Kibler Fowler & Cave LLP

We like to think that Professor Jessica Levinson tries out her material for a national audience on CBS before her actual presentation at the Kibler Fowler & Cave LLP #SCOTUS CLE webinar on July 11. Please join us. https://lnkd.in/gqHBPCgV

Kibler Fowler & Cave LLP is pleased to invite our clients, colleagues and friends to join us on Thursday, July 11, 2024 at 12:00 PM PDT, for another U.S. Supreme Court Review with Professor Jessica Levinson of Loyola Law School. Professor Levinson will lead a discussion on significant cases from the U.S. Supreme Court’s most recent term. MCLE credit pending approval. Note that many states offer CLE reciprocity with California, including New York. To register: https://lnkd.in/eR5sWyuN

Kibler Fowler & Cave LLP Counsel Stephen Raiola opened The Federalist Society’s Third Circuit Conference, which was held in Philadelphia on June 21, 2024, by providing welcoming remarks and introducing the first panel on “Threats to Judicial Independence and How the Legal Community Should Respond.” As a part of his remarks, Stephen introduced the Honorable Esther Salas of the U.S. District Court for the District of New Jersey, the Honorable Cheryl Ann Krause of the U.S. Court of Appeals for the Third Circuit, the Honorable Richard J. Sullivan of the U.S. Court of Appeals for the Second Circuit, and the moderator of the panel, Craig Carpenito, a partner at King & Spading LLP and the former U.S. Attorney for the District of New Jersey. Panelists discussed the increasing politicization of attacks on the state and federal judiciary, and the rise in physical threats to judges and courthouses across the country. In addition to encouraging members of the Bar to be leaders in educating the public about the meaning of judicial decisions and the importance of the independence of our courts, Panelists discussed efforts to pass legislation to protect the personal identifying information of state and federal judges, and engage with the public and the media more broadly to facilitate a healthier discourse about the courts. As Vice President of the Pittsburgh Chapter of the Federalist Society, Stephen served on the planning committee for the Conference, which, in addition to the individuals listed above, included the Honorable Michael Chagares, Chief Judge of the U.S. Court of Appeals for the Third Circuit, the Honorable David James Porter of the U.S. Court of Appeals for the Third Circuit, and the Honorable Joshua D. Wolson of the U.S. District Court for the Eastern District of Pennsylvania. Prior to his role in the Pittsburgh Chapter, Stephen served on the Board of the Federalist Society’s D.C. Young Lawyers Chapter.

The Kibler Fowler & Cave LLP Los Angeles team gathered together this week for a summer kickoff dinner at Ladyhawk in WeHo. Really fun night sharing great food and lively conversation with John Fowler, Matt Cave, Tracy Rane, Kevin Kroll, Kevin Cammiso, Shiqi (Sara) Borjigin, Zien Halwani, Charles Cardinal, Samantha Ahlheim, Megan Schneider, Praveeta Garcia, and some of our spouses and friends.

Kibler Fowler & Cave LLP was proud to sponsor the Los Angeles Center for Law and Justice’s Celebrating Survivors Gala. The event, which celebrated LACLJ’s 50 years of service in Los Angeles, brought together over 500 community members for a fun and joyous evening supporting low-income, immigrant survivors of domestic violence, sexual assault and human trafficking. The event raised over $545,000 to help support survivors’ access to justice, empowerment and safety. The Gala was attended by KF&C Partner and LACLJ Board Member Matt Cave, Counsel Tracy Rane, and Accounting Manager Shawn Damiani.

Kibler Fowler & Cave LLP is proud to have sponsored the Toll Brothers 30th Annual Gala supporting The Posse Foundation. The Posse Foundation identifies students across the U.S. who might be overlooked by the traditional college application process but who have the potential to lead and excel. Select students receive a prestigious full-tuition merit scholarship, funded by Posse's partner colleges and universities. Students then receive guidance and a support system of peers and mentors throughout their college experience. Since 1989, Posse’s partner colleges have awarded more than $2 billion in scholarships and Posse has selected more than 13,000 students for these scholarships. KF&C is proud to support this amazing organization as well as our client and good friends at Toll Brothers.   The Gala, which was attended by KF&C’s Michael Kibler, John Fowler, Matt Cave, Daniel Stujenske, Michael Ledley, Nathan Park, Michael Carnevale and Stephen Raiola, capped off a multi-week NY-NJ-PA-DC visit by KF&C’s Los Angeles-based partners. Mike, John and Matt joined the Firm’s New York-based attorneys to reconnect with clients, friends, and former colleagues. Each meeting was a reminder of the extensive network and enduring relationships that define our legal careers as well as the success of KF&C. Thank you to everyone who took the time to connect. We are looking forward to continued collaboration and shared successes ahead. (And if we missed you, we’ll see you next time!).

In this edition of the KF&C California Law Blog, we discuss the recent Ninth Circuit decision in Doe v. WebGroup Czech Republic, A.S., No. 22-55315 (9th Cir. 2024), in which the Court answered a question that is frequently asked by U.S. litigants: “Is a foreign defendant subject to personal jurisdiction in a U.S. federal court where the defendant operates a website directed at the U.S. market?” For the first time, the Ninth Circuit provided a pragmatic standard for a critical issue in a world of globalized e-commerce and cloud computing. The Ninth Circuit reversed the district court’s ruling granting defendants’ motion to dismiss for lack of personal jurisdiction. The Czech Republic-based defendants in WebGroup did not conduct any business operations in the United States. Their websites, however, were accessible in the United States and were hosted on servers in the Netherlands that were operated by a U.S.-based company. The Court found that a passive website that nevertheless involves conduct directly targeting a forum may be considered to be engaging in a purposeful direction of activities towards that forum for purposes of long-arm jurisdiction. In an era of globalized commerce, a website that is accessible from California, standing alone, is not enough to confer jurisdiction over that website’s foreign operator. But as the Ninth Circuit explained in WebGroup, it is possible to sue a foreign defendant in California if the website-related activities featured “something more.” Prospective plaintiffs who do not yet have the information for “something more” should use jurisdictional discovery to find a hook that may subject foreign defendants to jurisdiction in the United States. KF&C represents clients from Europe, Asia and South America litigating in the United States in a range of disputes, including those involving the exercise of long-arm jurisdiction. If you have questions or comments on the recent blog post, please contact Nathan Park.

On March 27, 2024, Kibler Fowler & Cave prevailed on a motion for summary adjudication for clients RWB Platinum Vape, Inc. and Red White & Bloom Brands, Inc. (together, "RWB"). RWB is a multi-national cannabis company that in 2020 purchased a group of companies from George Sadler and Cody Sadler for more than $35 million. The Sadlers signed various agreements that contained non-compete and non-solicitation clauses in connection with the sale of their companies. After flagrantly breaching their agreements with RWB, the Sadlers claimed in litigation that the non-compete and non-solicitation clauses were not enforceable under California law. The Superior Court of San Diego County disagreed, granting RWB’s motion for summary adjudication and finding that the clauses are enforceable under California Business & Professions Code section 16601. RWB also defeated a motion for summary judgment filed by the Sadlers for breach of a contractual non-disparagement clause based on cease-and-desist letters sent by RWB to customers and vendors after the Sadlers breached their agreements with RWB. The Court agreed with RWB that, at minimum, there are factual disputes over whether the communications were made in anticipation of possible litigation, in which case the litigation privilege would bar the Sadlers’ claim. These substantial victories follow KF&C’s win in this case before the Court of Appeal for the State of California, Fourth Appellate District, which on October 24, 2023, handed down a unanimous ruling affirming a decision by the Superior Court disqualifying the Sadlers’ prior counsel, Austin Legal Group APC. Trial is set for December 2024. This will be one of many trials for KF&C this year. The KF&C team includes Partner Matt Cave, Counsel Stephen Raiola, Senior Associate Kevin Kroll, Senior Associate Kevin Cammiso, Associate Shiqi (Sara) Borjigin, Senior Litigation Paralegal Samantha Ahlheim, and Paralegal Megan Schneider.

Honored to represent Park Lane! Well deserved honor.