This Litigation Shortcut Could Cost You Your Right to Appeal

Horst Legal CounselAppellate Law, Business Litigation

Summary When your business files a lawsuit, an early ruling from the judge can change the entire course of the case. If that ruling goes against you, it may be tempting to look for the fastest way to get in front of the Court of Appeal. A recent California Supreme Court decision shows why one shortcut, voluntarily dismissing your case …

Your AI Policy Won’t Save You If Nobody Reads the Output

Horst Legal CounselAI & Legal Ethics, Business Litigation

A California Court of Appeal sanctioned an attorney $1,500 and forwarded its opinion to the State Bar after his brief quoted cases that do not exist, quotations generated by AI and never verified. The lawyer had an AI policy requiring human review. The court held the policy itself was not enough, because it never put a competent person on the …

Dismissed Twice, Still Not Over: California Limits the Two-Dismissal Rule

Horst Legal CounselAppellate Law, Business Litigation

If you’re defending a lawsuit and the plaintiff drops it, then files somewhere else and drops it again, you’d be forgiven for thinking the matter is finished. There’s even a federal rule that seems to promise as much. The California Supreme Court just made clear that the two-dismissal rule doesn’t reach nearly as far as many defendants assume. In Doe …

In California, a Background Check Class Action No Longer Needs a Victim

Horst Legal CounselAppellate Law, Business Litigation, Employment Litigation

If your company runs background checks on job applicants, you’ve probably been told the real exposure under the federal Fair Credit Reporting Act (FCRA, the law governing how employers obtain and use consumer background reports) comes from people who were actually hurt. Someone denied a job over a bad report. Someone whose private information leaked. A recent decision from California’s …

A Competitor Gutted a Rival’s Branch From the Inside. A California Court Just Revived the Lawsuit.

Horst Legal CounselBusiness Litigation, Employment Litigation

If a competitor has ever tried to hire away one of your teams, you know the real damage is rarely limited to the people who leave. It is the customers who follow them, the deals already in the pipeline, and the confidential information that walks out the door alongside them. The hardest version of this is when the raid is …

California’s “Actually Viewed” Defense Just Died in Data Breach Cases

Horst Legal CounselBusiness Litigation, California Regulatory Law, Digital Law

If your company handles other people’s sensitive data through a software vendor, two questions are now urgent. First, can you still rely on the longstanding California defense that says no liability attaches unless an unauthorized party actually viewed the data? And second, when a vendor sits between you and the end users whose information was exposed, who exactly has the …