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Analysis

Analysis

California Insurance Broker Did Not Have To Advise Life Insurance Beneficiary How To Protect Her Interest

Steven A. Meyerowitz, Esq., Director, FC&S Legal | May 22, 2018

The Second District Court of Appeal ruled there was “no legal basis” to find an insurance broker liable for failing to advise a beneficiary of a life insurance policy how to protect her interest under the policy.

Analysis

Debunking the Consolidation Myth

Hugh A. Simons and Nicholas Bruch | May 22, 2018

If you thought law firms have been consolidating through merger, think again.

Analysis

Will Law Firms Be Ready When the Next Recession Hits?

Dan Packel | May 22, 2018

The bottom is eventually going to drop on the U.S. economy, and many law firms won't be positioned to handle the fallout.

Analysis

Hourly Rate Gap Widens as Top Billers at Biggest Firms Leave Others Behind

Ryan Lovelace | May 17, 2018

It's easy to be impressed by individual partner rates approaching $2,000 an hour, but the widening gap between whole categories of law firms may mean more for the industry's future.

Analysis

Report Finds Demand Up as Southern California Leads in Q1 Revenue Growth

Xiumei Dong | May 16, 2018

Law firms in Southern California reported the highest revenue and demand during the first quarter of 2018, according to a recent analysis by Citi Private Bank's Law Firm Group.

Analysis

Lawsuit Against Ripple Labs Is Not Your Typical ICO Case

Ben Hancock | May 08, 2018

The case involves the third-largest cryptocurrency in the world, and could delve into questions of how a digital asset's decentralization (or lack thereof) impacts its legal status.

Analysis

Facebook's GDPR Challenge and the Conundrum of Consent

Ian Lopez | May 04, 2018

The EU’s General Data Protection Regulation goes against the business models of Facebook and many other internet companies, say some compliance experts.

Analysis

Ex-Pro Football Player Received Workers’ Comp Benefits. After Appearing On Survivor, He May Have To Give Them Back.

Steven A. Meyerowitz, Esq., Director, FC&S Legal | May 03, 2018

The Ninth Circuit found that an insurer could proceed with its lawsuit to claw back its $175,000 workers comp payout to Brad Culpepper, a former member of the Chicago Bears.

Analysis

3 Ways the GDPR Will Change How Legal Professionals Work

Ben Hancock | May 02, 2018

Experts share their insights on how the massive EU privacy law not only changes the landscape for companies, but affects their approach to practicing law and e-discovery.

Analysis

Self-Storage Company’s “Protection Plan” Was Not Insurance Subject to State Insurance Code, California Supreme Court Rules

Steven A. Meyerowitz, Esq., Director, FC&S Legal | April 24, 2018

The Supreme Court of California ruled that the self-storage company’s indemnity agreement was not subject to regulation as insurance under the California Insurance Code.

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Analysis

Exclusion Did Not Bar Insurance Coverage For Chatsworth Train Collision, California Appellate Court Affirms

Steven A. Meyerowitz, Esq., Director, FC&S Legal | April 23, 2018

A California appellate court found that an “intended or expected” insurance policy exclusion didn't bar coverage for damages in a fatal 2008 head-on collision between a Metrolink commuter train and a Union Pacific freight train in Los Angeles.

Analysis

Higher Law: Your 4/20 Update on Cannabis as a Practice

Cheryl Miller | April 20, 2018

What do President Trump's statements on marijuana might mean for state-legalization efforts? Plus, California is trying—again—to find a banking solution for cannabis businesses and a marijuana law boutique expands to meet demand.

Analysis

Litigation Privilege Does Not Apply In Insurance Bad Faith Case, California Court Says

Steven A. Meyerowitz, Esq., Director, FC&S Legal | April 20, 2018

A federal judge in San Diego rejected an insurer’s efforts to strike significant portions of a bad faith lawsuit based on the litigation privilege.

Analysis

Crypto Industry Sweep: ICOs Under Increasing Scrutiny by U.S. Regulators

Benjamin Klein, Deborah Meshulam and Jason Chang | April 17, 2018

Regulators are now taking a more active role in investigating not just ICOs but also the companies developing funds or other investment vehicles focused on cryptocurrencies or ICOs.

Analysis

Employees' Suit Against Analyst Behind Infamous 'Jacobs Letter' Raises New Issues for Uber

Stephanie Forshee | April 17, 2018

Though Uber is not a named defendant in the complaint, experts said the company will still have plenty of work on its hands in dealing with a defamation suit recently filed against former Uber security analyst Richard Jacobs.

Analysis

California Continues To Broaden “Professional Services” Exclusion In Insurance Policies

Steven A. Meyerowitz, Esq., Director, FC&S Legal | April 17, 2018

In a case involving a break-in at a San Francisco car dealership, a federal court found that the "professional services" exclusion in Bay One Security's commercial general liability insurance policy applied.

Analysis

Does Cyberinsurance Cover Phishing Scams? Ask Your Local Federal Court

Rhys Dipshan | April 16, 2018

Federal courts are split on whether computer fraud provisions in cyberinsurance policies cover the actions of employees tricked into sending funds to cybercriminals. The Ninth Circuit is among the courts that have ruled that computer fraud policies don't cover those situations.

Analysis

The Law Firm Disrupted: The Most Bedeviling Aspect of Law Firm Change

Roy Strom | April 12, 2018

What the fast greens of the nation's most historic golf course can teach us about the pace of legal industry change.

Analysis

Ninth Circuit Ruling on Salary History Fuels Renewed Focus on Gender Pay Gap

Erin Mulvaney | April 12, 2018

“Plaintiffs lawyers are taking notice,” a Seyfarth Shaw partner says. “Given the prominence of the #MeToo movement, this will certainly continue and increase risk for employers.”

Analysis

Facebook Collected Users' Text and Calls Logs. Will the FTC Act?

Rhys Dipshan | April 12, 2018

On Android mobile operating systems, Facebook could bundle its permissions requests, leaving users in the dark about exactly what data the mobile app was collecting.

Analysis

Why Becerra and Other State AGs Are Panning Proposed Federal Breach Notification Law

Rhys Dipshan | April 04, 2018

States worry the Data Acquisition and Technology Accountability and Security Act would restrict their ability to go after enterprises that keep breaches hidden.

Analysis

Judge's Decryption Order Could Shift the Fifth Amendment Landscape

Ben Hancock | March 28, 2018

In the first such decision in the Ninth Circuit, a federal magistrate judge ruled that a criminal defendant could be compelled to unlock encrypted data because prosecutors could show that he knew the passwords.

Analysis

Inside the CLOUD Act: Parsing the Privacy Implications

Rhys Dipshan | March 28, 2018

One of biggest tech law change in decades, the CLOUD Act has been praised by the largest U.S. tech companies, but panned by privacy and civil rights groups.

Analysis

Skilled in the Art: Groundhog Day for Google at Federal Circuit

Scott Graham | March 27, 2018

Will there be a third trial in Oracle v. Google? Or a Supreme Court showdown? And what's the Federal Circuit doing in the middle of a copyright case, anyway?

Analysis

Law Firms Are Investing in Tech Before It Overtakes Them

Rhys Dipshan | Roy Strom | March 26, 2018

The definition of a law firm is shifting as firms invest in technology to stave off competitors and give clients what they want.

Analysis

Search Begins for Latham's Next Leader

Scott Flaherty | March 22, 2018

As Latham & Watkins grapples with the sudden departure of its chairman amid misconduct allegations, who could be next to take the helm?

Analysis

Ninth Circuit Finds Credit Card Surcharge Ban Violates First Amendment

Justin E. McGuirk | March 22, 2018

Consumers, regulators and credit card companies will be increasingly mindful of whether and how retailers apply surcharges. Retailers should likewise be mindful.

Analysis

Geico May Be Liable For Staff Counsel’s Actions In Defending Insureds, California Court Says

Steven A. Meyerowitz, Esq., Director, FC&S Legal | March 22, 2018

A federal judge in California refused to dismiss a lawsuit seeking to hold Geico liable for its staff counsel’s allegedly inadequate defense of insureds in litigation arising from an auto accident.

Analysis

Berkeley Law Returns to the U.S. News' Top 10, Pepperdine Gets Shut Out

Karen Sloan | March 20, 2018

The closely watched law school rankings offer few surprises this year, save for a decision to temporarily delist Pepperdine University School of Law for an data reporting mistake.

Analysis

'Deepfake' Video Editing Tools Animate Fake News. Are They Legal?

Rhys Dipshan | March 16, 2018

The use of new editing tools that superimposes human faces onto videos can run afoul of a host of U.S. laws, depending on how the tools are used.

Analysis

The US Senate Is on Track to Pass the Section 230 Bill. Here's What You Need to Know.

Ben Hancock | March 13, 2018

The legislation alternately known as SESTA and FOSTA has gone through multiple iterations. Depending on who you talk to, the latest version is either a welcome compromise or the "worst of both worlds" for internet companies.

Analysis News

Life in the (Regulated) Fast Lane: Companies Must Navigate Global Privacy Rules on Self-Driving Cars

Caroline Spiezio | March 12, 2018

The race is on to develop the best technology for autonomous vehicles, but there are also drives to increase regulation around the data these cars and trucks collect, a situation that poses challenges for in-house counsel.

Analysis

Accessibility Cases Highlight Pressure Points for Sharing Economy Companies

Caroline Spiezio | March 09, 2018

A lawsuit filed by Bay Area advocacy group this week against Uber Technologies Inc. highlights the accessibility issues facing sharing economy companies.

Analysis

Collector Spent $18 Million On Counterfeit Vintage Wine. His Insurance Policy Didn’t Cover The Fraud.

Steven A. Meyerowitz, Esq., Director, FC&S Legal | March 08, 2018

The Fourth District Court of Appeal has ruled that a vintage wine collector’s insurer didn't have to cover the loss suffered when he purchased close to $18 million in counterfeit wine.

Expert Opinion Analysis

Outdated Partner Comp Plans Are an Obstacle to Growth

Timothy B. Corcoran | March 07, 2018

The old models of partner compensation are increasingly keeping firms from the client-focused culture needed to succeed today.

Analysis

Who's That in the Sky? FAA Poised to Move Forward With Drone ID Rule

Ben Hancock | March 05, 2018

A rule requiring drone identification technology could help pave the way for other, more permissive regulations. But it's up in the air how the FAA will handle legal restrictions on regulating hobbyists and privacy challenges.

Analysis

The Death of the Law Firm Partnership Vote?

Gina Passarella Cipriani | February 27, 2018

With an eye on efficiency, firms are ditching old methods for a more corporate form of governance.

Analysis Commentary

Women Take a Pass on the Big Law Brass Ring

Vivia Chen | February 27, 2018

High-performing women lawyers are finding partnership isn't always for them.

Analysis

After a Second Google Suit, Time to Re-Examine Policies Around Internal Forums?

Caroline Spiezio | February 26, 2018

The follow up to James Damore's suit against Google may prompt legal departments to take a close look at how they deal with speech on internal company message boards.

Analysis

Company Settled Claims and Then Asked Its Insurer to Pay. Ninth Circuit Confirms It Violated Its Insurance Policy

Steven A. Meyerowitz | February 14, 2018

The Ninth Circuit found that an insurance policy’s no-voluntary payment provision barred coverage for a settlement the insured had reached with its customer.

Analysis

Taxing Questions for Law Firms Looking to Benefit in the New Regime

Meredith Hobbs | February 09, 2018

Like every other business, law firms are trying to find ways to take advantage of the new tax law.

Analysis

Foreign Discovery Hurdles in California Courts

Frank Busch | February 06, 2018

Foreign discovery in state court litigation is never easy. Depositions of non-party witnesses in other states can require a commission in another state. Depositions of non-party witnesses in other countries can require adherence to international discovery law.

Analysis

What I'm Learning About AI and the Law From #Legalweek18

Ben Hancock | January 31, 2018

It's the defining buzzword of this year's conference, but the legal profession is still parsing what it means and how it will affect what lawyers do. Here are three takeaways.

Analysis

The Top 5 Strategies Behind Law Firms' Lateral Hiring-And Whether They Work

Roy Strom and Christine Simmons | January 28, 2018

Lateral hiring is a reality of today's legal market, even if it is fraught with risks. In the cover story for our February Laterals Report package, we look at five strategies to limit the downside, and how they've played out for firms that deploy them.

Analysis

The 200-Partner Tour: California Firms Reduce Lateral Risk The Old-Fashioned Way

Scott Flaherty | January 28, 2018

While many in the industry are seeking a "Moneyball" approach to lateral hiring, Sheppard Mullin and Munger Tolles rely on intensive face-to-face meetings to mitigate the risk of bringing on new partners.

Analysis

What the Legal Industry Can Learn From SpaceX's Success

Roy Strom | January 26, 2018

Elon Musk's Space Exploration Technologies drastically altered the economics of rocket science. Can a similar approach be used to cut costs in the legal industry?

Analysis

Musk's New Pay Plan Has Compensation Experts Abuzz

Caroline Spiezio | January 25, 2018

Compensation experts say Elon Musk's new all-or-nothing pay plan will be hard to replicate at any company besides Tesla—but that doesn't mean others won't try.

Analysis

Google's 'Art Selfie' Move Highlights Escalating Legal Battle Over Biometrics

Ben Hancock | January 24, 2018

The tech giant tried to play it safe by disabling a feature that analyzes face geometry in Illinois and Texas. But a series of legal battles over biometric data privacy laws is just heating up.

Analysis

DOJ Memo Urges Government Lawyers to Dismiss 'Meritless' FCA Cases

Cogan Schneier | January 24, 2018

One lawyer who represents qui tam relators said the memo represents a major "sea change" in how the agency handles FCA cases.

Analysis

True or False: What to Believe About AI

Darby Green, Bloomberg Law | January 24, 2018

Much still remains unknown or misunderstood about artificial intelligence in the legal field, which has led to fears and myths that are largely unwarranted.

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