Anna Barcus Allen Becomes WTJ Partner

Headshot of Anna Barcus Allen

Since the Summer of 2019 when Anna Barcus Allen came to WTJ from Baker, Manock and Jensen, Anna has been an essential part of the WTJ transactions team. She is extremely knowledgeable in many areas, with extensive experience counseling clients and negotiating through various matters pertaining to business, real estate, employment, agriculture, corporate governance, finance, and healthcare. Anna’s achievements were affirmed in 2018, when she was first selected for inclusion in the Northern California Rising Stars list. She has been selected every year since. There is no question that Anna is a leader in her areas of practice, someone clients trust, and an attorney WTJ is proud to call a Partner.

Outside of the Office

When Anna isn’t hard at work helping her clients, she serves as Director and Vice President of Katey’s Kids—a foundation dedicated to helping children in the community through literacy, education, and community development. She is also the Director of Exceptional Parents Unlimited—an organization created to provide services for the parents of children with special needs. She has also served as President of Fresno County Young Lawyers’ Association. In her free time, Anna enjoys traveling, wine tasting, relaxing on the Kings River with her husband and spending time with their dogs.

We are excited to announce Anna as a Partner at WTJ, and we look forward to many more years of her dedicated service to our clients. Congratulations, Anna!

Former Administrative Presiding Justice Ardaiz Retires from Law Practice

James Ardaiz Headshot

After a long and prestigious career, Presiding Justice James A. Ardaiz is retiring from the active practice of law and from WTJ, the firm where he spent his final years as a highly successful litigator, mediator and arbitrator. Prior to returning to the courtroom as a litigator, he retired from a longstanding career in public service as Chief Deputy District Attorney in charge of Homicide prosecution in the District Attorney’s Office, a trial judge and ultimately as Presiding Justice of the Court of Appeal where he served as one of only six Administrative Presiding Justices governing the state appellate courts. During his tenure as an appellate jurist, he helped craft several monumental, impactful and highly regarded decisions. Mr. Ardaiz returned to private practice with a zeal and intellectual tenacity that thrust him into the upper ranks of trial attorneys who handle significant, complex cases, achieving several of the largest verdicts in the Central Valley of California. WTJ was extremely fortunate and honored to have had such an experienced, distinguished attorney as part of the team.

Judicial Career

During his decorated, 30-year career as a judge, Justice Ardaiz served at every level of the state judiciary, including as Pro Tempore Justice of the Supreme Court on multiple occasions. Early on in his career, he was one of the youngest lawyers in the State of California to achieve the designation of Chief Deputy District Attorney in charge of homicide cases. Elected to the Municipal Court in 1980 at the age of 32, he served as a trial judge with two terms as Presiding Judge. In 1985, he was appointed by Governor Deukmejian as a Superior Court Judge, where he served as a general trial judge with one term as Criminal Presiding Judge. Then, in 1989, he was nominated by Gov. Deukmejian to the Fifth District Court of Appeal. In 1994, by the nomination of Gov. Pete Wilson, he became Administrative Presiding Justice of the Fifth District Court of Appeal. During his tenure, he authored more than 2,000 appellate opinions and participated in over 6,000 cases. Justice Ardaiz served on the California Judicial Council, including a term as Chair of the Executive Committee of the Judicial Council replacing Ronald George upon his appointment as Chief Justice.  He was selected as California Jurist of the Year for his successful negotiation with over 120 unions of legislation to create a new personnel system for the trial court employees of California which Chief Justice George proclaimed as “a monumental achievement” necessary to securing a system of trial court funding for the 58 counties of the State judicial system.

Private Practice & Continued Service

Justice Ardaiz retired from the judiciary in 2010 and re-entered private practice as an arbitrator/mediator, ultimately acting in the role of general counsel to a major California-based developer and farmer, in addition to continuing to build his dispute resolution practice. In 2015, he advised on a matter for that client on an appeal from a $78 million verdict.  The appeal on which he advised resulted in a complete reversal for the client. He acted as co-counsel of Sweetwater Unified School District v Gilbane before the California Supreme Court resulting in successful resolution on behalf of his client, Sweetwater and as consultant on Bolger v Amazon resulting in application of product liability against Amazon.  In 2016, he reentered the courtroom as a trial lawyer and, with his co-counsel, obtained a $25 million bad faith title insurance judgment (Top 100 Verdicts in America, 2016). In 2017, he went on to litigate an eminent domain matter for a client wherein he obtained a settlement with the State of California resulting in an aggregate award worth $59 million, including a $40 million monetary settlement and $19 million valued property resolution. In short, his “retirement” from the bench led to an extremely successful civil practice wherein he participated successfully in litigating several high dollar matters for some prestigious California clients.

Justice Ardaiz went on to join WTJ in 2019, bringing decades of experience in a variety of areas including business, personal injury, governmental policy, dispute resolution and land/water use matters. In 2021, he book-ended his career by co-trying two major cases to verdict successfully alongside WTJ Partner Marshall Whitney and another of his former law partners. His final trial resulted in a jury verdict of $88,800,000.

Over the years, Justice Ardaiz also dedicated his time to education, serving as a frequent instructor at the California State Judicial College at Berkeley, CA, teaching judges on the subjects of trial practice, judicial decision making, evidence, and administration. He also served as a lecturer at the national level in judicial administration and evidence, as well as acted as a consultant to the Federal Bureau of Investigation with respect to DNA evidence. In addition to his judicial and legal accomplishments, Justice Ardaiz found time over the years to become a published author in the field of law, non-fiction, and fiction, authoring one work of non-fiction, and three works of fiction as well as co-authoring a text on California evidence.  He has also drafted numerous articles on legal policy and legal humor, acted as a frequent speaker on judicial policy, and in his remaining free time paints for leisure and spends time with his adult children and grandchildren.

A Lifetime of Service

As Justice Ardaiz steps away from WTJ, he is excited to spend more time with his family, his wife of 51 years, Pamella , his three children and five grandchildren. On top of all of his accomplishments and recognitions, he is also a trained oil and watercolor artist who creates portraits and still-life artwork in his free time. He is looking forward to the opportunity to spend more time on his art and continue writing. WTJ is honored to recognize Justice Ardaiz for his incredible career and wish him the very best in his retirement.

Jessica Thomason Becomes an Associate

Headshot of Jessica Thomason

The WTJ team stepped out of the office on Friday, December 3, 2021, to celebrate our own Jessica Thomason. She passed the California Bar Exam and was sworn in by retired Justice Stephen J. Kane in front of her friends, family, and colleagues. Jessica’s passion and dedication to our clients make her an integral part of our team of attorneys. We look forward to her continued success with our firm. Congratulations, Jessica!

Two images depicting Jessica Thomason being sworn in as a WTJ associate by retired Justice Stephen J. Kane.
Jessica Thomason with retired Justice Stephen J. Kane as she becomes a WTJ associate

Announcing the Elevation of Courtney McKeever & Kristi Marshall

WTJ is fortunate to be comprised of people who are wholeheartedly committed to serving clients and supporting colleagues. As our firm continues to grow and evolve, it is our privilege to elevate the members of our team who have become respected leaders in the community and industry, in addition to being leaders in our office. WTJ is therefore proud to announce Courtney McKeever and Kristi Marshall as its newest equity partners.

This means that WTJ is now the only boutique business law firm in the Central Valley that is majority-owned by women, which is an especially significant milestone considering three of the four female equity partners are under 40.

Meet Kristi Marshall

WTJ Law Firm - Kristi Marshall

Prior to joining WTJ, Kristi was a Partner in the Professional Liability and Business Litigation Practice Groups of McCormick Barstow where she started her legal career as a Summer Associate in 2009. Kristi has successfully taken several cases through arbitration, trial, and appeal on behalf of her clients and truly enjoys being in the courtroom.

Kristi has handled a variety of matters and focuses heavily on civil litigation. Her main focuses are on professional malpractice defense, public entity representation, and commercial litigation, including trade secrets, fraud, defamation, breach of contract, unfair business practice, corporate and partnership dissolutions, as well as land use matters. Kristi also regularly advises government and private entities on legal issues in an effort to help clients implement litigation prevention strategies.

Kristi’s favorite pastime is spending time with her four children and husband, Ryan, who is also an attorney in town. On any given weekend, you can catch the whole family spending time outside—usually traveling, boating, hiking, skiing, attending sporting events, or wine tasting.

Learn more about Kristi in her bio.

Meet Courtney McKeever

Courney McKeever Headshot

Courtney McKeever came to WTJ after more than seven years at Baker Manock & Jensen, PC, where she was a Partner. Prior to that, she worked in the corporate and securities department for a large international firm. Courtney’s areas of expertise include real estate, general business law, ag business, entity formation, and business sales and acquisitions. She regularly assists her clients with the sale, acquisition, and/or lease of agricultural, commercial, and industrial properties. Courtney has represented clients in large and small business sales and mergers. She also helps her business clients with day-to-day business contracts of all types.

In her free time, Courtney loves running and spending time with her husband and kids hiking, playing at the beach, or wine tasting.

Learn more about Courtney in her bio.

WTJ Welcomes Summer Associates

Headshots of 2021 summer associates Brodie Surfus and Jaskarn Chahal

WTJ was proud to welcome two hardworking Central Valley natives, Brodie Surfus and Jaskarn Chahal, as Summer Associates between May and August of 2021.  We are even more excited to announce that both accepted full-time post-bar offers at the end of their summer tenure.

Brodie grew up in Visalia, and has been attending UCLA School of Law. He is on track to graduate in the spring of 2022, and will then take the California Bar Exam.

Originally from Fresno, Jaskarn (“JC”) Chahal is currently attending Loyola Law School, Los Angeles. He is currently finishing up his law classes as he prepares to take the California Bar Exam after graduating in the spring of 2022.

Both Brodie and Jaskarn plan to practice business litigation and will re-join the WTJ team after completion of the summer 2022 bar. We are thrilled to welcome Brodie and Jaskarn permanently to WTJ in 2022!

A New Address, a Better WTJ Experience.

970 W. Alluvial Ave
Fresno, CA 93711

Since its inception, WTJ has strategically grown to enhance its team and allow it to provide additional services to its clients. WTJ is excited to announce that it is moving to a new location that will enhance its commitment to a collaborative approach to serving its clients that results in excellence. WTJ looks forward to serving its clients in its new home.

2021 Minimum Wage Increases and Agricultural Overtime Changes

An earnings statement document with a calculator and pen on a desk

Attention All Employers!

Please note the below changes to California minimum wage and overtime requirements coming into effect in 2021. As always, the WTJ team is available for any and all employment questions as you prepare to enter a new (and hopefully better) year.

A wage, salary, and overtime chart comparing organizations under and over 25 employees

*The overtime limit for small ag employers (25 or fewer employees) remains at 10 hours in a work day and 60 hours in a work week for 2021. However, effective January 1, 2022, small ag employers will be required to pay overtime for work days exceeding 9.5 hours or work weeks exceeding 55 hours.

Listen, Learn, Face Change & Find Your Balance

Headshots of Niki Cunningham and Mandy Jeffcoach

From its inception, Whitney, Thompson & Jeffcoach has been a women-owned firm. Fresno business litigation attorneys Mandy Jeffcoach, Niki Cunningham, Marshall Whitney, and Tim Thompson joined together in 2018 with the intention of building a firm dedicated to serving clients with the highest quality of legal representation, while still maintaining a culture that encourages teamwork and a healthy work-life balance.

Two years later, the WTJ team has added a new owner, Carl Refuerzo, and grown from four to 15 attorneys who share the same core values from the start: teamwork, excellence, collaboration, integrity, and dedication. Being a majority-woman-owned business and emphasizing balance and flexibility has remained a priority for the leadership at WTJ, particularly as the community encounters and overcomes unprecedented challenges.

The women at WTJ continue to excel in 2020, despite unusual circumstances and unforeseen challenges. Mandy Jeffcoach was named on the list of 2020 Top 50 Women Super Lawyers, and Niki Cunningham was selected as a 2020 Rising Star. Partners Courtney McKeever and Kristi Marshall were also included on the 2020 Rising Stars list. WTJ’s emphasis on collaboration has created an environment of excellence, and the female leaders at the firm consistently uphold this standard.

Infographic depicting insights on how to build a firm by Mandy Jeffcoach and Niki Cunningha

Insights from Mandy Jeffcoach

One of the biggest challenges females face is balance—particularly now, as we adjust to online schooling and the many other demands of our “new normal.” Females are generally expected to succeed in all things—family, business, friends, community involvement—the list goes on. However, we cannot be everywhere at once. It is necessary now, more than ever before, to find balance and accept that you may not be able to go to every school function or community event (when they resume again) or take every case presented to you. I will admit that as a leader, as an attorney, and as a mom, this has been a very real, personal struggle for me.

Fortunately, my partners and I have always agreed that finding a balance and making family a priority is key to long-term success. When we started WTJ, we made sure to set up our system so that people can work remotely. We also focused on making sure people knew that “one size does not fit all”—our team may need to work different schedules, have unique arrangements, or step away unexpectedly, and we strive to accommodate them and help them succeed.

My partners at WTJ continue to be my most significant professional influence. I have been blessed to work with many of my partners for my entire career. They taught me not only how to be a lawyer, but also how to be a leader. They were always there to answer any question I may have, introduce me to clients and members of the community at events, celebrate my victories, and “brainstorm” my failures so we could make sure they did not happen again. They also showed me the importance of teamwork and how, without a team, you will inevitably fail. Law is organic and always changing, and without a team to work with and bounce ideas off of, I believe there is no growth. That is why our company focuses so much on teamwork—every single member of our team is critical to our clients’ success.

Leadership is likely going to look different in the years to come, as we are asked to adapt to new challenges and solve unique problems. It is going to require flexibility and a willingness to approach things in different ways. The nation is currently in crisis, and it will require leaders who are flexible and willing to see both sides of every issue for things to improve. A true leader understands that there is no right or wrong answer—the best response is usually somewhere in the middle.

I hope that the push for transparency in business will influence people to realize that open communication is crucial. Most issues can be resolved if people just sit down, recognize all sides, and make a decision together. As Albert Einstein said, “The measure of intelligence is the ability to change.” Leadership, particularly as we embark on this journey in our “new reality,” will undoubtedly require a fundamental change in how we address issues and resolve them. I am grateful for my fellow leaders at WTJ, who never shy away from change. When you have a great team, anything is possible.

Insights from Niki Cunningham

As a business owner, attorney, and mother, I have learned so much about leadership, and yet I still learn new things every day. I am grateful for the opportunity to continue to grow and become an even better leader for my partners at WTJ, our clients, and my family. Leadership is hard work, and you will stumble and make mistakes—but that is part of the process. Some of my greatest learning moments have been in my failures. The lessons I carry with me help me every day, and I hope they can help other aspiring leaders, as well.

Surround yourself with good people, and never be afraid to push the envelope. In my experience, taking the easy road is not always the best road. Without good people in your everyday environment, whether that is coworkers, clients, friends, or family, you will not succeed. If there are things that you want to change, push the envelope and see if you can change them. If you realize that things cannot change, do not be afraid to say, “This is not working for me,” and move on. Change can be terrifying, but without it, growth is impossible.

All leaders have different traits and experiences they bring to the table, but three characteristics resonate for me: listen, be patient and treat people the way you want to be treated.

Listen. One of my favorite quotes is, “Listen to understand, not to respond.” With our fast-paced society, many people simply want to get a response out and fail to listen to what the issue really is. A good leader is able to listen and understand, then respond. Something that may seem trivial to you may mean a lot to someone else, and effective listening ensures that people who are important to you always feel heard and understood.

Be patient. Being a leader requires you to slow down and see the bigger picture. A quick reaction can be disastrous if it is solely driven by emotion. Part of being a leader is stepping back and looking at the issue from all angles, reflecting on the potential consequences, and then making a decision. Patience is also part of the mentoring process, as someone new to the industry is not going to have the institutional knowledge others may have. If you do not take the time to teach them what they need to know, they will never succeed.

Treat people the way you want to be treated. I learned this lesson as a child and it has carried with me throughout life. You are bound to encounter people in life that may make decisions that you disagree with, for a variety of reasons. However, that does not necessarily make the decision wrong. Even if the decision was wrong, having empathy for that person and making it known that mistakes are okay will go a lot further than making someone feel bad. (Remember, leaders make mistakes, too!) Above all, it is critical to treat people with respect, listen to them, and recognize that different opinions make our community great.

Families First Coronavirus Response Act

Graphic saying "Families First Coronavirus Response Act"

Understanding Families First Coronavirus Response Act

In response to the COVID19 outbreak, the federal government has passed emergency legislation known as the Families First Coronavirus Response Act (the “Act”), enacted on March 18, 2020. The Act includes, among other things, an emergency expansion of the Family Medical Leave Act (“FMLA”) and paid sick leave, along with an employer tax credit. Whitney Thompson & Jeffcoach, LLC has provided the below summary in order to help our clients navigate the requirements of the Act.

Emergency Family and Medical Leave Expansion Act

The Act amends the FMLA to expand employee eligibility, employer threshold and the definition of a qualifying need.  The amended sections are referred to as the Emergency Family and Medical Leave Expansion Act (“EFMLEA”).

Employee Eligibility and Employer Threshold

All private employers with fewer than 500 employees must allow any employee who has been employed for at least 30 calendar days with a “qualifying need” under the Act, defined below, to take EFMLEA leave. Employees taking EFMLEA leave are entitled to the same 12 weeks of job protected leave provided under FMLA. The first 10 days of EFMLEA leave may be unpaid leave, while the remainder must be paid at no less than two-thirds of the employee’s regular rate of pay. Employers may not require an employee to substitute any accrued paid leave for the unpaid leave. However, employees may choose to use accrued vacation days, sick leave, personal leave, or other available paid leave for unpaid time off. While the Act requires employees taking paid EFMLEA leave receive at least two-thirds of the their regular rate of pay, the Act also states that such paid leave shall not exceed $200 per day and $10,000 in the aggregate. At this time, it is unclear how those two provisions will be reconciled.

The Secretary of Labor has the authority to exempt small businesses with fewer than 50 employees from the requirements of the EFMLEA “when the imposition of such requirements would jeopardize the viability of the business as a going concern.” It is not clear at this time how the Secretary of Labor will apply the exemption.

Qualifying Need for EFMLEA Leave

An employee may take EFMLEA leave when he or she is unable to work (or telework) because they must care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.

Restoration of Employment Position

Employers with 25 or more employees will have the same obligation to restore the employee to his or her position or a position equivalent to that held prior to commencing EFMLEA leave. Subject to certain requirements, employers with fewer than 25 employees are generally excluded from this requirement if the employee’s position no longer exists following the EFMLEA leave as a result of COVID19.

Emergency Paid Sick Leave Act

The Act also provides for an emergency expansion of paid sick leave requirements, referred to as the Emergency Paid Sick Leave Act (the “EPSLA”). Similar to EFMLEA, all private employers with less than 500 employees that are engaged in commerce shall be subject to the EPSLA.

Under EPSLA an employer shall provide each employee (regardless of how long that employee has worked for employer) with additional paid sick time if the employee is unable to work (or tele work) because the employee: (1) is subject to a government quarantine or a COVID19 isolation order; (2)  has been advised by a health care provider to self-quarantine due to concerns related to COVID19; (3) is experiencing symptoms of COVID19 and seeking a medical diagnosis; (4) is caring for an individual who is subject to a COVID19 isolation order or has been advised as described in paragraph (2); (5) is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions; (6) is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

The paid sick time obligations set forth in the EPSLA shall begin on April 2, 2020 and shall end on December 31, 2020. At this time, it is unclear how EPLSA leave shall be treated in conjunction with EFMLEA leave. However, an employer may not require an employee to use the accrued sick time, or any other paid leave provided by the employer to the employee, before using the additional sick time provided under EPSLA. Any additional paid sick time under EPSLA shall not carry over from 1 year to the next and shall not be payable upon employee’s separation from employment.

Duration and Payment of Paid Sick Time

Full-time employees shall receive 80 hours of paid sick leave. Part-time employees shall receive sick time equal to the number of hours that employee works, on average, over a 2-week period. California employers will be required to pay sick time at the employee’s regular rate of pay.  However, again, there is an apparent cap on the wages an employer must pay under EPSLA at $511 per day ($5,110 in the aggregate) for a use described above in items (1), (2), or (3); and $200 per day ($2,000 in the aggregate) for a use described above in items (4), (5), or (6).

Notice Requirements

The EPSLA requires that each employer post a notice of EPSLA requirements in conspicuous places on employer’s premises. Within 7 days of the enactment of the Act, the Secretary of Labor shall prepare and make publicly available a template of a notice that meets the employer’s EPSLA notice requirements.

Employer Tax Credit for Expanded Paid Sick and Paid Family Leave

Through the end of 2020, the Act provides a refundable tax credit for employers equal to 100% of the EPSLA or EFMLEA wages paid by employers for each calendar quarter. The credits are subject to limitations and any credit claimed will increase the gross income of the employer for the taxable year.

WTJ remains committed to its clients and community during this uncertain time. Our team is closely monitoring the regulations and we will do our best to provide timely updates. Read the full Act here.