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Los Angeles, CA 90071-2043
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Professional Notes & Events
Michael A.S. Newman
Michael A.S. Newman is a litigation partner in Barger & Wolen’s Los Angeles office. He joined the firm in 2001.
Michael is involved in a broad range of litigation matters, including employment, insurance coverage disputes, bad faith liability actions, class actions, contractual disputes, and insurance regulatory matters.
Michael has represented and advised business clients, both in and out of the insurance industry, in actions alleging violation of employment laws. He has defended and advised insurance companies and insurance agents in numerous cases over the years involving alleged bad faith denial of benefits on life, disability, long-term care, workers compensation and health insurance policies, as well as elder abuse and negligence claims. Michael also represents business clients in matters involving alleged misappropriation of trade secrets.
In addition to his representative work, Michael has been a regular guest columnist for various magazines and newspapers, both online and print, including Inside Counsel, Financier Worldwide Magazine, the Los Angeles Daily Journal and the San Francisco Daily Journal. He has been engaged to write book reviews, opinions, and analysis of both current and historical legal issues.
Michael is the co-editor of Barger & Wolen’s Employment Law Observer blog.
Michael has also spoken at conferences and seminars regarding insurance and litigation issues. In 2010, 2011, and 2012, he spoke at the American Conference Institute’s conference on Bad Faith Litigation on the topics of discovery, damages, and recent legal developments.
His recent matters include:
- Beaumont-Jacques v Farmers Group, Inc. Primary writer of the briefing at the trial court level and on appeal establishing on summary judgment that a district manager of insurer defendants, responsible for recruiting and training insurance agents, was properly classified as an independent contractor, and was not an employee.
- Established on summary judgment that insurer defendants had properly classified recruiter and trainer of insurance agents as independent contractor.
- Lead counsel in arbitration, securing ruling that defendant had not breached its contract in terminating retail salespersons and did not owe them additional commissions.
- Established on summary judgment that life insurance had been properly rescinded by insurer, based on insured misrepresentations regarding income and net worth; affirmed by the Ninth Circuit Court of Appeal.
- University of California, Los Angeles, J.D., 1999
Chief Comments Editor, UCLA Law Review
- University of California, Berkeley, B.A., Phi Beta Kappa,1996
Articles & Publications
- States Crack Down on Premium Fraud
Several states have intensified investigations and criminal prosecutions of employers skirting the workers’ comp system. (Risk & Insurance, June 25, 2014)
- Compliance: Making sense of the myriad tests for independent contractor v. employment status
There are multiple tests depending upon which area of law is implicated (InsideCounsel, January 15, 2014)
- California Makes It Harder for Employers to Get Fees in Wage Suits
Michael Newman quoted in regards to a change to California's Labor Code. (Thomson Reuters, The Knowledge Effect, September 25, 2013)
- The Expanding Ranks of the Disabled
Michael Newman comments on new guidelines from the American Medical Association considering obesity to be a disease. (Human Resource Executive, September 10, 2013)
- District Manager Correctly Classified as Independent Contractor … Not an Employee
Barger & Wolen Secures Appellate Court Ruling (Barger & Wolen's Employment Law Observer, July 19, 2013)
- Avoiding liability under the “disparate impact” doctrine
(Global Reference Guide 2012: Employment and Human Resources, July 23, 2012)
- Life Insurance Contract
California Insurance Law and Practice - Chapter 21 (Revised)
- For the Government, Transparency and Accountability Is a One-Way Mirror
Posted with the permission of Daily Journal Corp. (2010). (San Francisco Daily Journal, August 09, 2010)
- Claims Processing and Investigation
California Insurance Law and Practice - Chapter 12 (Revised) (LexisNexis Matthew Bender, June 01, 2010)
- New Law Protects Frivolous Actions
Posted with the permission of Daily Journal Corp. (2010). (Los Angeles Daily Journal, February 19, 2010)
- The Bizarre Law That Punishes the Kindness of Strangers
Posted with the permission of Daily Journal Corp. (2009). (Los Angeles Daily Journal, March 03, 2009)
- Messing With a Time-Tested Method
(Los Angeles Daily Journal, September 29, 2008)
- Failing the First Amendment
(Los Angeles Daily Journal, September 04, 2008)
- Reforming Class Action
(Los Angeles Daily Journal, November 20, 2007)
- Guns, Blood and Gavels
Profile of California Chief Justice David S. Terry (1823-1889). (Los Angeles Daily Journal, February 14, 2007)
- Preventing Abuse of Tort Litigation Means Fixing Laws
(Los Angeles Daily Journal, December 07, 2006)
- Attorney-Fee Measure Would Corrode Government Integrity
(Los Angeles Daily Journal, September 21, 2006)
- For the Sake of Workers, Employers Need Freedom
(Los Angeles Daily Journal, April 13, 2006)
- Legislature Needs to Unwrite Jury Waiver Paradox
(Los Angeles Daily Journal, April 03, 2006)
- Proposition 79 Will Hamper Development of New Drugs
(Los Angeles Daily Journal, August 22, 2005)
- ‘Roe’ Propels Blackmun’s Improbable Journey
Review of Linda Greenhouse's biography of Justice Blackman. (Los Angeles Daily Journal, July 22, 2005)
- Assembly Bill Represents Legislative Bid to Skirt Proposition 64
Critique of AB 528 which puports to create a private right of action for enforcing a broad range of state laws. (Los Angeles Daily Journal, May 20, 2005)
- Bill Misses Mark, Gives Plaintiffs Too Much Ammo
Critique of AB 1700 which would act to nullify confidentiality agreements in litigation. (Los Angeles Daily Journal, May 05, 2005)
- 1st DCA Falls Out of Step With Voters, Intent of Prop. 64
Analysis of Court of Appeal cases interpreting Proposition 64. (Los Angeles Daily Journal, March 17, 2005)
- Voice of Legal Scholar Coke, Circa 1600, Applies in 2005
Discussion of the life and legacy of Sir Edward Coke, 1552-1634. (Los Angeles Daily Journal, February 09, 2005)
- Insurers Take Fall for Workers’ Compensation System Flaws
(Los Angeles Daily Journal, December 30, 2004)
- Schools Need More-Sensible System Than Zero Tolerance
(Los Angeles Daily Journal, November 15, 2004)
- Financial Elder-Abuse Law Harms Victims It Should Protect
How California's Elder Abuse law acts to hinder elder's investment choices. (Los Angeles Daily Journal, October 20, 2004)
- Initiative Is Sensible Attempt to Rein In a Terribly Problematic State Law
Analysis of California's Proposition 64. (Los Angeles Daily Journal, September 23, 2004)
- The State Bar of California
- American Bar Association
- Los Angeles County Bar Association