Category Archives: Litigation


Anti-SLAPP: A Powerful Tool Against Third Party Claims

Jennifer Becker, Long & Levit An unintended consequence of California’s Anti-Strategic Lawsuit Against Public Participation statute (Anti-SLAPP), C.C.P. § 425.16, is the protection afforded attorneys against claims by non-clients. Enacted…


“No Sleeping on the Job!” California Supreme Court Rules Sleep Time Must be Compensated in Certain Industries

By Reno F.R. Fernandez III, Macdonald | Fernandez LLP In Mendiola v. CPS Security Solutions, No. S212704 (Cal. January 8, 2015), the Supreme Court of California ruled that employers cannot exclude sleep time…

Evangeline Burbridge

Meet Barristers Litigation Section Leader Evangeline Burbidge

Evangeline (“Evan”) Burbidge is an attorney at Lewis & Llewellyn, a San Francisco litigation boutique firm focusing on high-stakes civil cases. An active BASF member, she currently serves as a…


Post-Threat Analysis: SCOTUS reverses conviction in online threats case

Katie Burke, The Wald Law Group On June 1, 2015, in Elonis v. United States, the U.S. Supreme Court ruled in a 7-2 decision that a Pennsylvania man’s conviction for…


Battery Liability for Offending Unusually Sensitive Sense of Personal Dignity

Mark Malachowski, Esq. Under new rules, promulgated by the powerful American Law Institute, offending ultra-sensitive people now carries battery liability. In the olden days, battery was considered an offensive “unwanted…


I’ve Been Hacked. Have I Been Damaged?

Keenan W. Ng, Ad Astra Law Group, LLP Pleading computer fraud damages Computer fraud has been a hot topic in the news with seemingly new lawsuits everyday. Nevertheless, plaintiffs seem…


Is Litigation More of a Science Than an Art?

Join us October 16 to Learn What’s Involved in Decision-Making, Memory and Persuasion BASF’s Litigation Section will be hosting its annual Bench Bar Conference on October 16 to bring together…


Innovation Needed to Attract Silicon Valley In-House Counsel

David King Keller Ph.D. and Jeffrey F. Silber, CPA, MBA, CMC In a meeting billed as the “In-House Counsel Summit” on Wednesday afternoon, a panel of three legal leaders from…


Tips for Better Presenting Photographs in Court

Michael Kelleher This article was first published by Michael Kelleher on the Cogent Legal Blog at Well-presented photographs are powerful tools for litigators. In this post, I’ll share some samples that…


Excel for Litigators: Tips to Present Numbers and Calculations at Trial

Litigators must master the presentation of numbers and calculations in trial because numbers often prove damages and/or liability. However, showing and explaining numbers and calculations in trial can present challenges, particularly with hard-to-interpret spreadsheets and non-cooperative, adverse witnesses.