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Michael Newman is a litigator with a broad practice that includes employment litigation, insurance coverage disputes, bad faith liability actions, insurance regulatory matters, trade secret, and contractual disputes.  Mr. Newman advises and defends insurance clients in matters involving the alleged bad faith denial of benefits on life, disability, long-term care, workers compensation and health insurance policies.  He has also worked on behalf of insurance clients in regulatory matters involving the California Department of Insurance. Mr. Newman also counsels and represents business clients (both in and out of the insurance industry) in actions alleging violation of employment laws and in matters involving alleged misappropriation of trade secrets. 

Professional Background

Mr. Newman joined Hinshaw & Culbertson LLP in October 2014 as a result of the merger of Hinshaw and the Los Angeles-based firm of Barger & Wolen LLP.  Mr. Newman joined Barger & Wolen in 2001.

Professional Affiliations

  • The State Bar of California, Member
  • American Bar Association, Member
  • Los Angeles County Bar Association, Member

Honors & Awards

  • Phi Beta Kappa

Representative Matters

A selection of Mr. Newman's representative matters includes:

  • 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  • Established on summary judgment that life insurance had been properly rescinded by insurer, based on insured misrepresentations regarding income and net worth; affirmed by the Ninth Circuit Court of Appeal.

Presentations

Mr. Newman speaks at conferences and seminars regarding insurance and litigation issues. Some of his presentations include:

  • "Weekly Appellate Report Podcast: Hotel Worker Wage Order escaping NLRA Preemption," Daily Journal, September 2016.
  • "Misclassification: Employee or Independent Contractor? The Risks of Getting It Wrong," national webinar, Hinshaw & Culbertson LLP, October 2015.
  • "Mitigating the Potential for Punitive Damages and Responding to Punitive Damage Claims When They Arise," American Conference Institute, 2012 Bad Faith Litigation Conference, Orlando, Florida, November 2012. 
  • "Discovery: Limiting its Scope, Responding Efficiently to Expansive Orders, Protecting Privileges, Preparing Company Witnesses for Depositions and More," American Conference Institute, 22nd National Advanced Forum on Bad Faith Litigation, Orlando, Florida, November 2011.
  • Panelist on Bad Faith Litigation, at American Conference Institute, 21st National Advanced Forum on Bad Faith Litigation, Orlando, Florida, November-December 2010.

Publications

Mr. Newman has been a regular guest columnist for various magazines and newspapers, both online and print, including Inside Counsel, Financier Worldwide Magazine, Los Angeles Daily Journal and the San Francisco Daily Journal. He has been interviewed and quoted in a number of publications, including Risk & Insurance, Human Resource Executive Online and Thomson Reuters The Knowledge Effect. In addition, Mr. Newman has been engaged to write book reviews, opinions and analysis of both current and historical legal issues. He was a co-editor of Barger's employment law blog. A selection of his publications includes:

  • "Defending Insurers in Rescission Actions," For the Defense, August 2016.

  • "In Insurance Bad-Faith Suits, the ‘Genuine Dispute’ Doctrine Continues to Thrive," Westlaw Journal Insurance Coverage, November 20, 2015.

  • "Small, But Not Able, Updates to Insurance Law in 2014" Los Angeles Daily Journal, San Francisco Daily Journal, December 23, 2014.
  • "Hold the Cellphone! Who Pays If It’s Work?" Los Angeles Daily Journal, San Francisco Daily Journal, August 19, 2014.
  • "MICRA'S Big Deception," Los Angeles Daily Journal, San Francisco Daily Journal, May 29, 2014.
  • "Compliance: Making Sense of the Myriad Tests for Independent Contractor v. Employment Status," InsideCounsel, January 15, 2014.
  • "Avoiding Liability Under the ‘Disparate Impact’ Doctrine," "Global Reference Guide 2012: Employment and Human Resources," Financier Worldwide, July 2012.
  • "Life Insurance Contract," Chapter 21 (Revised), California Insurance Law and Practice, LexisNexis Matthew Bender, 2011.
  • "For the Government, Transparency and Accountability Is a One-Way Mirror," Los Angeles Daily Journal, San Francisco Daily Journal, August 9, 2010, posted with the permission of Daily Journal Corp., 2010.
  • "Claims Processing and Investigation," Chapter 12 (Revised), California Insurance Law and Practice, LexisNexis Matthew Bender, June 2010.
  • "New Law Protects Frivolous Actions," Los Angeles Daily Journal, San Francisco Daily Journal, February 19, 2010, posted with the permission of Daily Journal Corp., 2010.
  • "The Bizarre Law That Punishes the Kindness of Strangers," Los Angeles Daily Journal, San Francisco Daily Journal, March 3, 2009, posted with the permission of Daily Journal Corp., 2009.
  • "Messing With a Time-Tested Method," Los Angeles Daily Journal, San Francisco Daily Journal, September 29, 2008.
  • "Failing the First Amendment," Los Angeles Daily Journal, San Francisco Daily Journal, September 4, 2008.
  • "Reforming Class Action," Los Angeles Daily Journal, San Francisco Daily Journal, November 20, 2007.
  • "Guns, Blood and Gavels – Profile of California Chief Justice David S. Terry (1823-1889), Los Angeles Daily Journal, San Francisco Daily Journal, February 14, 2007.
  • "Preventing Abuse of Tort Litigation Means Fixing Laws," Los Angeles Daily Journal, San Francisco Daily Journal, December 7, 2006.
  • "Attorney-Fee Measure Would Corrode Government Integrity," Los Angeles Daily Journal, San Francisco Daily Journal, September 21, 2006.
  • "For the Sake of Workers, Employers Need Freedom," Los Angeles Daily Journal, San Francisco Daily Journal, April 13, 2006.
  • "Legislature Needs to Unwrite Jury Waiver Paradox," Los Angeles Daily Journal, San Francisco Daily Journal, April 3, 2006.
  • "Proposition 79 Will Hamper Development of New Drugs," Los Angeles Daily Journal, San Francisco Daily Journal, August 22, 2005.
  • "Roe Propels Blackmun’s Improbable Journey," Los Angeles Daily Journal, San Francisco Daily Journal, July 22, 2005.
  • "Assembly Bill Represents Legislative Bid to Skirt Proposition 64," Los Angeles Daily Journal, San Francisco Daily Journal, May 20, 2005.
  • "Bill Misses Mark, Gives Plaintiffs Too Much Ammo," Los Angeles Daily Journal, San Francisco Daily Journal, May 5, 2005.
  • "1st DCA Falls out of Step With Voters, Intent of Prop. 64," Los Angeles Daily Journal, San Francisco Daily Journal, March 17, 2005.
  • "Voice of Legal Scholar Coke, Circa 1600, Applies in 2005," Los Angeles Daily Journal, San Francisco Daily Journal, February 9, 2005.
  • "Insurers Take Fall for Workers’ Compensation System Flaws," Los Angeles Daily Journal, San Francisco Daily Journal, December 30, 2004.
  • "Schools Need More-Sensible System Than Zero Tolerance," Los Angeles Daily Journal, San Francisco Daily Journal, November 15, 2004.
  • "Financial Elder-Abuse Law Harms Victims It Should Protect," Los Angeles Daily Journal, San Francisco Daily Journal, October 20, 2004.
  • "Initiative Is Sensible Attempt to Rein in a Terribly Problematic State Law," Los Angeles Daily Journal, San Francisco Daily Journal, September 23, 2004.

Blog Posts

Personal

In his youth, Mr. Newman was a nationally competitive fencer, specializing in foil. In 1990, he represented the United States in the four-person Youth National Fencing Team that traveled to and competed in Recklinghausen, Germany. In 1992, Mr. Newman secured gold medals as the U.S. High School National Fencing champion and Pacific Coast Champion.

In his spare time, Mr. Newman enjoys spending time with his family. He is an omnivorous reader, and enjoys music that ranges from 14th Century isorhythmic motets to John Coltrane.

Education

J.D., University of California, Los Angeles School of Law, 1999

  • Chief Comments Editor, UCLA Law Review

B.A., University of California at Berkeley, 1996

  • Phi Beta Kappa

Admissions