Business Litigation Archives

Better Late Than Never - Late Notice May Not Be Detrimental To Coverage Under An Occurrence Policy

As anyone who has ever tried to read through an insurance policy can attest, there are pages upon pages of terms, conditions, exclusions, limitations, definitions, and ... notice requirements. Most notice requirements in policies mandate that notice of a claim be provided in a prompt or timely manner. While the failure to strictly adhere to the policy's notice requirements can result in a forfeiture of coverage, late notice may not always be detrimental. In Marty Lat v. Farmers New World Life Insurance Company (10/16/18 Court of Appeal 2nd Dist.), the Court of Appeal held that an insurance company may not deny an insured's claim under an occurrence policy based on lack of timely notice or proof of claim unless the insurer can show actual prejudice from the delay.

New Appeals Court Decision Makes It Harder for Businesses to Protect Themselves from Ex-Employees

In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., the Court of Appeal held that a "Nonsolicitation of employees" provision of a standard Confidentiality and Non-Disclosure Agreement signed by employees who later left to compete against their former employer was void and unenforceable as an improper restraint of the employees' right to practice in their chosen profession.

You May Have To Allow Your Employee To Bring Her Emotional Support Parrot To Work With Her

California's Fair Housing and Employment Act ("FEHA") makes it illegal to discriminate on the basis of age, religion, color, gender identity, national origin, race, marital status, familiar status, sexual orientation, or physical or mental disability. As faithful readers to this newsletter are well familiar, the FEHA applies to employers, but it also applies to property managers, lenders, public entities, realtors, rental owners and anyone working in the housing industry. The FEHA broadly prohibits the treatment of a member of any protected class unequally to others or refusing to make reasonable accommodations.

Preventing employee rights violations as an employer

In some workplaces, the rights of employees are disregarded, and this can be problematic for workers who are subjected to various forms of mistreatment as well as the companies that employ them. Rights violations take on numerous forms, such as cases involving discrimination, wage violations and sexual misconduct. Sometimes, employee rights violations are so serious that an employee comes to the conclusion that filing a lawsuit is necessary. These situations cannot always be avoided in all instances, but there are many steps employers can take to stamp out employee rights violations in the workplace.

3 Items For Your Winter Corporate Check-Up

One of BKCG's main goals is to help our clients avoid legal problems from occurring in the first place and, with that in mind, based on our clients' experiences and recent legal developments, we suggest you consider doing the following 3 things to help your company stay out of legal peril.

Litigation after recently starting a business

Entrepreneurs launch businesses all the time, some of which grow into very successful companies. There are many challenges associated with starting a new business, from financial matters to those which involve staff and business partners. Many key decisions need to be made in the early stages of starting a business and our law firm realizes that this can be a hectic time, especially for business owners who may be doing this for the first time. Unfortunately, unexpected challenges can arise as well, and these can make things very complicated for a newly-formed business regardless of its size or industry.

Employee slip-and-fall suits

Workers are hurt on the job in all sorts of ways and these accidents can be incredibly difficult for workers and those who employ them. Whether a worker is hurt in a medical facility or injured while using dangerous machinery, many different types of workplace accidents take place. Some were genuine accidents and leave workers with devastating injuries that they need to recover from physically and financially, while others may be fabricated or exaggerated by a worker in an attempt to secure compensation. For example, someone may move forward with a lawsuit and claim that they were hurt in a slip-and-fall accident that their employer was responsible for.

Business litigation and New Year's

When each new year comes around, many people set resolutions aimed at improving their lives in any number of ways, and this is true for many business owners as well. As a business owner facing litigation, legal complications can make the holidays even more stressful and leave you with a great deal of uncertainty. On the other hand, you may be thinking about taking legal action once the holidays have come to an end. Either way, preparing for court and protecting your interests is paramount.

Business lawsuits over an employee's injury

In the workplace, things can go wrong in many different ways. For example, litigation may arise as a result of allegations that an employer failed to pay an employee properly, or because a worker claims they were discriminated against or sexually harassed. However, work spaces across various fields can present certain dangers that may result in a work-related injury. These injuries can be challenging for the entire company, in certain circumstances. Moreover, they may result in ligation against an employer.

Learn how businesses can protect their trade secrets

No matter what industry your business is in, trade secrets are important. This confidential business information helps enterprises stay profitable and stay ahead of competitors. Business owners need to take the protection of their trade secrets seriously by understanding their rights and responsibilities. This post will cover what qualifies as a trade secret and ways that a business can protect itself.

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