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Todd Boock Elevated to Partner at BNSK

BNSK is pleased to announce that Todd A. Boock has been elevated to partner in the firm. Todd joined BNSK as Of Counsel from Goodwin Procter LLP in 2020, and his practice is focused on complex business and commercial litigation, with extensive experience in financial services matters. Todd’s broad practice also includes contract disputes; unfair...

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New Case Filing by BNSK Featured on CBS News This Morning

A new case filing by Brown Neri Smith & Khan was featured on CBS News This Morning: Twenty-year-old Alex Kearns took his own life last June mistakenly believing he’d lost nearly $750,000 in a risky bet on Robinhood, the stock-trading app where he started trading as a teenager. His parents filed a lawsuit, first obtained by CBS News, on Monday...

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The Guide to Securities Fraud Elements and SEC Rule 10b-5

Securities fraud refers to misrepresenting information to investors regarding the sale or purchase of securities and/or the manipulation of financial markets. Read more. What is securities fraud? Securities fraud, according to the Federal Bureau of Investigation, includes a broad range of activities, including but not limited to high yield...

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The Definitive Guide to Cumis Counsel

Cumis counsel refers to the independent attorney whom a defendant is entitled to retain in a liability insurance claim — where there is a conflict of interest between the defendant and the insurance company. The term Cumis Counsel originated in a 1984 California lawsuit between San Diego Federal Credit Union and Cumis Insurance Society, Inc..  In...

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The Guide to Executive Compensation Clawback Provisions for In-House Lawyers

A clawback provision, clause, or agreement is often included in a financial contract and outlines how money previously paid to an employee must be returned to the employer, based on certain factors and situations. Here’s a quick overview, and when to consider pursuing litigation. What is a clawback provision, clause, or agreement? Clawback...

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How to Choose a Complex Commercial Litigation Attorney

Complex commercial litigation generally describes a range of legal disputes pursued or filed by companies and businesses. Choosing an attorney or law firm can be a daunting task, unless approached in an organized manner. Here’s a guide. What is complex commercial litigation? Complex commercial litigation describes a wide range of legal disputes...

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Ryan Abbott Named “50 Most Influential People in IP”

Partner Ryan Abbott has been selected as one of the 50 most influential people in IP for 2019 by Managing Intellectual Property magazine. Ryan’s listing notes that, “[h]is work on artificial intelligence (AI) and IP has contributed to the international dialogue on how new technologies are challenging existing legal standards.” Managing IP is the...

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Court of Appeal Rules Materiality is Imperative for Order Disqualifying Counsel

In a published opinion (38 Cal.App.5th 1069), the 2nd District of the Court of Appeal reversed a trial court order disqualifying Richie Litigation, P.C. from representing Plaintiff and Appellant Thomas Wu. BNSK represented Mr. Wu for purposes of appeal. In late 2017, Mr. Wu sued O'Gara Coach Company, LLC for various workplace violations including...

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FT: “A patent predicament: who owns an AI-generated invention?”

October 6, 2019 — Excerpt. Originally published in Financial Times Brown, Neri, Smith & Khan LLP partner, Ryan Abbott, was recently quoted in the Financial Times, regarding his groundbreaking efforts to obtain patent protection for AI-generated inventions. Excerpt below: Ryan Abbott, professor of law and health sciences at the University of...

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Small Firm. Big Talent – Daily Journal (3/19/19)

Return to The Complex Business Litigation BlogSitemapAttorneysLos Angeles OfficeBrown Neri Smith & Khan, LLP 11601 Wilshire Blvd #2080 Los Angeles, CA 90025 (310) 593-9890 Get Directions >About UsBrown Neri Smith Khan, LLP are business litigation attorneys in Los Angeles, CA. Serving a wide range of practice areas and industries around the...

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DotConnectAfrica Trust Defeats Motion for Summary Judgment

DotConnectAfrica Trust (DCA), a client of our firm, won a victory in its ongoing efforts to bring greater internet access to the continent of Africa. DCA is currently in a suit against the Internet Corporation for Assigned Names and Numbers (ICANN) for the fraudulent rejection of DCA’s application for the top-level domain name “.Africa”.  In an...

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Potential Expansion of Attorney-Client Privilege for Inadvertent Disclosure

The California Supreme Court’s refusal to hear an appeal regarding Gibson Dunn & Crutcher LLP’s recent disqualification from representing another large firm should serve as both a clarification of attorney-client privilege and a word of warning to law firms. The Court rejected a petition to hear McDermott Will & Emery LLP v. Superior...

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Governor Brown Expands Privacy Laws with Respect to Electronic Information

On October 6, 2015, Governor Brown signed five privacy bills into law.  The laws add protections and procedures for the collection and maintenance of electronic identifying information by law enforcement, automated license plate readers, and voice-activated smart-TVs.  The laws also define the term “encryption” and change the method of data...

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No Set Limit for Numerosity Requirement in Class-Action

In a wage-and-hour class action (Hendershot v. Ready to Roll Transportation, Inc., 228 Cal. App. 4th 1213) a California Court of Appeal reversed the denial of class certification and held that no set number applies to the numerosity requirement for a putative class. The plaintiffs filed a class action against Ready to Roll (RTR) for failure to...

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Subsequently adopted arbitration by-law cannot apply to accrued claim

In 1999, Ironwood County Club entered into a land-purchase agreement with current members.  The members loaned the club $25,500 with the agreement that any funds would be repaid by the Club to the member upon resigning membership.  The agreement also required new members to pay the balance of the members’ land-purchase account and any unamortized...

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Signed Acknowledgement of Arbitration Agreement Defeats Employee’s Arguments

In Serafin v. Superior Court (2011 Cal. LEXIS 12706) former employee Madeline Serafin sued Balco for wrongful termination, harassment and defamation.  Balco moved to stay the suit pending arbitration based on the arbitration agreement Serafin signed when she was hired.  The arbitrator found in Balco’s favor on all issues and the trial court...

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“Compelling and Meritorious” Constitutionality Challenge of the SEC Dismissed

After a two-year investigation, the SEC issued an order for enforcement proceedings against Laurie A. Bebo, the former CEO of Assisted Living Concepts (“ALC”).  The SEC alleged that ALC’s disclosure documents contained false or misleading statements and accused Bebo of securities fraud. In response, Bebo filed a civil action against the SEC (Bebo...

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Exclusion of Non-Exclusivity Clause Supports Exclusive Contractual Relationship

In a recent unpublished decision from the Ninth Circuit Court of Appeals (Global BTG, LLC v. National Air Cargo, Inc., 2015 U.S. Dist. LEXIS 70386), the Court affirmed a jury verdict finding an exclusive contractual relationship in the absence of any express exclusivity contractual provision.  Although lacking any express exclusivity, the Court...

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Judge Real Extends TRO Enjoining Defendants Conduct Until Resolution of Case

On April 11, 2016, Judge Real of the Central District of California granted an ex parte application for a temporary restraining order in favor of our client ReachLocal, Inc.  ReachLocal sought to prevent defendants Kieran Cassidy and his company, PPC Claim (collectively, the “Defendants”), from contacting its clients, employees, and investors. ...

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A/C Privilege – Common Interest Doctrine

In Seahaus La Jolla Owners Association v. Superior Court (224 Cal.App.4th 754), the California Court of Appeals explained the Common Interest Doctrine of the attorney-client privilege.  The defendant sought to obtain information disclosed by counsel of the HOA at pre-litigation meetings; the defendant claimed that the presence of homeowners (who...

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Court Grants Ex Parte TRO preventing issuance of .Africa top-level domain

On Friday, March 4, the Honorable R. Gary Klausner ruled in favor of BNS’ client, granting a temporary restraining order, enjoining Internet Corporation for the Assigned Names and Numbers (ICANN) from issuing the .Africa top-level domain. Plaintiff Dot Connect Africa Trust (DCA) applied ex parte for a temporary restraining order on Wednesday...

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BNS Obtains Dismissal of Anticipatory Lawsuit on Forum Non-Conveniens Grounds

On February 5, 2016, the Central District granted a motion to dismiss on forum non conveniens grounds, entering judgment in favor of our client.  After being warned of pending litigation overseas, the California manufacturer our client distributed for initiated a declaratory relief action in Los Angeles Superior Court.  After removing to federal...

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Brown Neri Smith Khan, LLP are business litigation attorneys in Los Angeles, CA. Serving a wide range of practice areas and industries around the world, we offer the experience of big firm litigators with boutique service and attention.

Email us at info@bnsklaw.com