Blog posts and legal articles

We regularly post blog articles on legal topics related to litigation, arbitration, consumer rights and protections, surrogacy and open water matters. As a full-service law firm we also share information on niche areas of the legal system as it relates to current events.

Questions, comments or want to learn more about these legal practice areas? Contact us today!

First Party Claim for Property Damage

Do you have a first party claim for property damage? For the Sacramento region, 2023 started off with severely damaging wind and rainstorms.  Trees have fallen on homes and cars and over a dozen people are reported to have died from the storms. The Sacramento County Emergency Services Office estimates that the total property damage […]

The insidious return of “Shrinkflation”

I hate to disappoint some of you, but the minuscule amount of macaroni meme is not what we mean by “shrinkflation”. It is good though, right? We made it ourselves. Shrinkflation is different from inflation Before jumping into what “shrinkflation” is, we must first understand what “inflation” means and how the two differ. “Inflation” is […]

The Altruistic Journey

Many of my surrogacy cases are “altruistic journeys”. This term is used to describe gestational surrogacy arrangements (between intended parents and surrogates) where the surrogate chooses not to be compensated for her services, as a surrogate. This incredibly selfless gift is sometimes the only way some hopeful intended parents can afford to begin their journey. […]

Truck Accidents: Catastrophic injuries, wrongful death, and timing your claim

According to the Centers for Disease Control and Prevention (CDC) traffic accidents are the leading cause of non-natural death. And of all motor vehicle accidents, truck accidents have the highest risk of fatal injury. Because trucks can be up to thirty times heavier than an average passenger car, these accidents are more likely to cause […]

Maritime workers with serious injuries and a lifelong battle with disability

On June 25, 2022 the world celebrated the Day of the Seafarer by recognizing the valuable contribution seafarers make to the global economy. In the United States, California is one of the top 10 boating states because it contributes over $2 billion in GDP and creates over 400,000 jobs each year. And as regional ports […]

More people choosing to bike amid high gas prices, Rise in traumatic brain injuries and death

During the pandemic and lockdown, cycling boomed. The dramatic increase in ridership had plenty of benefits and led to the development of “slow streets” programs, effectively opening both temporary and permanent new bicycle lanes for cyclists. With recent gas prices soaring to record highs, many people are again choosing bikes as an affordable transportation option. […]

The rise of Womb-Mates: Superfetation and Gestational Surrogacy

I know what some of you are thinking:  “What the heck is superwhatsitcalledagain?” Superfetation is an extremely rare medical phenomenon, where the mother becomes pregnant while she’s already pregnant.  It has often been cited as the reason for some sets of twins being vastly different sizes at birth.  Essentially, the smaller “twin” was actually younger […]

Tragic Two-State Coincidence Destroys Thousands of Embryos

Last month, reports surfaced that two different embryo storage facilities in two different states, one in Ohio and one in California, suffered catastrophic malfunctions on the same day—March 4, 2018—causing many thousands of embryos to be lost forever. As a result, several lawsuits, some seeking class action status, have been filed against both clinics, University […]

Can Surrogates Refuse to Abort the Unborn Child of an Intended Parent?

The short answer is yes.  Under cases like Roe v. Wade, the surrogate has the absolute right to refuse to abort (or reduce) a pregnancy, even when the child(ren) she is carrying are not her own, and even when she had previously agreed to do so in an otherwise binding Gestational Surrogacy Agreement (“GSA”).  However, […]

What to Expect (from a HURRICANE) When You’re Expecting, Or Might Be

With Hurricane Florence rapidly approaching landfall as a “dangerous Category 2” hurricane, many on the East Coast are bracing for what could be one of the costliest storms in history, ranking alongside Harvey, Sandy, Katrina, and Andrew. Recent projections estimate up to 40 inches of rain in parts of the Carolinas, with feet of flooding in […]

Will a CLOSED federal government affect YOUR surrogacy case?

Probably not.  (I try not to leave my audience in unnecessary suspense) The good news—if you can call it that—is the federal government’s temporary closure will likely have little to no long-term impact on the vast majority of surrogacy cases. Most surrogacies are handled almost entirely at the state and local level, and have very […]

Ways to Finance Fertility Treatments

Infertility is expensive. The costs associated with fertility treatments can be difficult for many families to face. A single in vitro fertilization (IVF) cycle can range from $11,500 to $18,000. Additional cycles can cost $7,000 or more. Given that it takes couples on average 2.7 cycles to become pregnant, a family can face more than […]

Is Commercial Surrogacy Really Against UK Public Policy?

In a Triumph of Spirit over Form, British Court Recognizes That Attitudes Toward Commercial Gestational Surrogacy Have Changed Dramatically Since the Surrogacy Arrangements Act 1985 was first enacted. Surrogacy can be a controversial concept for some people, especially when the surrogacy in question is commercial (often referred to interchangeably as “gestational surrogacy”), rather than altruistic […]

Assisted Reproduction in the Age of Data Breach Litigation

It was recently reported that an Ohio infertility clinic suffered a significant data breach, potentially exposing its patients’ private and confidential information for anyone to see, including those on the Dark Web.  Unfortunately, circumstances like this are part of a rapidly rising trend of worldwide cybercrime, and providers in the assisted reproductive technology field should […]

Proposed North Dakota Legislation Seeks to Expand Insurance to Require Coverage for Fertility Treatments

North Dakota Senate Bill 2233 has been introduced in order to require insurance policies to provide coverage for fertility care services. Requirements Under the Proposed Law SB 2233 requires that any insurance company offering policies providing medical, hospital, or prescription drug benefits coverage for pregnancy-related claims must also provide medical, hospital, or prescription drug benefits […]

What to Expect (from a HURRICANE) When You’re Expecting, Or Might Be Redux

Updated September 1, 2019 When we first reported on Hurricane Dorian, the storm was barreling toward the Florida coast as a dangerous Category 4 hurricane.  While that is unfortunately still the case, and indeed, parts of Florida ranging from Deerfield Beach in the south to Titusville in central part of the state, have been put […]

The Lingering Threat of Zika Virus

Houston-based Family Fertility Center recently received a Warning Letter from the Food and Drug Administration regarding the center’s gamete (egg and sperm) donation screening practices.  Among the violations noted in the Warning Letter is a finding that Family Fertility Center failed to properly screen for Zika Virus, which, despite not being covered in the news […]

New California Law Provides Infertility Healthcare Coverage for Cancer Patients and Others

On Saturday, October 12, 2019, California Governor Gavin Newsom signed Senate Bill 600 into law. The bill consists of two sections.  Section 1 simply states which part of the California Code will be amended to reflect the legislative change, Health and Safety Code § 1374.551.  But curiously, Section 2 of the Bill reads, “The addition […]

Fertility Fraud Meets the Modern Age

There’s a new and disturbing term percolating in our modern-day consciousness:  fertility fraud.  In its simplest and most common form, fertility fraud occurs when an IVF physician, also called a reproductive endocrinologist, implants eggs, sperm, or embryos into a woman which are from a source that the woman did not consent to, too often from […]