Simas & Associates, Ltd. Newsletter | October 7, 2016 | Volume IV, Issue 10
Firm Announcement
Simas & Associates, Ltd. Successfully Resolves Bitter Proprietary Information, Contract Dispute

Sacramento, CA — One year ago, such a result was not even imaginable. 

Earlier this month, Simas & Associates, Ltd. received notice from Superior Court that a year-long and acrimonious "divorce" between an advanced technology business and a number of its former executives and professionals had been finalized, as a request for dismissal with prejudice had been entered on the underlying pleadings.

The matter featured speculative claims of misappropriation of trade secrets, customer lists, and proprietary information, and millions of dollars in damages. It also featured cross-claims tied to contracts, disputes about the ownership of proprietary information, and quasi-espionage. 

"Oh boy, this was a big fight right from the get-go," explained Justin D. Hein, Managing Attorney. "I will remember it as it was really the first case brought on primarily by the Santa Rosa office. It involved an ex parte request for a temporary restraining order that needed to be opposed with only about 10 hours of notice from my clients."

The dispute centered around a small group of executives, sales professionals, and hands-on technicians who had grown weary of the direction of management from their employer. This group decided to start on their own, in a different geographical part of the start, targeting a completely different sub-group of their industry. 

"Those in charge of the group were close with those that would remain in management," explained Hein. "And so, their thinking was that this would be no big deal. Just business."

Given the size of their former employer, the competition in the overall industry, and what their intent was in forming their own company, the group thought that their former employer would shrug their shoulders and move-on .They were, unfortunately, wrong.

"It was more like a fly-swatter," continued Hein. "The former employer thought that this was a coordinated action, given the parties involved. They thought that the competition started while they were still working for the employer. And they thought that the group was laying the groundwork of having their existing customers exit, eventually, to their new start-up. And after litigation was met with resistance, it exacerbated their assumptions."

Luckily, a review of the employment contract for each member of the group provided for alternative dispute resolution of employment disputes. 

"Essentially, this boiled down to allegations of a breach of the employment contract," explained Hein. "Some of my clients' counter-claims buttressed that fact. And after successfull petitioning the court for an order to mediate and arbitrate, we got all of the parties to step off the litigation-gas-pedal."

Coordinating the mediation took time. It also resulted in some very beneficial premediation negotiations.

"What really helped both sides," Hein continued, "was stopping the litigation train. It helped both parties reassess their claims. Reassess their actual damages. And reassess the costs - both in attorney fees and encroaching on customers and vendors as deponents and witnesses - were the matter to be actually litigated. It was at that point that the parties likely realized that they were in the proverbial, 'only the lawyers win' situation."

Mediation ended up taking just a single business day.

"The parties actually were able to draft and enter into the settlement agreement with all terms on site," Hein continued. "If anything, the resulting agreement provided both parties with the certainty that had been lacking in the year it took to reach that point. And that certainty was probably the most valuable aspect, if anything."  

For more information on Simas & Associates, Ltd. and its civil litigation services, please visit our website at
Firm Announcement
Simas & Associates, Ltd. Welcomes Daniel J. Tatick to the San Luis Obispo Office

Simas & Associates, Ltd. welcomed its fourth full-time attorney to the fold earlier this year when it hired Daniel J. Tatick. Daniel joined the firm's San Luis Obispo office in August 2016.

Daniel obtained a Bachelor of Science degree in Business Administration with a concentration in Business Law from California Polytechnic State University in San Luis Obispo, and a Masters in Sports Administration from Valparaiso University in Valparaiso, Indiana.  Daniel then earned his Juris Doctor from Thomas Jefferson School of Law in San Diego where he received a Dean’s Merit Scholarship and graduated at the top of his class. Daniel gained immediate civil litigation skills and experience as his first employment opportunity was with a successful personal injury practice in Newport Beach, California, before relocating up to the Central Coast.

In the short time Daniel has been with us, he has brought a refreshing outlook on our law firm and practice areas. Daniel makes it a focus to get to know his clients as closely as possible, almost on a personal level, to help identify their actual goals and fears in the representation. This helps Daniel as a legal educator to his clients, so they feel confident in his leadership of their matter while also making the informed decisions about their direction of their case.

Whether he is involved in claims investigation, settlement negotiations, trial preparation, or inside the courtroom, Mr. Tatick brings his significant legal knowledge, compassion, and strong work ethic to each case and client he represents.

For more information on Simas & Associates, Ltd. and its entire roster of legal professionals, please visit our website at
Client/Vendor of the Month

Meineke Car Care Center
1525-B Holiday Lane
Fairfield, CA 94534
P: (707) 416-2183
Meineke Car Care Center is one of many locally-owned shops led by true care care professionals committed to the Meineke mission and brand. Since its first shop in Houston, Texas in 1972, Meineke has been committed to being affordable while also offering a variety of services to help the customer get back on the road and on with life. This includes oil changes, exhaust and mufflers, brakes, tire and wheels, air conditioning, steering and suspension, batteries, and even driveshaft repairs. 

Whether you need preventative auto maintenance or emergency repair work, Meineke's team is passionate about providing a full range of services.

Simas & Associates, Ltd. appreciates the opportunity to serve as Meineke Car Care Center's general counsel. If you would like to be featured as our law firm’s “Client/Vendor of the Month,” please contact us at
Featured Agency Announcement

Board of Pharmacy Announces New Regulation For Pharmacists to Initiate or Administer Vaccines

Sacramento, CA — The California State Board of Pharmacy announces a new regulation that allows pharmacists to initiate or administer vaccines.

For years, California pharmacists have been authorized to provide vaccines to patients under written protocols developed with a prescriber. The new regulation allows pharmacists with specified training to provide vaccines on their own authority.

The regulation requires specific training and education, notification of health care providers about the immunizations, and document retention for pharmacists who administer vaccines. The regulation became effective August 25, 2016.

The full text of the new regulation – Title 16, California Code of Regulations, section 1746.4 – is available on the Board of Pharmacy website here.

The new provisions include a requirement that pharmacists complete an immunization training program before initiating or administering a vaccine. A pharmacist also must complete one hour of continuing education focused on immunizations and vaccines every two years.
In addition, pharmacists must notify a patient’s primary care provider within 14 days of administering any vaccine; if the patient does not have a primary care provider or cannot provide contact information for a primary care provider, the pharmacist must advise the patient to consult an appropriate health care provider. The regulation also requires pharmacists to notify a pregnant patient’s prenatal care provider, if known, within 14 days of administering any vaccine.

Patients must receive a record of all vaccines administered by the pharmacist, and documentation of each vaccine administered must be maintained in records that are readily retrievable during the pharmacy’s normal operating hours. An example of an appropriate vaccine administration record is available on the Board of Pharmacy website here. In addition, the new regulation requires pharmacists to report the administration of any vaccine to an immunization registry within fourteen (14) days.

The California Department of Public Health (CDPH) has created a website specifically for pharmacists seeking information on how to submit vaccination information to the California Immunization Registry, also known as CAIR.
Featured Blog Entry

Subpoena Witness Does Not Show

What happens when a witness you subpoena to testify at your licensing defense hearing does not show up?

A subpoena is used to compel attendance at a hearing, and a subpoena duces tecum is used to compel production of documents at any reasonable time and place or at a hearing.  Subpoenas must comply with CCP §§1 985–1985.4; Government Code, § 11450.20(a).) The subpoena compels attendance or production by a witness who is a resident of the state at the time of service.

The California Administrative Procedure Act (APA) provides subpoena power to all adjudicating state agencies, presiding officers, and attorneys for parties. (See Government Code, §§ 11450.05–11450.50.) It also provides for use of a written notice to attend in lieu of service of the subpoena, as in civil practice. (See Government Code, § 11450.50; Code Civ. Proc., § 1987.) Thus, if a party wants someone to come testify at their hearing, it has the means to issue a subpoena to order them to do so.

To keep reading this entry, please click here:
Subpoena Witness Does Not Show. For more blog entries from our attorneys and legal staff, please visit our law firm’s official blog – Wit of Mandate.
Word of the Month

Nominal Damages

Nominal damages refers to a damage award issued by a court when a legal wrong has occurred, but where there was no actual financial loss as a result of that legal wrong. It may be coupled with a request for equitable relief. Or, it may be required for purposes of obtaining punitive damages, which are damages designed to punish a defendant, rather than compensate a plaintiff. In other cases, the plaintiff may be suing because he is fighting for a cause, like if he believes his Constitutional Rights are being violated, and is seeking attorney fees.

Typically, the damages awarded to the plaintiff are $1.00.

For more terms related to our practice areas, please visit our law firm’s glossary at - Glossary.
Upcoming Calendar

October 7 -
Happy World Smile Day :)!

October 9 - Fire Prevention Day. Also, the
Chicago Marathon.

October 10 - Columbus Day - offices closed.

October 12 - 
St. Thomas More Society - Red Mass.

October 13 -
Ethical Implications in Drafting Settlement Agreements and Judgments with Wages and Tax Issues by the Sonoma County Bar Association.

October 14 - 
Wiley W. Manuel Bar Association - Legal Fusion.

October 15 - Happy Sweetest Day!

October 16 - Happy Bosses Day!

October 19 -
Schwartz-Levi American Inn of Courts.

October 20 -
Reading Medical Records - A Primer for Attorneys by the San Luis Obispo County Bar Association.

October 23 - Happy Mother-in-law Day! Also,
U.S. Grand Prix. And Bullying Prevention by the San Diego County Bar Association.

October 25 -
MLB World Series Begins. 

October 31 - Happy Halloween!

November 1 - All Saint's Day.

November 2 - All Soul's Day. Also,
SCBA Administrative Law Section Mixer. And Basic Fee Arbitrator Training by the Sonoma County Bar Association.

November 4-
Breeder's Cup.

And a happy birthday to Michaele Simas, celebrating a birthday in October!
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