Nicole Clark

As more CCPA class actions like this one regarding a business's use of Google Analytics proceed, companies need to pay attention. This could be just the beginning, especially given the rise in recent years of web tracking-related arbitration demands under California's decades old CIPA (anti-wiretapping statute) (source: https://lnkd.in/gdsKtn_J). Assuming federal courts continue to suggest they see merit in claims under laws like CCPA or Washington’s My Health My Data Act, expect a surge in litigation from plaintiffs' firms under similar theories. #Privacy #CCPA #Litigation

16

1 Comment

Notice to LA based Trial Teams. While you should still do everything you can to get a traditional court reporter whenever possible, the Los Angeles Superior Court announced today the issuance of a general order authorizing LASC judges to order electronic transcription of court proceedings where there is no court-employed court reporter available, and the court makes one or more findings specified in the general order. The electronic reporting procedure is available when requested by the judicial officer presiding over the proceeding and when a court reporter is not available, to operate electronic recording equipment in certain family law, probate and civil proceedings. The order applies only when the Court is unable to provide an official court-employed court reporter due to an ongoing and well-documented court reporter shortage, when a litigant is unable to secure the services of a private sector court reporter at the litigant’s expense, and when the judicial officer makes specific findings that fundamental constitutional rights are at stake. General Order 2024-GEN-011-00 is effective immediately throughout the Superior Court of Los Angeles County in the specified case types.

31

2 Comments

The decision to make a lateral move can be both exciting and daunting. The California legal market offers numerous opportunities for attorneys looking to advance their careers. Here are some trends I've observed that could influence your next career move: ✨ A Market Rich with Opportunity ✨ If you're an associate, California's legal market is bustling with possibilities. The demand for skilled associates remains strong, with top-tier firms continuously seeking fresh talent to bolster their teams. Despite a peak in associate hiring during 2022, the momentum hasn't slowed, indicating a sustained need for new perspectives and expertise. This could be the perfect time to make a strategic move to a firm that aligns more closely with your career goals and values. I am here to help you navigate this dynamic landscape and achieve your career goals. Let's discuss how I can support your next move. Email me at alicia@vineattorneysearch.com #LegalCareers #CaliforniaLaw #LegalRecruiting #VineAttorneySearch #CareerGrowth

7

It can be frustrating to see deposition costs skyrocket. That’s why Skribe.ai is focused on providing a transparent and affordable alternative that keeps discovery moving. Skribe takes the guesswork (and sticker shock) out of depositions. #LegalTech #Depositions #NonSteno

2

1 Comment

PAGA Reform Deal Tentatively Reached The California Private Attorneys General Act (PAGA) has done many things. Since its passage in 2016, it has resulted in an explosion of lawsuits, shuttered small businesses, put well over $100 million into the state’s coffers, and built substantial wealth for a huge band of gunslinging lawyers. What PAGA has not done is ensure uniform compliance with our state’s strict wage-hour laws. As a lawyer who frequently represents smaller employers, this is particularly disheartening. Last week, Governor Newsom, working with state lawmakers and labor and pro-business groups, hammered out a deal to reform key aspects of PAGA. The reforms, if passed by the California Legislature and signed by the Governor by June 27th, will result in removal of a pending PAGA reform measure from the November ballot. The reforms are calculated to: ·      Encourage prompt compliance with wage-hour laws by capping penalties for employers who act quickly to fix policies and practices, and make workers whole, after receiving a PAGA notice. ·      Create new, higher penalties for employers who act maliciously, fraudulently, or oppressively in violating labor laws. ·      Increase percentage of penalties that go to employees from 25% to 35%. ·      Expand the number of Labor Code sections that can be cured to reduce the need for litigation. ·      Help to reduce the impact on small employers by providing a more robust right-to-cure process. ·      Allow courts to provide injunctive relief to compel businesses to implement changes in the workplace to remedy labor law violations. ·      Require employee(s) who sue to personally experience the alleged violations brought in a claim. We will continue to monitor these developments. Regardless of reforms, it is clear PAGA is not going anywhere. The very best way to avoid these potentially disastrous lawsuits is to ensure full compliance with California’s wage-hour laws. We encourage employers to audit their timekeeping, overtime, meal and rest break and reimbursement practices, as these are the most common PAGA violations. Additionally, if the reforms become law, on receiving notice of a PAGA claim, in the form of a letter to the Labor Workforce Development Agency (LWDA), employers should immediately act to “cure” violations to reduce penalties. We can assist with each of these efforts. Please contact us for help.

1

Now that we are mid-way through Q4, here is the data on lateral moves in California for the last 6 weeks. Unsurprisingly, litigators are still in the most demand, continuing the trends we've seen for the past few years. L&E groups are still busy and hiring accordingly. We've got several great L&E searches in California and these firms want to move fast. Corporate groups, with 44 hires, slightly picked up the pace from the previous 6-week period (41 hires). Our clients have been asking for more corporate associates so it's good to see corporate groups looking to grow. Firms are reevaluating their 2025 strategies in light of the election results. We expect that firms will focus on strengthening the top practices in key regions without taking risks in lower-tier markets or more niche practice areas. We also expect that corporate groups will look to grow to accommodate increased deal flow in 2025. This will be especially true if rates remain steady or drop. However, increased M&A activity depends on several factors, none of which are predictable. One effect of the new administration we can count on is a lower demand for lawyers focused on regulatory, antitrust, and other government-driven practice areas. The new administration has promised to cut regulations and bureaucracy. If they follow through, that will impact lawyers in related practice areas, and clients won't need those services as much as they have in the past 4 years. All that said, our clients are hungry for top candidates, at both the associate and partner ranks. If you're interested in learning more about the market, please reach out via DM or email (npappas@laterallink.com) #lawyers #lawfirms #economy

8

I presented yesterday at the Legal Innovators California conference with a challenge to the audience - to think about the "why" behind urging AI adoption at their firms. What are you doing to inspire legal professionals to take time out of their busy schedules to learn how to use AI? Providing opportunities for attorneys and paralegals to participate in pro bono work can be a powerful motivator. There's also a business case for offering AI tools to attorneys for pro bono work. In 2022, the AmLaw 200 performed 5 Million hours of pro bono work. The American Lawyer compiled a ranking of the top firms based on pro bono hours, and these were at the top of the list: Covington & Burling LLP, Munger, Tolles & Olson LLP, Jenner & Block, Orrick, Herrington & Sutcliffe LLP, Arnold & Porter, WilmerHale, Patterson Belknap Webb & Tyler LLP, Hughes Hubbard & Reed LLP, Dechert LLP, and Hogan Lovells. Pro bono is also a major factor in attorney retention, and if you ask any GenZ lawyer about the factors they are using to select a firm you will hear the research they've done into pro bono opportunities at their future company. Pro bono work also presents a moment when both senior and junior attorneys alike are open to learning. I've observed this firsthand in working with major law firms and companies like Microsoft who are offering Clearbrief.ai as a tool for specific pro bono efforts involving analyzing large volumes of factual documents to improve efficiency and accuracy. When attorneys experience the power of technology to achieve time savings and excellent work product in a pro bono case, it opens their eyes to how they can be using it on their regular matters. They're both helping their community and learning new skills. And that's how you inspire AI adoption. Is your company leveraging AI tools to give back? If you're interested in a playbook for how to get this started at your firm, please reach out. #ai #litigation #law Clearbrief.ai #probono

73

4 Comments

***Mobile App Tracking*** The majority of my prior posts have focused on website-based data collection and sharing, largely due to the fact that most of the lawsuits we were seeing centered on java script. Earlier this week, a lawsuit was filed in the Northern District of California that looked quite similar to those we have been dealing with but, instead, was based on collection of data through a mobile app. Specifically, the lawsuit alleges (1) that the app was developed using Firebase (Google's app development platform); (2) that, as a result of using Firebase, the app included Google Analytics; and (3) that, through Google Analytics, Google was collecting information (in this case, medical information) without the app user's knowledge or consent. The claims asserted are those you would expect: wiretapping under CIPA and invasion of privacy. Without delving into the merits of these claims, which I may do later, one thing jumps out to me. Unlike in most of these website-based collection cases, in this case the plaintiff must have had some ongoing business relationship with the app developer. He or she had to download the app and likely create an account. There should have been numerous opportunities for the app developer to (1) notify the user of the collection/sharing, (2) get his or her consent to the collection/sharing; and (3) get his or her consent to the app's Terms of Use, and (hopefully) it's pre-dispute notification provision, class action waiver, forum-selection clause, choice-of-law provision, etc. We'll see how this one plays out. If the Terms of Use were agreed to and included the right provisions, it should be relatively short-lived. If they were not agreed to or did not include the right provisions, it might actually have to be litigated. Yet another reason to routinely evaluate your terms and the architecture of your site/app.

22

1 Comment

FOUNDERS BEWARE: California Law Could Take Control of Your Delaware Startup If your company operates in California or has shareholders there, you might fall under California’s legal jurisdiction, even if you’re incorporated in Delaware. This “quasi- California” status introduces extra legal hurdles that can complicate your funding rounds. Cumulative Voting: What You Need to Know Unlike Delaware, California allows cumulative voting by default. This gives minority shareholders more power in board elections. If your Delaware-incorporated company is subject to California’s laws, failing to include cumulative voting in your charter can create legal disputes. You may need to amend your charter, which could shift control of your board. Stricter Rules on Distributions California’s laws are tougher on distributing dividends and stock buybacks than Delaware’s. Your company must meet certain financial standards before making any payouts to shareholders, and failing to comply can expose your directors to personal liability. It’s crucial to ensure you’re meeting these requirements to avoid potential legal risks. Indemnification Limits California law also restricts how much protection you can offer to your directors and officers, leaving them more vulnerable to personal liability than in Delaware. If your company is caught between these two legal systems, you may need to revise your bylaws or charter to offer adequate protection. Complications in Mergers and Asset Sales California adds complexity to mergers and asset sales, requiring separate votes from different classes of shareholders. Shareholders also have dissenter rights, meaning they can demand the fair value of their shares rather than accepting stock in the acquiring company, which can slow down or complicate transactions. Final Thoughts Being classified as a quasi-California company can complicate governance, especially during funding rounds. Issues like cumulative voting, stricter distribution laws, and indemnification limits can create significant challenges. With the right legal guidance, you can navigate these complexities smoothly and protect your business.

13

2 Comments

🤯 I’ve run a litigation firm for years, and I thought I had seen it all. But when I started digging into court reporting agency invoices, I found hidden fees that blew my mind. They weren’t just charging for the deposition testimony—they were billing me for computer-generated word indexes, the kind you can easily create with a click. This inflated the price of the deposition by 30% or more. How is this acceptable? As litigators, our responsibility goes beyond just winning cases—we also need to be mindful stewards of our clients' money. 💡 That’s one of the reasons Skribe was born. I co-founded it with court reporting veteran Tom Irby out of frustration with a broken system. Skribe was designed to help legal professionals who care about their clients’ money and want a better, modern deposition experience. For a fair & transparent price, Skribe delivers everything you need, no sneaky fees, no hidden costs: ✅ A certified notary liaison to swear in the witness ✅ A fully staffed virtual room with official Zoom ISV support ✅ Same-day rough transcript and video synced record ✅ AI-powered web app for deposition analysis, chat, and video clipping ✅ Final proofread transcript in 1 week or less ⚡ Why should clients pay thousands for something they can get faster, smarter, and cheaper? Let’s stop overpaying for outdated solutions. Curious how Skribe can help you save both time and money? Let's talk. #LegalTech #CourtReporting #Depositions #Innovation #Skribe #FutureOfLaw #Steno #NonSteno

23

"I already know what they have." I hear this objection - or some variation of it - when discussing the importance of conducting due diligence with a buyer buying a business. "I know they don't have it." "I have everything." "I trust them." Unfortunately, many buyers fail to see that having a written record of due diligence requests is important to a defense in a lawsuit in case a buyer wants to exit or undo a deal. Firstly, as a buyer, you won't really know what a seller has until you explicitly ask for it. Secondly, if a seller turns out to have been hiding out on information - or simply did not provide it because they were not ask to - and this lack of information hurts the buyer, a court will not be sympathetic. Period. This famously happened with Elon Musk tried to back out of his purchase of Twitter after claiming a large percentage of users were actually bots. As a buyer, you have to effectively argue "ignorance" and courts typically reject this when the information would otherwise be available. On the other hand, creating a trail of asking for due diligence -- and creating a trail of a seller failing to produce certain information -- can be used as a protection for the buyer.

8

3 Comments

I used to think AI regulation was moving fast (now it may be slower than you think). ↳ Courts always deferred to agencies' interpretations, ↳ Agencies had the final say on ambiguous statutes, ↳ Chevron doctrine ruled the land. But the Supreme Court changed everything: On June 28, 2024, the Loper Bright decision overturned the Chevron doctrine. Now, courts must use their own judgment when interpreting ambiguous statutes. This shift impacts how AI regulations are enforced. EEOC AI guidance is a good example of agency interpretations being now open to scrutinization. The EEOC's AI guidance faces new challenges: 1) No recent guidance despite rapid AI development. 2) No full Commission vote on AI-related guidance. 3) Lack of public input in the guidance process. 4) No public hearings on AI since January 2023. 5) EEOC's guidance lacks neutrality. 6) Congress hasn't delegated AI regulation authority to the EEOC. → The Loper Bright decision will likely slow AI regulation. → States like Colorado and California may lead with their own AI laws. This decision emphasizes the need for clear congressional intent and stakeholder engagement. The EEOC’s AI guidance will be scrutinized more than ever. Share this post to highlight the changing landscape of AI regulation.

9

12 Comments

California Attorneys, this is the critical software that’s transforming legal practices! Handle Estate Planning, Family Law, or Probate with legal forms generated in minutes, not hours. With Gavel’s no-setup automated forms, there’s no hassle—just precise, attorney-vetted documents ready when you need them. Make sure to check them out in the comment! #documentautomation #automatedforms #californiaattorneys

20

2 Comments

Common misconceptions in legal AI (part two). 5. Newer models are not inherently better... but they get there eventually. We ran 4o through our auto-eval engine on the day of release. The results were poor. In one case, the model would spontaneously start speaking Spanish. In another, it would refuse to draft an email. New models come with a LOT of hype. But we found the traditional GPT-4 models outperformed 4o and many of the new anthropic models until a month or two ago. 6. "My CLM provider is building that," is something we hear often. The reality is that very few incumbents are willing to take the dramatic steps required to pivot to AI-first product development. They have enormous, legacy codebases to maintain. And these codebases are architected in an entirely different paradigm. The inertia to change is simply too great. 7. "Claude is amazing! It's so much better than the OpenAI models." I read this kind of post on LinkedIn every day. No, Claude is not better than the OpenAI models. In fact, sonnet 3.5 has fallen down the pecking order on most benchmarks and head-to-head comparisons. It's also a pain to work with via the API in production (rather than as a consumer) because it has a hidden system prompt that forces it to respond in a particular tone and structure. I'm constantly wrestling against this hidden prompt... and I'm close to giving up. o1 is the best for reasoning, period. 4o is the most stable and consistent for multimodal use cases, period. 8. "Plugins are bad." I've started to hear this. Word plugins, Salesforce plugins, etc. are beginning, oddly, to get a bad rap. I understand counterpositioning... but these kinds of plugins are tablestakes for many legal use cases, esp. in law firms. Spellbook and CoCounsel are deeply embedded into existing workflows and this makes them MORE powerful, not less powerful. Don't be blinded by pretty new interfaces.

41

13 Comments

An in-house legal role isn't the "cushy" role it used to be. At a high-growth startup, it's probably one of the most demanding roles, and it may seem impossible to prioritize at times. This simple tactic will dramatically increase your team's effectiveness👇 When tackling a new problem or workstream, the first question is: 1️⃣ "Does an attorney need to do this, or can a non-attorney handle?" The next question is: 2️⃣ "Does a human need to do this, or can we leverage AI?" Most tasks do not require a law degree. Law firms have long leveraged non-attorneys to varying degrees. Smaller firms effectively use paralegals as attorneys, while larger law firms use paralegals to do more mundane tasks, like cite checking and filings. If you're running a legal division at a high-growth company, you should ALWAYS question whether a task requires an attorney or whether it just involves legal subject matter, which a non-attorney ( + AI) can handle. You should also ask whether this is a repetitive task that can be streamlined/productized/operationalized (e.g., sending out NDAs). Some of the most competent and effective members of our legal team are not lawyers. Rethinking "legal work," and who can perform it, has dramatically increased our velocity. This is no BS—it works. Try it out.

16

1 Comment

Zantac Verdict Update In the first California state court case involving Zantac to reach a verdict, a mistrial was declared after the jury couldn’t reach a unanimous decision. After over seven days of deliberations, the jury remained deadlocked, echoing a pattern seen in earlier trials: two Zantac cases in Illinois state court also ended in mistrials, while two others resulted in defense verdicts. This marks another pivotal moment in ongoing litigation against manufacturers like Boehringer Ingelheim. While some might view this as a win for the defense, it's crucial to remember that over 80,000 Zantac cases have already been settled for $2.2 billion, indicating defendants' willingness to resolve high-risk cases. Although this outcome isn’t what plaintiffs had hoped for, lead attorneys remain resolute, stating, “Boehringer dodged a bullet today—that won’t happen again.” The fight continues as the next trial approaches. Stay tuned for more updates. #MassTorts #ZantacLitigation #TrialUpdates #LegalNews

2

Going from $0 -> $1M rev run rate in just over 9 months here at CaseMark has been a wild ride. Guess what though? We’re not a SaaS company. We are pay-per-play. One of our straight-shooting customers from Texas said it best, “We attorneys are coin operated, why the hell can’t our software be too?!” He’s not wrong. As I was leaving SF last week I saw Moscone Center getting stitched together for Dreamforce, arguably one of the largest annual SaaS events, and I passed by with not the least bit of irony on the way to another customer meeting where they didn’t ask for an annual contract or per seat pricing. Our customers want results. They want to map that to the work they are doing for their clients. AI + legal is actually a match made in heaven if you aren’t burdened by doing business as usual. The winners in a post-AI world need to adapt with great product, amazing teams, unmatched customer success and a winning go-to-market motion. Make no mistake; this is bare-knuckle, full-contact capitalism at its best and it’s not for the faint of heart. Don’t expect to succeed if you’re just going to keep running the same playbook from the last go around.

86

9 Comments

Watch this case. Considering how little enforcement we've had from the AG and CPPA so far, this has the chance to supercharge #CCPA enforcement. #privacy

16

3 Comments