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Poole & Shaffery, LLP

The Sidebar - August 2015

Poole & Shaffery, LLP is a full service business firm with attorneys who focus on a variety of different areas of litigation, counseling and transactional services, including: bankruptcy, business litigation, business transactions, commercial litigation, construction law, construction defect claims, employment and labor law, environmental law, government affairs, intellectual property matters, insurance law, land use, non-profit and tax-exempt organizations, product liability, premises liability, real estate law, and toxic torts.

Disclaimer: The articles contained herein are intended for general information purposes only. Nothing contained in this document is legal advice, nor should it be relied upon as such.




Santa Clarita
San Francisco
Santa Clarita
Walnut Creek
Orange County
Tel.: (855) 997-7522




By: Michael S. Little
Emerging Battle Lines Are Being Drawn in the War for Coverage under Cyber Security Policies

In the lifecycle of insurance products and policies, cyber insurance is in its infancy. With the significant increase in the number of data breaches in recent years, the need for cyber policies has grown dramatically and insurance carriers are beginning to draw strict lines around the types of risks they will cover. One of the insurance coverage lawsuits arising from a cyber/data breach was recently filed and its outcome will likely shape the cyber insurance industry and the laws associated with data breaches. If you are in the insurance industry, a business owner or in-house counsel in need of cyber insurance coverage, here is what you need to know:

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By: Cecilie E. Read
U.S. Department of Labor Proposes Change to Executive Exemption

Paying employees higher wage is a hot topic in politics. Both local and federal officials are calling for higher minimum wages for employees, spurred on by movements like Occupy Wall Street. California always trying to be a leader in employee rights is raising its minimum wage to $10.00 in 2016. Moreover, some cities in California have separate higher minimum wages, such as San Francisco where the minimum wage is $12.25.

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By: Sean M. Kim
Plaintiffs’ Failure to Discover Financial Condition of Correct Defendant Results in Loss of Punitive Damages Award

In Soto, et al. v. BorgWarner Morse Tec Inc., No. B252995 (Calif. 2nd Dist. Ct. App., Div. 4), the Court of Appeal reversed an award of $32.5 million in punitive damages in an asbestos case against auto parts supplier, Borg Warner Morse TEC Inc. (“BWMT”), upon finding that plaintiffs failed to offer evidence of BWMT’s financial condition and ability to pay a punitive damage award.

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Appellate Law
Arbitration and Mediation
Bankruptcy
Business and Commercial Litigation
Business Transactions
Construction Law
Employment Law
Environmental Law
Estate Planning
General Counsel Services
Intellectual Property
Labor Law
Litigation
Non-Profit & Tax-Exempt Organizations
Premises Liability
Products Liability
Real Estate and Litigation
Toxic Torts