Owning a Busy U.S. Subsidiary Doesn’t Make a Foreign Parent Company Suable in California

Horst Legal CounselAppellate Law, Business Litigation

If your company has a foreign parent, or you’re a foreign manufacturer who sells into the United States through an American subsidiary, you’ve probably assumed that the subsidiary’s heavy California business pulls the parent into California courts too. It feels obvious. But the California Court of Appeal just confirmed it doesn’t work that way, and the ruling gives cross-border companies …

An Employee Can’t Hide a Harassment Claim to Escape Your Arbitration Agreement

Horst Legal CounselAppellate Law, Arbitration, Employment Litigation

If your company relies on an employment arbitration agreement, you already know California keeps handing employees new ways out of one. One of the newest is a 2021 federal law that lets a worker alleging sexual harassment void the agreement and head to court. That law is real, and it has teeth. But a California Court of Appeal just drew …

What Your Audience Thinks You Meant Isn’t the Test for Defamation

Horst Legal CounselAppellate Law, Business Litigation

If your business publishes anything to the public, a documentary, an article, a review, a marketing campaign, a social post, you already know the risk that someone will read an accusation into it that you never made. When that happens, the plaintiff usually points to the reaction. Look at the comments. Look at what people assumed. A new California decision …

San Francisco Litigated a Water Rate Class Action for a Year, Then Won by Showing It Was Filed the Wrong Way

Horst Legal CounselAppellate Law, Real Estate Law

If your company is thinking about challenging a rate or fee that a city or public agency just imposed, you’re probably focused on the merits. Is the charge too high? Does it fold in costs it shouldn’t? Those are the questions that eventually win a case. But in California there’s a threshold question that can end the fight before a …

Cities Can No Longer Bury Your Local Tax Refund in Red Tape

Horst Legal CounselAppellate Law, Business Litigation

If your business pays a tax to a California city and believes the city got the number wrong, you’d expect a straight path to challenge it. For years, some cities made that path anything but straight. They stacked their own refund procedures on top of the state’s claim rules, so a company seeking a local tax refund had to move …

You Don’t Owe Your Customers a Safer Product You Haven’t Finished Building

Horst Legal CounselAppellate Law, Business Litigation

Every company that makes a product makes bets: what to build next, how fast to develop it, when to launch. Plaintiffs’ lawyers found a way to turn those bets into a lawsuit. The theory was simple. Don’t argue the product you sold was defective. Argue that you should have released a safer alternative sooner, and that the delay is what …