BPH Member, Eric Miersma, Featured in CLM Magazine
BPH Member, Eric Miersma, was recently interviewed for an article in CLM Magazine. The article, CLM Leading Out Loud | Transportation, covered a broad range of topics, including the dangers nuclear verdicts hold for the transportation industry, how COVID-19 is affecting claims and litigation, and strategies for effective post-crash investigations, among others. You can click
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“Rounding” Out The Law On California Meal Period Compliance
On February 25, 2021, a unanimous California Supreme Court in Donohue v. AMN Services, LLC created new potential pitfalls for employers who round employee meal break time entries. Notably, the Court held that: (1) employers may not round meal period punch times, and (2) time records reflecting potentially noncompliant meal periods raise a rebuttable presumption
Read MoreThe Amazon Effect: When Plaintiffs Sue More Than Just the Motor Carrier
Originally published in the December 2020 edition of DRI’s For The Defense: The term “Amazon Effect” was coined to describe the impact of a departure from traditional business models in exchange for a new, diverse, and multi-faceted approach. In the context of consumer goods, it describes the shift from shopping at brick-and-mortar stores to shopping
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Madeleine Nadeau Joins Balestreri Potocki & Holmes
BPH is pleased to announce that attorney Madeleine Nadeau has joined the firm as an associate after serving as a law clerk for the firm. Madeleine’s diverse background in both transactional matters and litigation enables her to excel in the areas of business law, construction law, intellectual property law, and public contracting. Prior to joining
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New License Classification, Same Potential Pitfalls
California Creates a New B-2 Classification for Residential Remodeling Contractor Effective January 1, 2021, recent California legislation created a new contractor licensing classification splitting the Class B license into a B-1 classification, which is consistent with the old B License, and creating a new B-2 classification for residential remodeling activities. The California Contractors State License
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Are You Adequately Protected From Employment Claims By Your Temporary Workers?
Workers in California benefit from some of the most stringent employment laws in the country. They receive a wide variety of valuable protections, including minimum wages and overtime pay, meal and rest periods, and laws prohibiting retaliation, discrimination, and harassment. In recent years, to increase the number of workers protected by these laws, Governor Gavin
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Are You Paying Your Commissioned Employees Correctly?
Are You Paying Your Commissioned Employees Correctly? California’s wage and hour laws are complex. One particular area of complexity is properly compensating your commissioned employees. Paying employees based solely on commissions is still popular in commercial or retail sales positions. However, employers routinely make mistakes in tracking and paying their employees in this manner. Below
Read MoreProspective Additional Insureds May Be Obligated to Arbitrate Coverage Disputes
The Court of Appeal closed out 2019 by ruling that an additional insured can be bound to the arbitration clause in a policy when a coverage dispute arises between that additional insured and the carrier. (Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc. (2019) 44 Cal. App. 5th 834, 837.) In 2009, Future Farmers of
Read MoreInformal Agreements on Use of Artwork in Beer Labeling Can Lead to Formal Lawsuits
In any crowded market, retailers and manufacturers rely on eye-catching labels and clever product names to separate from the masses. This is certainly true in the craft beer world. But when companies seek outside artists or designers to assist in the creation of the one-of-a-kind labels, formalities of contract, licenses, and ownership sometimes fall by
Read MoreMontrose Again: California Adopts Vertical Exhaustion Theory of Access to Upper Level Excess Insurance Policies
In the latest iteration of the Montrose Chemical v. Superior Court[1] litigation, the California Supreme Court unanimously adopted the “vertical exhaustion” rule allowing policyholders to tap excess policies after having exhausted the underlying excess policies with lower attachment points in the same policy period. Notably, the case did not determine whether the horizontal exhaustion or
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