• Efforts to rein in Proposition 65 abuse have gone awry
    The Daily Journal - 4/18/2016
    By Thomas H. Clarke, Jr.

    (Originally published in the Los Angeles/San Francisco Daily Journal, April, 18, 2016. Copyright 2016 Daily Journal Corporation, reprinted with permission.)

    The lofty goal of Proposition 65 was to incentivize manufacturers, importers, distributors, wholesalers and retailers to reformulate their products so that consumers were not needlessly exposed to "listed chemicals" (the term of art used for all substances listed under the Prop. 65 process). Yet, because of its complexity and burden shifting, it was and has been prone to abuse.

  • Going on the Offensive: How Retail and Restaurant Employers Can Mitigate Risk by Implementing Mandatory Arbitration Agreements
    National Retail and Restaurant Defense Association (NRRDA) - March 2016
    By Kenneth J. Anand

    Over the past several years, there has been a growing trend of retail and restaurant businesses requiring their employees to sign mandatory arbitration agreements.  Why?  When properly drafted, mandatory arbitration agreements can drastically reduce risk by eliminating private employment actions for wage-and-hour, employment discrimination and other labor and employment claims.  Aggrieved employees who might normally pursue causes of action in court, would be required to submit their action to final and binding arbitration, provided they have explicitly agreed to do so and their agreement is enforceable.

  • How to Prove an Attorney’s Reasonable Hourly Fee
    California Lawyer - 11/17/2015
    By Gerald G. Knapton

    Partner Gerald G. Knapton authored the California Lawyer article titled, “How to Prove an Attorney’s Reasonable Hourly Fee.” The piece delves into three resources attorneys can use when evaluating rate requests: 1) the “Laffey Matrix,” offering tiered rates for lawyers, differentiated according to years of experience; 2) the “Real Rate Report,” a commercially prepared report of actual rates that have been paid by real clients; and 3) the “Legal Billing Report,” a compilation of hourly rates from bankruptcy court filings organized by case and timekeeper.

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