In what appears to be the first published California decision on the issue, the Second District Court of Appeal recently held that a carrier must defend its insured when the claim may not be covered by the primary policy and "potentially" falls within the carrier’s umbrella coverage

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.

The opportunities, obligations, and implications are numerous, and this short article touches on merely one aspect for the industry to consider.

U.S. District Court Judge James Donato, of the Northern District of California, caught the attention of criminal antitrust litigators over the last several months with his refusal to accept the guilty pleas...

On June 11, 2007, the United States Supreme Court unanimously held that Section 107(a) of CERCLA authorizes potentially responsible parties who voluntarily incur response costs to pursue recovery of those costs from other PRPs.

Talking about estate planning is hard for many people. Doing this with your children is especially difficult. On the bright side, parents who choose to be open with and include their children in the planning of their estates may avoid disputes after the parents' deaths that might otherwise tear the family apart.

The California Court of Appeal clarified the law on a public entity’s right to recover attorneys’ fees in connection with its withholding of funds from a general contractor because of a stop notice filed by a subcontractor.

On June 20, 2011, the U. S. Supreme Court issued its decision in American Electric Power Co., Inc. et al. v. Connecticut et al., 564 U.S. ____ (2011). In this closely-watched case, eight states and three land trusts sought to impose limits on greenhouse gas emissions from five major electric power companies on the grounds that those emissions were a violation of federal common law because they contributed to global warming.

On November 19, 2009, a California Court of Appeal published a decision continuing the trend against enforcement of non-competition clauses in California. In Dowell v. Biosense Webster, Inc., 09 C.D.O.S. 13991, the Second Appellate District affirmed a finding that non-compete and non-solicitation agreements not narrowly constructed only to protect trade secrets are void under California law.

A number of companies have been sued by the FTC in recent years, alleging, for example, that the company made claims regarding the product or service without adequate substantiation.

In a widely expected move, on Friday, April 17th the Environmental Protection Agency ("EPA") issued a proposed determination that Greenhouse Gases ("GHGs") contribute to air pollution to such an extent that they may endanger public health or welfare.

The California Court of Appeal recently held that the recording of a lis pendens in connection with a mechanic’s lien foreclosure action is protected by the litigation privilege and cannot support a slander of title claim, even if the underlying lien claim lacked any evidentiary merit.

A California Court of Appeals has rejected the Division of Labor Standards Enforcement's ("DLSE's") long-held policy holding employers liable for missed meal breaks regardless of employer knowledge or coercion.

In Alvarado v. Dart Container Corporation of California, the California Supreme Court clarified how a flat sum bonus – a bonus that is independent of the number of hours worked by an employee ...

Considering criminal records when making employment decisions has long been the subject of scrutiny, and will soon be governed by new California regulations.

A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and their clients.

On November 26, 2009, the California Supreme Court decided to leave intact the appellate court decision in Palmer/Sixth Street Properties v. City of Los Angeles (2009) 175 Cal.App.4th 1396.

Yesterday, the staff of the California Air Resources Board ("CARB") released a much anticipated Draft Scoping Plan for implementing the state's landmark law on reducing greenhouse gas emissions, Assembly Bill 32 (the Global Warming Solutions Act of 2006, or AB 32). CARB's Chairman, Mary D. Nichols, identified the draft as the most significant step taken to date towards "unprecedented" and "sweeping" regulation of the California economy's impact

On Monday April 13, 2009 the Governor's Office of Planning and Research ("OPR") released its proposed amendments to the California Environmental Quality Act ("CEQA") Guidelines in order to address the potential effects of Greenhouse Gas ("GHG") emissions.

Attorney invoices may be protected in their entirety by the attorney-client privilege during ongoing litigation.