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Category: Firm Post

Lloyd A. Schmidt Elevated to Shareholder

By Hoge Fenton | 07.1.2018 | Firm Post

Hoge Fenton is pleased to announce that, effective July 1, 2018, attorney Lloyd A. Schmidt was elevated to the status of Shareholder. With more than 30 years of experience counseling clients in corporate and business transactions, Lloyd has extensive knowledge in mergers and acquisitions, corporate governance, and entity selection, formation and dissolution, in addition to providing general corporate advice and counsel. He is also well-versed in issues relating to vendors, suppliers, and other service providers, employee relations and agreements, stock plans, and contract negotiation. Lloyd has been an integral member of Hoge Fenton’s Corporate Group since joining the firm in July 2017. Prior to joining Hoge Fenton, Lloyd was a shareholder at Hopkins & Carley in San Jose, and served as a chair of its Corporate, Tax, and Business Transactions Department. “I am fortunate to join such an experienced group of shareholders at Hoge Fenton. They show a sincere commitment to professionalism and the community, uphold the value of excellence, and are trusted by our clients,” said Lloyd A. Schmidt. “Lloyd’s longstanding relationships with a number of loyal clients have developed over many years of his providing outstanding legal and business representation,” said Daniel W. Ballesteros, managing shareholder at Hoge Fenton. “Lloyd exemplifies the high standards of client care we expect from our attorneys. Now, Hoge Fenton business clients have the benefit of Lloyd’s excellent advice, counsel, and advocacy. We are honored to call Lloyd a shareholder.” Click here for the full press release. ABOUT HOGE FENTON: Hoge Fenton is […]

Hoge Fenton Adds Business Litigation Associate Daniel J. Marsh

By Hoge Fenton | 06.17.2018 | Firm Post

Hoge Fenton expands its business litigation and real estate litigation practices with the addition of attorney Daniel J. Marsh.  Daniel will represent clients with complex corporate and partnership disputes, contract disputes, and professional liability matters. In addition, he has specific expertise in business insurance coverage and insurance bad faith litigation. Prior to joining Hoge Fenton, Daniel worked at Willoughby, Stuart, Bening & Cook as a litigation associate, and before that at the law firm of Wilson Elser Moskowitz Edelman & Dicker LLP in San Francisco, and Slater Hersey & Lieberman LLP in San Rafael. Daniel is a graduate of the University of California at Davis School of Law and earned his B. A, cum laude, from Loyola Marymount University. Before law school, Daniel spent two years working for the United States Peace Corps in Mali assessing and addressing the needs of the community through sustainability projects. “With experience in business litigation, real estate litigation, and insurance coverage, Daniel is the perfect fit for Hoge Fenton,” said Alison Buchanan, Chair of the firm’s Business Litigation practice group. “Our litigation clients have varied and complex needs, and Daniel reflects the high caliber and quality Hoge Fenton clients expect. Also, he is firmly committed to our four touchstones: to be trusted by our clients and the community, committed to the legal profession, a benefit to our community, and a caring business. We are thrilled to have him join the team.” We are pleased to have Daniel on board, and hope you have a […]

Hoge Fenton Welcomes Ashlee Cherry

By Hoge Fenton | 06.11.2018 | Firm Post

Hoge Fenton’s Employment Law Team Expands with the Addition of Attorney Ashlee Cherry Please join us in welcoming attorney Ashlee Cherry to the firm. Ashlee represents clients with employment law needs ranging from wage and hour disputes and wrongful termination to disability and leave matters. She is also experienced in litigating and resolving disputes. A graduate of Santa Clara University School of Law and an Emery Merit Scholarship recipient, Ashlee served as an academic fellow in Santa Clara Law’s Academic Success program, mentoring first year law students, participated in Santa Clara Law’s Honors Moot Court Competition, and was involved in the Women and Law Association. “Ashlee’s experience with, and passion for, employment law and litigation aids in our ability to serve our clients and adds additional bench strength to our dynamic employer defense practice,” said Sarju Naran, Chair of the Employment Group. “We are excited to welcome Ashlee to the team.” Find out more about Ashlee here. Find out more about our Employment Law Practice

California Adopts New Test for Determining Independent Contractor Classifications

By Hoge Fenton | 05.8.2018 | Client Alerts

On April 30, 2018, the California Supreme Court issued a decision that establishes a new three-part test for determining whether a worker can be classified as an independent contractor. While the new test provides greater guidance and is more definitive than the prior multi-factor balancing test, the new test makes it far more difficult for businesses to classify workers as independent contractors, and it creates substantial risk for companies that currently classify any workers as independent contractors. The California Supreme Court case, Dynamex Operations West, Inc. v. Superior Court, involved a class-action lawsuit by delivery drivers against Dynamex, a same-day courier and delivery service. Workers sued Dynamex after the company restructured its business, reclassifying drivers from employees to independent contractors. The workers alleged that they were misclassified and that Dynamex was required to comply with various Labor Code and Wage Order requirements applicable to employees (e.g. meal and rest breaks, overtime). Instead of applying the balancing test historically used to evaluate independent contractor classifications, the Court adopted and applied the “ABC test” – under this test, an individual is an independent contractor only if each of the following is true: (A) the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact; (B) the worker performs work that is outside the usual course of the hiring entity’s business; and (C) the worker is customarily engaged in an independently established trade, occupation, or […]

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