Nancy Hoang

𝗪𝗵𝘆 𝗛𝗲𝗮𝗱𝗶𝗻𝗴𝘀 𝗠𝗮𝘁𝘁𝗲𝗿 𝗶𝗻 𝗔𝗽𝗽𝗲𝗹𝗹𝗮𝘁𝗲 𝗕𝗿𝗶𝗲𝗳𝘀 Under California appellate rules, briefs must state each point under a separate heading or subheading.  Appellants and respondents alike should heed this requirement, as both persuasion and preservation may depend on it.  Some practice tips to consider: ✅ Many appellate courts will deem an argument forfeited if buried under an unrelated heading, or made only in a footnote. ✅ Headings should be substantive, but not so lengthy that they cease to serve as "headlines" and start to resemble text. ✅ Organizing headings for each distinct contention brings discipline to the drafting process, making the brief more coherent and digestible.  Generating a new Table of Contents for each draft is an excellent editing tool, helping you see whether points flow logically and persuasively. ✅ If the Table of Contents has "gaps" that would confuse a stranger, revise.  Justices often read the TOC to gain a substantive overview of the brief before diving in.   ► 𝗧𝗵𝗲 𝗽𝗿𝗮𝗰𝘁𝗶𝗰𝗮𝗹 𝗺𝗲𝘀𝘀𝗮𝗴𝗲:  Ensure that your brief headings are crisp and clear, and that they smoothly outline all your core contentions on appeal. #appeals Laurie Hepler

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In this edition of the KF&C California Law Blog, we discuss the recent California Supreme Court decision in Quach v. California Commerce Club, No. S275121, 2024 WL 3530266 (Cal. July 25, 2024), in which the court eliminated the longstanding requirement under the California Arbitration Act that a party opposing arbitration show that it had suffered prejudice as a result of the moving party’s delay in attempting to compel arbitration. The elimination of the prejudice requirement will likely result in more frequent claims of waiver in opposition to a party’s attempt to enforce an arbitration agreement. Practitioners responding to a complaint should promptly investigate whether the dispute may be subject to an arbitration agreement before engaging in any litigation conduct including serving even initial discovery. Parties seeking to avoid arbitration clauses will likely test the boundaries of waiver and argue that even very limited litigation conduct should result in waiver. Parties seeking to avoid that result should diligently investigate issues of arbitrability and if appropriate, move to compel arbitration at the earliest opportunity. Read the full blog here: https://lnkd.in/eBMyMncq For further questions or comments on the content of this post, please contact Michael Kibler or Michael Carnevale.

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Macrae's latest 2024 H1 Law Firm Partner Report reveals a nuanced picture of the Bay Area's legal hiring landscape. Despite a 27% annual decrease in lateral partner hirings at Bay Area Am Law 50 firms, signs point to a potential rebound in the near future. Julieta Stubrin, a managing director in our Bay Area offices, provides a deep dive into these trends, stating, "Overall, the trend is that firms are more invested in hiring." The data reveals: 🖊 An expected resurgence in IP law hiring in the latter half of 2024 🖊 A significant 22% increase in corporate law lateral partner hires 🖊 Notable upticks in areas like private equity, litigation, and antitrust Read the full article by Samson Amore in The Recorder, published earlier this week, for a comprehensive overview of the current state and future expectations in the Bay Area legal market*: https://lnkd.in/gmiecZM2 *Note this does sit behind a pay wall and a subscription may be needed to read the full article.

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