Last month, I reflected on Hemmingway’s golden rules for writing, and how to apply them to communicating data. First, we covered concision – using PivotTables and data aggregation. Today, we will look at vigor – through thoughtful formatting and simple graphics. Next month, we will focus on positivity – how to put your best foot […]
In the law, being a gifted writer is invaluable. Whether it is persuading a court, or helping a client understand a complex issue, our words are everything. But what if counsel must communicate data? It comes up constantly: potential damages in a lawsuit, key comparisons in litigation, the output of an estate plan. I have […]
Application of Data to Statutory Interpretation Listening to my favorite legal podcast this past week, Strict Scrutiny, the hosts introduced me to an application of data in the legal realm: corpus linguistics. The concept arose during oral argument in Pulsifer v. United States, a case concerning statutory interpretation of the First Step Act. The relevant […]
Working with advanced Excel tools can streamline case analysis and save clients money. Excel functions like VLOOKUP, which are used to merge data, are especially versatile in legal practice. Consider these three examples: Accuracy of Data Reports Mandatory data reporting often comes with legal risks. Take EEO-1 Reporting, which requires employers to report information on […]
The first time I taught myself how to use VLOOKUP, it was like I had unlocked a magic trick. I had two large lists of data, one shorter than the other, and needed to get information from the longer list into a new column corresponding to the same name in the shorter list. After some […]
Format of Functions Functions are yet another tool in Excel that can seem overwhelming. Their structure can seem like a foreign language – with errors and errant formatting generating even further confusion. As a starting point, it can be helpful to break down the general structure of functions, so you know how to approach ones […]
The Case for Shortcuts In the law, shortcuts are often to be avoided. You wouldn’t want to end up on the wrong end of a sanctions order because of a failure to cite check your work. With technology, as with research, you want to be sure that you are using shortcuts correctly – to build […]
Continuing Excel Education Advancing my Excel knowledge drove me to take my first college course in quite some time – Excel/VBA for Creative Problem Solving. 20 hours of learning later, I was genuinely thrilled to earn my completion certificate. You might ask why I felt the need to take a class on Excel. Besides my passion […]
PivotTables have applications beyond simple addition and averages. Let’s take a look at some further applications of PivotTables using the attorneys’ fees data we modified last week. Build your PivotTable Remember, as a first step, to select your data set, and insert your PivotTable. Attorney Summary We can start our analysis by looking at a […]
One of the most common practical applications of basic data analysis in litigation is with attorneys’ fees. Understanding, challenging, or defending them. Case Context Consider this. A few months ago, the ABA Journal covered this case from the Federal Circuit, reversing a fee award of $185 million (5% of the settlement value) in a class […]
PivotTables are a surprisingly straightforward and highly underutilized Excel tool, that can serve to quickly organize and present critical information in a case. Ask my colleagues: I find uses for PivotTables in nearly every data set I work with. Let’s start with the data set we worked with for table formatting, some employee time entries, […]
Fix it First Best to cut to the chase! Before you are able to get the most out of Excel, you need to make sure to put the best in. That means, whatever data set you are working with, you need to make sure it is: (1) accurate, (2) complete, and (3) properly formatted. If you give the […]
Now that you have formatted your client’s data set, it’s time to run a few summaries. Taking advantage of table formatting unlocks several options for you. (Remember, sample data can be accessed here.) When a data set is formatted as a table, if you select a cell in that table, you will view a “Table […]
In California, lots of people have been scratching their heads after the new California Privacy Protection Agency issued its first set of proposed regulations, and entities covered by the California Privacy Rights Act (“CPRA”) struggle to disentangle what they mean and how to comply by the enforcement date of July 1, 2023. Surprising to some, […]
Data permeates every aspect of legal practice. Data in Practice is a bimonthly feature to provide practical tools for attorneys to better organize, manipulate, and understand data. Whether it’s working with basic case information, preparing document productions, or conducting exposure analyses, a more robust knowledge of Excel is guaranteed to streamline your work. A few […]
Data permeates every aspect of legal practice. Data in Practice is a bimonthly feature to provide practical tools for attorneys to better organize, manipulate, and understand data. Whether it’s working with basic case information, preparing document productions, or conducting exposure analyses, a more robust knowledge of Excel is guaranteed to streamline your work. A few […]
Data permeates every aspect of legal practice. Data in Practice is a bimonthly feature to provide practical tools for attorneys to better organize, manipulate, and understand data. Whether it’s working with basic case information, preparing document productions, or conducting exposure analyses, a more robust knowledge of Excel is guaranteed to streamline your work. A few […]
Folger Levin is very pleased to announce that it has elected Joseph (“Joe”) Bevington to the firm’s partnership. Joe earned his law degree from the University of Arizona in 2013 and has been an associate at the firm since 2018. Joe is a partner in our Schools & Educational Organizations and Labor & Employment practice groups where […]
California employers rejoice. The United States Supreme Court, in its decision in Viking River Cruises v. Moriana, held that claims under California’s Private Attorneys General Act (“PAGA”) can be compelled to arbitration on an individual basis – reversing a key part of a prior California Supreme Court ruling, and dramatically reducing the potential PAGA penalties […]
Employers received more bad news recently from the California Supreme Court. In Naranjo v. Spectrum Security Services, the Court held that employers will face stiff penalties if they fail to report, on wage statements, premiums owed for missed meal periods or rest breaks, or fail to promptly pay those premiums upon separation of employment. Affirmatively […]
A new law taking effect on January 1, 2022 will impose significant new requirements on “youth service organizations,” including public or private youth centers, youth recreation programs, and youth organizations. AB 506 requires that youth service organizations take each of the following steps: Conduct LiveScan criminal background checks on all administrators, employees, and regular volunteers […]
Folger Levin LLP is looking for a junior associate to add to our Corporate & Real Estate practice group. We offer a diverse and intellectually challenging practice that encompasses a broad range of business and transactional matters. The lawyers in our Corporate & Real Estate group represent for-profit businesses, non-profit organizations, entrepreneurs, and individuals. Our […]
Folger Levin LLP congratulates Rosha Jones (Employment & Labor), Sherri Hansen (Employment & Labor), and Marie Jonas (General Litigation), who were selected to 2021 Northern California Super Lawyers lists. Rosha Jones was selected for the 2021 Northern California Super Lawyers list, and Marie Jonas and Sherri Hansen were selected for the 2021 Northern California Rising Stars list. […]
About the Positions Folger Levin LLP, a boutique, full-service firm in San Francisco, is looking for associates to join our Labor & Employment practice group. Our Labor & Employment practice offers a diverse and challenging practice involving a broad mix of employment work, representing not only for-profit employers, but also nonprofits, including independent schools. Our […]
Folger Levin is very pleased to announce that it has elected Jenny Wendell Lentz to the firm’s partnership. Jenny earned her law degree from the University of Pennsylvania Carey Law School in 2011 and has been an associate at the firm since 2018. Jenny is a partner in our Estate Planning Practice Group where she counsels […]
Starting January 1, 2021, human resources employees of businesses with five or more employees that employ minors and adult employees who supervise minor workers at such businesses will be considered mandated reporters under the California Child Abuse and Neglect Reporting Act (CANRA). CANRA requires a mandated reporter to make a report to law enforcement or […]
On September 6, the U.S. Department of Labor (DOL) revised regulations concerning Emergency Paid Sick Leave and Expanded FMLA Leave required under the Families First Coronavirus Response Act (FFCRA). The DOL made the amendments in response to an August ruling by a New York federal district court holding that four provisions of the regulations exceeded […]
A new law that became effective September 17 has made it easier for employees to recover workers’ compensation benefits if they contract COVID-19 after working at an employer’s worksite. May Executive Order Normally, to be entitled to workers’ compensation benefits, an employee has the burden to prove that the employee’s injury or illness arose out […]
As employers look to reopen their doors following local and state-wide emergency orders, the San Francisco Board of Supervisors passed the “Back to Work” emergency ordinance requiring non-union employers to provide employees notice and recall rights similar to rights typically provided under union contracts. As described below, covered employers must offer reemployment to employees laid […]
On April 2, 2020, the California Supreme Court ruled that a party who agreed to a waiver of formal service of process under California law may not invoke the Hague Service Convention to void a $414 million judgment. Rockefeller Technology Investments (Asia) VII v. Changzhou SinoType Technology Co., Ltd., Case No. S249923 (April 2, 2020). […]
On April 1, the U.S. Department of Labor (DOL) issued regulations concerning Paid Sick Leave and Emergency FMLA Leave required under the Families First Coronavirus Response Act (FFCRA). The DOL regulations clarify and, in some cases, expand or modify, provisions in the FFCRA. The IRS also issued guidance on March 31 concerning procedures and standards […]
The Emergency Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, both enacted as part of the Families First Coronavirus Response Act, require employers to provide paid time off to employees unable to work for reasons related to COVID-19. Below is a summary of key provisions of these new laws, which apply […]
Folger Levin is very pleased to announce that it has elected Rosha Jones and Marie Jonas to the firm’s partnership. Rosha and Marie both earned their law degrees from the University of California, Berkeley School of Law in 2011, and have both been associates at the firm since 2015. Marie is a partner in our […]
The California legislature was busy again in 2019. Our year-end update will help California independent schools understand the legal changes that will affect schools in 2020, including new laws on medical exemptions from student vaccination requirements, classification of independent contractors, employee arbitration agreements and the extension of the statute of limitations for violations of state […]
In a webinar presented by the California Independent Schools Business Officers Association (Cal-ISBOA), Susan Ansberry briefed independent school business managers on five new legal developments for 2020. Susan focused on (1) independent contractor classification changes; (2) new limits on medical exemptions for vaccinations; (3) restrictions on employee arbitration agreements; (4) changes to leave of absence […]
California is now the first state to enact a ban on hairstyle discrimination. The CROWN ACT, “Create a Respectful and Open Workplace for Natural Hair,” expands the definition of “race” under the Fair Employment and Housing Act (“FEHA”) to include hair texture and protective hairstyles, and defines protective hairstyles. Employers found to discriminate based on […]
As of January 1, 2020, California employers may no longer include a “no-rehire” provision in a settlement or severance agreement. A no-rehire provision generally provides that as a condition of the settlement, the employee may not work for the employer or any related entity in the future. The reason employers typically have wanted to include […]
Earlier this month, Governor Newsom approved AB 218, a new law effective in 2020 that will dramatically extend the statute of limitations for claims of childhood sexual assault and put schools and other organizations at risk for claims that sexual assault happened any time in the past. In addition to extending the statute of limitations, […]
Earlier this year, the Ninth Circuit Court of Appeal ruled that Title III of the Americans with Disabilities Act (ADA) applied to the website for Domino’s Pizza. The ruling was consistent with prior Ninth Circuit decisions, and confirmed that the ADA applies to websites where the goods or services provided through the website are linked […]
Since the California Supreme Court ruled in Edwards v. Arthur Andersen LLP, 44 Cal. 4th 937 (2008) that California law bars essentially all employee covenants not to compete, some have wondered whether “non-solicitation agreements” or clauses – barring individuals from trying to hire former coworkers away from their prior employers – were still permitted. Case […]
On January 15, 2019, the Ninth Circuit Court of Appeals issued an important ruling regarding website accessibility liability under the Americans with Disabilities Act (“ADA”). The case, Robles v. Domino’s Pizza, LLC, 913 F. 3d 898 (9th Cir. 2019), held that the ADA applies to Domino’s website and app and rejected Domino’s argument that imposing liability […]
On March 6, 2019, two Folger Levin attorneys will give presentations at the annual meeting of the National Business Officers Association (“NBOA”) in San Diego. NBOA is a nonprofit organization focused on supporting business officers and business staff at independent schools. At NBOA’s annual meeting, Drew Davis will speak to the advantages and disadvantages of […]
Folger Levin is pleased to announce that Sherri Hansen has joined the firm’s Labor & Employment and Educational Organizations Practice Groups. Sherri will represent the firm’s clients in all aspects of employment law, including compliance with wage-and-hour and anti-discrimination laws, advising on family and medical leaves, and development of compliant policies and procedures. She will […]
A recent decision from the NLRB, Alstate Maintenance LLC, 367 NLRB 68 (2019), significantly narrowed the definition of “concerted activity” under Section 7 of the National Labor Relations Act. Protected “concerted activity” is a cornerstone of the NLRA, providing protection for actions taken on behalf of a group of employees. The Board, under the Obama […]
At this January 23, 2019 conference, Joe Bevington and Susan Ansberry outlined for independent school managers “5 Steps Independent Schools Should Take to Manage Legal Risk in 2019.” Joe and Susan shared both legal requirements and best practices for (1) conducting criminal background checks for school employees, (2) classifying independent contractors in light of Dynamex, […]
Our Educational Organizations practice group provided its annual update on legal developments affecting California independent schools, including new requirements for harassment training; the California Supreme Court’s dramatic change in the test for determining independent contractor status in Dynamex v. Superior Court; and a number of new laws affecting students in private schools. A copy of […]
In the Winter 2019 edition of the Alternative Dispute Resolution Newsletter of the ABA Section of Litigation, Jiyun Cameron Lee discussed a recent decision in which the California Court of Appeals rejected the right of private parties to waive service of process in international contracts. A copy of the article can be found here.
The article “The E-Word: Emotions, Women, and the Law,” authored by Folger Levin litigator Marie Jonas, was published in the most recent issue of California Litigation magazine, a publication of the Litigation Section of the California Lawyers Association. The article explores the use of the term “emotional” as an insult targeted at female attorneys, and ways […]
At the close of every year, Folger Levin’s Labor & Employment attorneys provide general information to California employers regarding recent and forthcoming changes to the law to be on the lookout for come January. Here’s a preview of this year’s updates: There were some seismic shifts in employment laws in the past year. In what could fundamentally […]
The article “Risk & Compliance: Pros and Cons of Mandatory Arbitration Provisions,” authored by Drew Davis and Joe Bevington, was published in the November/December edition of Net Assets magazine, a publication of the National Business Officers Association. The article examines some of the factors that independent schools, in particular, should consider when seeking to determine […]
Effective October 1, 2018, the City and County of San Francisco has amended its Fair Chance Ordinance (FCO) so that it is better aligned with California law. As of January 1, 2018, California employers with 5 or more employees are barred from asking for criminal history information on employment applications and from inquiring about or […]
In Caldera v. Department of Corrections & Rehabilitation, the Court of Appeals has confirmed that in addition to adopting legally mandated policies, employers have an obligation to take steps to prevent and address harassment in the workplace. Caldera makes clear that the most effective—and legally compliant—approach to addressing harassment is prevention. In preventing harassment, however, […]
Does a disinherited beneficiary have standing to file a petition under Probate Code Section 17200 to challenge an amended trust? In Barefoot v. Jennings, Case No. F076395 (5th App. Dist., September 10, 2018), the Court of Appeal answered that she did not. Appellant, one of decedent’s six children, was expressly disinherited and removed as a successor […]
Most lawyers assume that they have the right to take all the discovery they want in arbitration proceedings, including third-party discovery. Arbitration is no different than traditional litigation, they assume, and proceed with a discovery plan that is just as comprehensive as if the matter were pending in court. But not so fast: parties’ right […]
Businesses involved in litigation have all been faced with the situation of receiving document requests in discovery and learning that individual employees of the business may have relevant information on their own personal electronic devices. This raises a number of questions for the business: Is it required to scour the devices owned by its employees […]
Folger Levin LLP congratulates Rosha Jones (Employment & Labor) and Marie Jonas (General Litigation), who were selected to 2018 Northern California Super Lawyers lists. Rosha Jones was selected for the 2018 Northern California Super Lawyers list, and Marie Jonas was selected for the 2018 Northern California Rising Stars list. In addition, Rosha was named to the Top Women […]
Folger Levin recently represented the San Francisco Conservatory of Music (SFCM) in closing a $113 million debt financing with First Republic Bank. The financing, which involved both tax-exempt and taxable loan facilities, will support SFCM’s $185 million expansion of its campus and the construction of the Ute and William K. Bowes, Jr. Center for Performing […]
In a long-awaited decision issued on Monday, May 21, 2018, the U.S. Supreme Court resolved a circuit split involving the enforceability of class-action waivers contained in arbitration agreements between employees and employers. The widely predicted decision is considered a victory for employers, as it upholds the validity of class waivers in the context of employment […]
On April 30, 2018, the California Supreme Court issued an opinion regarding independent contractors with profound implications for California employers. The Court’s decision in Dynamex Operations West Inc. v. Superior Court rewrites the test for determining whether a worker is an “employee” or an “independent contractor” for purposes of California wage-and-hour claims. The case involved drivers […]
Folger Levin is very pleased to announce that it has elected Jennifer Beerline to the firm’s partnership. Jennifer has served as an attorney at Folger Levin since earning her law degree from the University of California, Berkeley School of Law in 2009. An attorney in our Estate Planning Practice Group, Jennifer advises individuals and families […]
2018 brings a number of new legal requirements for independent schools. Below is a summary of the new laws. Please remember that the following update provides general information and is not intended to provide legal advice as to any specific factual situation. If you have questions about the application of these laws to a particular […]
At an awards ceremony on October 17, 2017, John Levin received Stanford Law School’s National Public Service Award. The National Public Service Award is given annually to an attorney whose public service work has had a national impact. In a speech at the awards ceremony, John encouraged current law students to view a life in […]
A law signed this week by Governor Brown makes it important for schools to review their policies concerning interactions between employees and students. Beginning in 2018, all public and private K-12 schools that have adopted policies on employee-student interactions must distribute those policies to parents and the public. AB 500 requires each school with such […]
On October 27, 2017, Jiyun Cameron Lee will speak at the at the 12th Annual California Superior Court Boot Camp, presented by Pincus Professional Education. Jiyun will share her practice tips for preparing and filing summary judgment motions and oppositions, with a particular emphasis on preparing effective separate statements of fact. The event will occur at […]
Just a few days before the January 1, 2017 effective date of the San Francisco Paid Parental Leave Ordinance, the San Francisco Office of Labor Standards Enforcement (“OLSE”) published forms that covered employers are required to use to comply with the ordinance and also issued rules interpreting the ordinance. The forms and rules, which are […]
We are proud to announce that our colleague, John Levin, will be honored by the Stanford University School of Medicine as a Dean’s Medal Recipient on October 24, 2016. The Dean’s Medal is one of the School of Medicine’s highest honors. It is presented to individuals whose scientific, medical, humanitarian, or other contributions have significantly […]
Folger Levin is proud to serve as a sponsor of the Legal Aid Society’s Employment Law Center’s 100th Anniversary Gala. This noteworthy event will take place on Thursday, September 22, 2016 at the Hyatt Regency San Francisco to celebrate LAS-ELC’s 100th anniversary, with special guest, George Takei, who has been a staunch advocate and beloved […]
The California Court of Appeals has issued an opinion in favor of Folger Levin’s client in an important case involving the rights of survivors of domestic violence. The Court of Appeal held that the trial court erred in denying a request for renewal of a restraining order, finding that the trial court decision was based […]
Folger Levin LLP attorneys have a long-standing commitment to community service, and one of the ways we honor this commitment is by serving on the boards of organizations that are meaningful to us. Last month, three members of our firm took on the following board roles: Jiyun Lee joined the Board of Trustees of the […]
Folger Levin is pleased to announce that Marie Jonas has joined the firm’s Litigation and Labor and Employment Practice Groups. Marie joins the firm after serving as a law clerk to the Honorable David O. Carter of the United States District Court for the Central District of California. Prior to her clerkship, Marie represented clients […]
California has enacted a tough new equal pay law, and employers should take action now to either ensure that they are compliant with the law, or come into compliance. The California Fair Pay Act seeks to close the persistent wage gap between men and women by broadening the scope of work that must be compensated equally. […]
Employers across the country have recently been presented with an unsettling question: Who are our employees? Not surprisingly, the answer is trickier for California employers. A recent NLRB decision made headlines when it reversed a more than 30-year standard for assessing joint-employer status under the National Labor Relations Act. The Browning-Ferris Industries of California, 362 […]
As everyone now knows, California will begin having mandatory paid sick leave effective July 1, 2015 under AB 1522, the “Healthy Workplaces, Healthy Families Act of 2014”. Although sick leave accrual does not begin until July 1st, the statute does otherwise become effective January 1, 2015. For example, the qualifying period for the eligibility […]
Most California employers know that California’s minimum wage went up to $9.00/hour as of July 1, 2014 and is scheduled to go up again on January 1, 2016 to $10.00/hour. But that may change. On December 1, 2014, State Senator Mark Leno introduced a new bill regarding California’s minimum wage, which instead would increase […]
In Murphy Oil USA, Inc., 361 NLRB No. 72 (Oct. 28, 2014), a noteworthy and controversial decision that contradicts numerous federal and state courts, the National Labor Relations Board (“NLRB” or the “Board”) reaffirmed its earlier decision in D.R. Horton, Inc., 357 NLRB No. 184 (2012), in which it held that the National Labor Relations […]
As the news has reported and most employers in California have now heard, last month California became the second state in the nation to require paid sick leave to employees under AB 1522, the “Healthy Workplaces, Healthy Families Act of 2014” (“the Act”). The effective date for employers to begin providing paid sick leave is […]
In September, Folger Levin represented Parents, Families and Friends of Lesbians and Gays, Inc. (“PFLAG”) in filing an amicus brief with the United States Court of Appeals for the Fifth Circuit supporting the right of same-sex couples to marry. The case, De Leon v. Perry, Case No. 14-50196, involves an appeal from a district court’s ruling […]
To assist estate planning and other attorneys who represent household employers, Genevieve Evarts made a presentation titled “Keeping Clients with Household Employees Out of Trouble with the Law” for the Bar Association of San Francisco on September 17, 2014. The program provided an overview of the key compliance issues to be aware of when small […]
Folger Levin received the bronze level award from the Healthy Mothers Workplace Coalition for the firm’s dedication to providing a mother- and family-friendly workplace. The award was presented at the coalition’s second annual awards ceremony on September 15, 2014 in San Francisco. This year’s twenty-four honorees represented a range of businesses, organizations, and law firms […]
Employers with fifty or more full-time employees working in the nine counties that surround San Francisco Bay (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, southwestern Solano, and southern Sonoma counties) have until September 30, 2014 to adopt a commuter benefits program. Covered employers must pick at least one of 4 options: […]
Earlier this year, San Francisco enacted an ordinance limiting how certain employers can inquire and use criminal background information relating to applicants and employees. The ordinance, which is technically called the “Fair Chance Ordinance” but is frequently referred to as the “Ban the Box” ordinance, goes into effect on August 13, 2014. Under the new […]
In April 2014, a Louisiana jury awarded $1.4 million in compensatory damages and $9 billion – that’s right, billion – in punitive damages against Takeda, a Japanese pharmaceutical company and manufacturer of Actos, a drug used to combat diabetes. The plaintiff, a diabetic, alleged that Actos caused him to develop bladder cancer, and the jury […]
Signing up for COBRA continuation coverage may be a trap for the unwary, as shown by a bulletin issued by the U.S. Department of Health and Human Services (HHS) in May, which is available here. The HHS bulletin confirms that before signing up for COBRA coverage, employees should consider carefully the impact of enrolling in […]
Complying with the varying requirements of the numerous federal, state and local laws that govern employee leaves of absence in California can be difficult for employers and often raises operational challenges. To assist Bay Area non-profit organizations in navigating the complex web of leave laws, Susan Ansberry made a presentation on Leaves of Absence: Ten […]
The trade secret question asked most often by clients is: can I use my customer list after moving to a new job? We are asked this – or some variation on this – question from individuals contemplating a change in employment, from companies about to hire a new employee, as well as from companies losing […]
In Silvaco Data systems v. Intel Corp., 184 Cal. App. 4th 210 (2010), the Court of Appeals described the difference between a patent and a trade secret as follows: The sine qua non of a trade secret … is the plaintiff’s possession of information of a type that can, at the possessor’s option, be made […]
On February 13, 2014 UrbanSitter, Inc. announced that it raised $15 million in a Series B round of financing. The round was led by DBL Investors with participation from Match Group, a division of IAC, and newly launched VC firm Aspect Ventures, as well as existing investors Canaan Partners, First Round Capital, Menlo Ventures […]