Eric J. Miersma Named Member of Balestreri Potocki & Holmes
Attorney Eric J. Miersma has been named a Member of the firm. “We are pleased to welcome Eric as a member,” said Thomas Balestreri, managing shareholder of the firm. “His knowledge and legal expertise have become an invaluable asset to the firm and its clients.” A graduate of California Western School of Law, Eric has
Read MoreGregory Diktakis Joins Balestreri Potocki & Holmes
BPH is pleased to announce that attorney Gregory Diktakis has joined the firm. Gregory’s practice focuses on construction, business, insurance coverage, and real estate litigation. He has experience in construction defect law, representing general contractors and developers of commercial and residential properties, and he is well versed in pursuing additional insured recovery from various insurance
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Are You Compensating Your Employees for All Hours Worked?
California requires employers to pay non-exempt hourly employees a minimum wage for all hours worked. Hours worked include all the time during which an employee is subject to the control of an employer and/or all hours an employee is suffered or permitted to work, whether or not required to do so. At the beginning of
Read MoreMatthew Zollman Joins Balestreri Potocki & Holmes
BPH is pleased to announce that attorney Matthew L. Zollman has joined the firm. Matthew’s practice focuses on complex civil litigation with an emphasis in representing clients in the construction industry. Prior to joining the firm, Matthew was a staff attorney at a national law firm representing institutional investors in securities fraud litigation. Matthew earned
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 MoreThomas Balestreri Named 2020 Top Lawyer in San Diego
BPH is pleased to announce that Thomas Balestreri (Construction Law) has been listed in San Diego Magazine as a 2020 Top Lawyer in San Diego. Thomas has dedicated most of his 35 years in practice to the representation of developers, property owners and general contractors in litigation, negotiations and risk management. He has tried a
Read MoreBPH Lawyers Named 2020 Super Lawyers and Rising Star
BPH is proud to announce that shareholders Thomas A. Balestreri, Jr. and Joseph P. Potocki have been selected as 2020 Super Lawyers in the area of Construction Litigation and associate Robin H. Smith has been named a 2020 Rising Star in the area of Civil Litigation. Each year no more than 5 percent of the
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
Read MoreCalifornia’s New Workplace & Employment Requirements Due to COVID-19
California employers will have many questions concerning their employment obligations including their ability to maintain and pay current staffing levels in light of Governor Newsom’s March 19, 2020 Executive Order N-33-20 requiring most Californians to stay at home due to the COVID-19 virus. BPH’s Employment Practice Group is ready and available to answer your questions.
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