Publications

Publications

Articles

  • “Welcome to the Cafeteria of Jankey v. Lee
    Daily Journal - 12/27/12
    By Kim KarelisGerald G. Knapton

    Attorneys Gerald Knapton and Kim Karelis published the article “Welcome to the Cafeteria of Jankey v. Lee” in the Daily Journal. In the article, Knapton and Karelis discuss Jankey v. Lee, a case in which the Supreme Court of California concluded that an award of fees to the “prevailing party” under California state law on disability access suits is not preempted by the federal Americans with Disabilities Act (ADA) because at least part of state law provides greater protection than does the ADA.

  • Is Prop 65 Bad for Business?
    The Recorder - 11/16/2012

    Attorney Thomas H. Clarke, Jr. published the article “Is Prop 65 Bad for Business?” in The Recorder. In the article, Clarke argues that Proposition 65, which regulates chemicals in consumer products in California, imposes uncertainty on businesses and may result in negative business outcomes due to vagueness in the regulation about when a chemical exposure has occurred that triggers its warning requirements. Clarke concludes that the “development of a methodology for assessing exposure” is needed in order to address both substantive due process and police powers concerns about Proposition 65.

  • Protecting your Company: Professional Liability Case Studies Top Professional Liability Lawyers Share What They Know Best
    ExecSense - 10/25/12
    By Scott W. Bermack

    For clients, depositions in professional liability cases can be an intimidating proposition. This chapter provides a framework for understanding the deposition process and ensuring that the deponent's confidence is maximized.

  • eDiscovery Driving Litigation Costs
    the Daily Journal - 10/18/12
    By Lael D. Andara

     Partner Lael Andara published the article “eDiscovery driving litigation costs” in the Daily Journal. In the piece, Andara details the extent to which litigators must not only be familiar with technology, but also take a hands on approach to data preservation and collection.

  • For the Love of a Family Pet
    The Recorder - 10/18/12
    By Gerald G. Knapton

    Partners Gerald Knapton and Saundra Wootton published the article “For the Love of a Family Pet” in The Recorder. In the article, Knapton and Wootton detail two recent California appellate court opinions that affirmed damage awards for the death or injury of a pet that far exceeded the actual monetary value of the pet. The opinions, Knapton and Wootton argue, “represent significant developments for California pet owners” as California common law has historically determined damage awards in these cases by using a strict calculation of the pet’s monetary value.

  • State High Court to Review Fee Award in Disability Access Suit
    The Daily Journal - 10/17/12
    By Kim KarelisGerald G. Knapton

     Attorneys Gerald Knapton and Kim Karelis published the article “State High Court to Review Fee Award in Disability Access Suit” in the Daily Journal. In the article, Knapton and Karelis discuss Jankey v. Lee, a case slated for review by the Supreme Court of California in which the court will consider whether an award of fees to a prevailing defendant under the California Disabled Persons Act is inconsistent with, and therefore preempted by, the federal Americans with Disabilities Act.

  • Insurance Assurance
    Smart Business Magazine - 9/2/2012
    By Dean A. Pappas

    How to ensure you are properly protected when building your insurance program

  • Warning: Some Cost Shifting May Occur
    California Lawyer (A Daily Journal Publication) - September 2012
    By Gerald G. Knapton
  • Preparing for the Pre-Trial Deposition
    ExecSense - 8/21/12
    By Scott W. Bermack

    It goes without saying that the professional accused of malpractice is almost always far more comfortable in his or her own industry than in the Byzantine world of litigation. These defendants take professional liability claims quite personally, often assuming a negative outcome will adversely effect their reputation and continued employability. 

  • Task Force on Disaster Preparedness and Response: A Stellar Inaugural Year
    The Brief, Volume 41, Number 4, Summer 2012 - 8/1/2012
    By Kathleen Strickland

    Partner Kathleen Strickland authored an article for the ABA The Brief publication outlining the first year of The Disaster Preparedness and Response Task Force.

    The article can be found at the link below.

  • The Flaws of Prop. 65 Litigation
    The Recorder - 5/30/2012

    Environmental Practice Group Chair and Partner Thomas H. Clarke, Jr. authored an article exploring the technical problems presented by Proposition 65 product testing – an undertaking that aims to determine whether consumers have been exposed to an unhealthy amount of a listed chemical. In the article, titled “The Flaws of Prop. 65 Litigation,” Clarke describes and calls for a major reevaluation of a deeply flawed litigation process that fails to accurately reflect the level of exposure individuals are subject to in practice.

  • Legislative History Says No Fee-Shifting in Meal and Rest Break Litigation
    The Daily Journal - 5/16/2012
    By Kim KarelisGerald G. Knapton

    Partners Gerald Knapton and Kim Karelis co-authored an article examining the recent California Supreme Court ruling in Kirby v. Immoos Fire Protection. Titled “Legislative History Says No Fee-Shifting in Meal and Rest Break Litigation.” Knapton and Karelis discuss the implications of the state Supreme Court ruling that reverses a prior Court of Appeal decision granting attorney’s fees to a defendant lawyer, holding instead that prevailing parties in rest break actions may not recover attorney’s fees.

  • The Three-Way Mirror Multiple Views On Early Investigation
    Litigation Management Magazine - 3/2/12
    By Scott W. Bermack

    A unique look at investigation of claims and incidents from three perspectives — the litigation manager, the expert and the defense counsel (pg. 48-50).

  • State Justices to Rule on Labor Code Fee-Shifting Provisions
    Los Angeles Daily Journal - February 17, 2012
    By Kim KarelisGerald G. Knapton

    Partners Gerald Knapton and Kim Karelis co-authored an article, “State Justices to Rule on Labor Code Fee-Shifting Provisions,” discussing the policy reasons behind differing statutory fee-shifting provisions set forth under Labor Code Section 1194. Knapton and Karelis explore the current split of authority in the Court of Appeal regarding whether, in “mixed” actions in which an employee sues his or her employer for non-payment of minimum wage or overtime compensation and non-payment of other wages, fringe benefits, or health and welfare or pension fund contributions, the employer may be awarded its attorney’s fees under Labor Code § 218.

  • Under Cover
    Best's Review - 2/2012
    By Dean A. Pappas

    Environmental Practice Group Chair and Partner Thomas H. Clarke, Jr. co-authored an article with Partner Dean Pappas discussing the insurance implications and business opportunities of hydrofracturing – more commonly referred to as “fracking,” the controversial oil and gas practices that has been making waves in the media as of late. Titled “Under Cover,” the article examines the widely held belief within the legal community that fracking will be the next big litigation bonanza and could lead to claims for coverage made against property and casualty insurers.

  • Be Prepared for When Disaster Strikes
    KCBA Bar Bulletin, Volume 30, Issue 5 - January 26, 2012
    By Kathleen Strickland

    Partner Kathleen Strickland authored an article in the KCBA Bar Bulletin about the steps a company should take to insure that they are prepared for a natural disaster. Read the full article at the link below.

  • Interview with Kenneth Feinberg
    ABA TIPS Disaster Preparedness and Response Task Force Blog - January 9, 2012
    By Kathleen Strickland

    Partner Kathleen Strickland is the ABA Task Force Chair and a contributor to their blog. Read her most recent posting at the link below.

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