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BAKER, KEENER & NAHRA, LLP

Trial Attorneys

Posted by on Jun 19, 2017 in Publications |

Top Ten (Eight) Lessons To Be Learned From The 2014 Sony Hack

Top Ten (Eight) Lessons To Be Learned From The 2014 Sony Hack

It’s approaching three years since the November 2014 hack against Sony Pictures Entertainment grabbed headlines and since then, stories of information theft, computers being held hostage by malware, data leaks and the like seem as though they are becoming more of a part of the everyday fabric of our digital life, not less. For this reason, it seems prudent to embrace the time honored “top ten” list tradition and provide you with ten (okay, only eight) considerations to keep in mind for the health and welfare of your digital life, whether at home or at work. Here they are, in no particular order: 1. If You Don’t Want It Leaked, Don’t Write It Your mom was right when she said not to say anything if you have nothing nice to say. No matter what the marketing materials may say, there really is no such thing as a perfectly secure communication. Even your million-bit encrypted, billion dollar secure e-mail system is vulnerable to the Mark 1 eyeball if you forget...

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Posted by on Dec 23, 2016 in Recent Cases |

Defense verdict on medical negligence claim for spinal surgery.

Our client was sued over spine surgery performed on the plaintiff in 2009, alleging both negligence and fraud with respect to the surgery and follow-up visits. This case, originally filed in the middle of 2011, initially named two other doctors, both of which were dismissed after we successfully filed motions for summary judgment on their behalf. However, subsequently the case underwent numerous procedural twists and turns, including the filing of a parallel case, efforts to consolidate with the parallel case, and amendments to the complaint. Our attorneys, John Nahra and Brenda Benson, successfully navigated this long-standing case to trial this month, where the jury rejected all of plaintiff’s claims and returned a complete defense verdict in favor of our client, with the judge ordering plaintiff to pay for our client’s...

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Posted by on Dec 23, 2016 in Publications |

California Supreme Court – Rest Periods Must Be Restful

California Supreme Court – Rest Periods Must Be Restful

Rest means rest In a ruling issued this week, the California Supreme Court in Jennifer August, et al. v. ABM Security Services, Inc. held in a two-part decision that state law prohibits on-duty and on-call rest periods, concluding that during required rest periods employers “must relieve their employees of all duties and relinquish any control over how employees spend their break time.” The Court specifically held that “a rest period during which an employer may require that an employee continue performing duties seems to place too much semantic emphasis on ‘period’ – and too little on ‘rest'” and that “one cannot square the practice of compelling employees to remain at the ready, tethered by time and policy to particular locations or communications devices, with the requirement to relieve employees of all work duties and employer control during 10-minute rest periods.” In short, when an employee is on break, the employee must be on break – the employer cannot require him to perform certain duties while he is resting (e.g....

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Posted by on Nov 7, 2016 in Publications |

Court of Appeals Sets Standard For Loss Of Earning Capacity Claim

Court of Appeals Sets Standard For Loss Of Earning Capacity Claim

It will come as no surprise that injuries affect our lives in a wide variety of different ways, including the impact an injury can have on our ability to work. When it comes to recovering damages in a lawsuit for the impact an injury has on our ability to work, the damages generally fall into two categories: what a person would have earned – i.e. loss of earnings – and what a person could have earned in the future – i.e. loss of earning capacity. An actual truck driver gets injured… To better understand the difference between these two categories, consider two different situations. First, let’s say you are working as a truck driver but, due to a back injury, are unable to drive for a month. If you filed a lawsuit seeking damages for this injury it would likely be a loss of earnings claim, as what you’d be trying to recover (ignoring workers’ compensation claims for purposes of this example) is the wages you would have earned...

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Posted by on Sep 19, 2016 in Publications |

Living with Kimzey v. Yelp – Protecting Against Yelp Review Lawsuits

Living with Kimzey v. Yelp – Protecting Against Yelp Review Lawsuits

With the recent decision by the Ninth Circuit in Kimzey v. Yelp (I refuse to use the exclamation point) reinforcing the fact that – no matter how clever the pleading – Yelp is not liable for negative business reviews that are created, published, or disseminated on its site, reviewers themselves are the prime target for any business owner angry enough to try and file a lawsuit over a Yelp review. As a result, anyone posting to Yelp or any other online review service would be wise to tread carefully for at least the next few months, if not as a general rule of thumb. How exactly, you might be asking, could any business owner sue over a Yelp review? Typically such a lawsuit would take the form of a defamation lawsuit – essentially, that the business and its reputation have been damaged because you have made false statements about it. However, while a Yelp review could in theory be defamatory, in actuality it’s highly unlikely that any Yelp review...

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