Cohen LLP, (2016) 247 Cal.App.4th 87

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Download Publication The Second District holds a press release reporting a trial result is privileged under C.C. §47(d), a fair and true report of an official proceeding.  J-M, a manufacturer of PVC pipes used in underground water systems, was sued by Phillips & Cohen’s clients for false claim act violations.  J-M represented its pipes met […]

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May 2, 2016

Osborne v. Todd Farm Service 2016 WL 1756753

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Download Publication The Second District holds an attorney’s violations of pre-trial evidentiary rulings warrant a sanction of dismissal. Rebecca Osborne retained Glenn Murphy to sue Todd Farm Service and Berrington Custom Hay Stacking and Transport, Inc. (Berrington) when she was injured by a hay bale that unexpectedly gave way as she was tossing it. There […]

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April 16, 2016

DP Pham, LLC v. Cheadle (2016) 246 Cal.App.4th 653

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Download Publication The Fourth District holds a court may not conduct an in camera review of attorney-client communications once the holder of the privilege makes a prima facie showing of privilege.   Robert Obarr worked closely with his assistant, Christi Torres Galla, and was represented by Attorney Kimes in a variety of matters. Obarr sold a […]

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March 28, 2016

Radcliffe v. Hernandez (9th Cir. 2016) 818 F.3d 537

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Download Publication The Ninth Circuit holds courts need not apply conflict of interest automatic disqualification rules applicable to individual litigant cases in class actions in favor of a more flexible “balancing of interests” approach. “White Plaintiffs,” named class members, were represented by “White Counsel.”  A different set of class representatives in a related separate case, […]

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March 17, 2016

Costello v. Buckley (2016) 245 Cal.App.4th 748

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Download Publication The Fourth District holds disqualification is proper in successive representation cases even if the matters have no substantial relationship to each other where the client proves the attorney actually received confidential information in the prior representation that is or could be pertinent to the later representation. Robert Buckley represented Leslie Costello in an […]

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