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BAKER, KEENER & NAHRA, LLP

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Posted by on Feb 14, 2019 in Publications |

Recent legal developments reflect a positive outlook for biometric security

Recent legal developments reflect a positive outlook for biometric security

About four years ago we published a post on some of the legal issues surrounding the use of biometric security. At the time, a Virginia Circuit Court’s nonsensical decision about why a suspect could be forced to unlock a phone with his fingerprint but not give up his password reinforced the fact that the legal system had no idea what to do with biometrics.  Fast forward to today and there are signs that at least some courts are finally coming around to recognize the legal issues implicated by biometric security and address them in a rationale manner. The United States Supreme Court recognized the need for this change of direction in Carpenter v. United States (2018) 138 S. Ct. 2206, where it instructed all courts to adopt rules that “take account of more sophisticated systems that are already in use or in development (Id. at 2218-19) and that courts have an obligation to safeguard constitutional rights and cannot permit those rights to be diminished merely due to the advancement...

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Posted by on Feb 14, 2019 in Recent Cases |

Defense verdict in wrongful death lawsuit

Earlier this month, attorney Robert Baker obtained a complete defense verdict on behalf of our clients in a wrongful death action brought against them by the family of a woman who died after a drug overdose. The jury, rendering its verdict after several days of careful deliberation, agreed that our clients were not responsible for her death and brought to a close a lawsuit that has been hard fought since it was first filed in...

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Posted by on Dec 14, 2018 in Publications |

Closing Thoughts For 2018

Closing Thoughts For 2018

This year has been filled with trials and tragedies reflecting humanity at its worst, just as it has been filled with many moments of self-sacrifice and love reflecting humanity at its best.  Despite the many challenges that our nation and our world have faced this year, and the many they will face in years to come, it’s important to keep things in perspective. For example, a prominent medieval historian recently opined that the 6th century was probably the worst time to be alive – beating out 1918 when the flu killed 50-100 million people and 1349 when the Black Death wiped out half of Europe – when not one, but three massive volcanic eruptions blocked out sunlight for years and the bubonic plague struck the Roman empire, the heart of civilization at the time.  And yet, despite all of the literal darkness, death, and destruction of that century, humanity lived on. It is easy to think that the challenges we face today are insurmountable, but when we look to...

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Posted by on Dec 14, 2018 in Recent Cases |

Motion for summary judgment granted in favor of defendant insurer

Attorneys Robert Baker and Derrick Lowe successfully obtained summary judgment in favor of an insurance company represented by Baker, Keener & Nahra in a bad faith lawsuit seeking over $5 million in damages in Ventura County.  Subsequent efforts by opposing counsel to challenge the grant of summary judgment were defeated and the trial court granted our client the right to recover all of the costs incurred in the...

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Posted by on Jun 15, 2018 in Publications |

The California Supreme Court Addresses the Gig Economy in Dynamex Decision: Independent Contractors, Not Employees

The California Supreme Court Addresses the Gig Economy in Dynamex Decision: Independent Contractors, Not Employees

Almost three years ago, an article was posted on this site discussing the potentially rocky road ahead for the sharing economy, now more commonly known as the “gig economy,” in view of the uncertainty as to whether participants in the gig economy were independent contractors or employees of the services which they used to find work – e.g. Uber and Lyft– and the ramifications when the courts finally addressed the issue. This uncertainty was directly and recently addressed by the California Supreme Court in Dynamex Operation West, Inc. v. Superior Court (S222732) Much will be written about the legal intricacies, policies, and consequences associated with this eighty-two page decision, so there’s no need to do so here at length. The core decision was effectively that all workers are considered employees unless the company proves they are independent contractors. In order to prove this, the company must establish that (a) the worker is free from the control and direction of the company, (b) that the worker performs work outside the...

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