Ellen London Presents MCLE on Whistleblower-Reward Programs for Bar Association of San Francisco

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Ellen London attended the 2025 Labor and Employment Law Conference, hosted by The Bar Association of San Francisco, at the historic Ahwahnee Hotel in Yosemite, California. At the Conference, Ellen London, Jane Mackie, and Ari Yampolsky gave an MCLE presentation on February 8 titled “Rewards for Some, Risks for Others: What Every Employment Lawyer Should Know about Whistleblower-Reward Programs,” moderated by Jeff Osofsky, in which they discussed aspects of Whistleblower-reward programs that employment lawyers should be especially attuned to, including anti-retaliation provisions that protect individuals who come forward, the enforceability to releases in post-employment agreements, and best practices for compliance programs.

 

Ellen London Presents CLE on Ethics for Bar Association of San Francisco

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Ellen London, Lily Becker, and Sharon Frase gave an MCLE presentation on January 30 titled “Ethics in Action – Client, Company, and Counsel Collide” at the 2025 Solo & Small Firm Annual Conference, hosted by the Bar Association of San Francisco, in which they discussed ethical dilemmas that may arise at different stages of litigation and how practitioners can navigate them.

Rachel Naor and Michael Lundholm Present CLE for the Beverly Hills Bar Association

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Rachel Naor and Michael Lundholm gave a CLE presentation on December 12 for the Beverly Hills Bar Association regarding key distinctions between state and federal privilege law. The presentation covered the differences between the treatment of invoices, retainer agreements, and tax returns under California state and federal law, and provided tips to practitioners. The presentation drew over 80 attendees.

Rachel Naor and Michael Lundholm Publish Article in Journal of the Litigation Section of the California Lawyers Association

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In August, Rachel Naor and Michael Lundholm published an article in the Journal of the Litigation Section of the California Lawyers Association on the key distinctions between California state and federal privilege law. The article focuses on three distinct areas where California and federal courts take different approaches to the application of the attorney client privilege. The article can be found here.

Ellen London Presents CLE on Customs Fraud for the New York State Bar Association

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NYSBA Justice scales

Ellen London and Li Yu gave a CLE presentation on July 10 on the False Claims Act in the context of customs fraud, which was sponsored by the New York State Bar Association, Commercial and Federal Litigation Section, Civil Prosecution Committee, in which they discussed the basics of customs fraud cases, some trends, and tips for practitioners.

Ellen London and Rachel Naor Attend AWI Annual Conference

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Ellen London and Rachel Naor were fortunate to participate in this year’s annual conference of the Association of Workplace Investigators, which drew over 400 workplace investigators from around the country to Scottsdale, Arizona, to learn and network. Ellen and Rachel enjoyed connecting with other workplace investigators and attending the Conference’s informative and insightful presentations.

Benchmark Litigation has named Shareholder Ellen London as a “Future Star” for 2023

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Ellen London Benchmark

This recognition is awarded to attorneys who were chosen by peers and clients and are building their reputations in the market. They are also deemed likely to be noted as a “Litigation Star” in upcoming editions of the prestigious guide. Ellen, a decorated former Assistant United States Attorney in Manhattan and San Francisco, is a go-to litigator and trusted advisor to companies and executives, covering areas such as the False Claims Act and other government and internal investigations.

Benchmark Litigation is the definitive guide to the world’s leading litigation firms and lawyers. They provide law firm and lawyer rankings based on extensive interviews with litigators, dispute resolution specialists, and their clients, as well as analysis of the market’s most important cases and firm developments.

Dress for Success

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Totally Social

London & Stout was thrilled to be one of the sponsors of Gather Social Club’s networking event to support Dress for Success on May 25. Shareholder Rachel Naor attended the event, which was held at the Capital One café in San Francisco. The event brought together a large group from diverse sectors, including tech, venture capital, and law, who came together to network and support Dress for Success, a nonprofit that empowers women to achieve economic independence.

Rachel Naor Becomes Co-Convenor of AWI Oakland Local Circle

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Rachel Naor of London & Naor P.C.

Rachel Naor recently became a co-convenor of the AWI Oakland Local Circle. The Local Circle is a group of local investigators who meet every other month to network and discuss topics of general interest and concern to workplace investigators. As a co-convenor, Rachel and a partner identify areas of interest for the group and lead group discussions.

New False Claims Act Publication

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Ellen London and Li Yu recently published an article in Law360 entitled “Emerging Trends in Electronic Health Record Enforcement,” which analyzes the increasing application of the False Claims Act to issues arising from the use of electronic health records, and which provides tips for practitioners.

Rachel Naor Elevated to Shareholder

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Rachel Naor of London & Naor P.C.

London & Stout is pleased to announce Rachel Naor’s elevation to shareholder. Rachel joined the firm in 2021, and her practice has focused on complex civil litigation and internal and government investigations. Rachel serves clients in a variety of industries, including technology, insurance, education, energy, and utilities. A tireless advocate for her clients, Rachel brings to bear more than a decade of experience successfully representing plaintiffs and defendants in high-stakes matters both with the firm and at two international law firms. Since joining the firm, Rachel has played key roles in wildfire litigation, sensitive internal investigations, and litigation resulting from mergers and acquisitions, among other matters.

Rachel graduated from UCLA School of Law, where she served as Managing Editor of the UCLA Law Review, and from U.C. Berkeley phi beta kappa. She is an active member of the Association of Workplace Investigators and of the Women’s White Collar Defense Association San Francisco chapter. Rachel has been named a Rising Star by Super Lawyers in 2020, 2021, and 2022.

Updates on Materiality Under the False Claims Act

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Shareholder Ellen London, along with Li Yu (with whom Ellen worked when she and Li were Assistant United States Attorneys in the Southern District of New York) have recently published an article in Law360 on developments on the issue of materiality under the False Claims Act (FCA Takeaways From Courts’ Recent Approach To Escobar – Law360). In addition, Ellen and Li presented on this topic to a group of practitioners who focus on white collar defense, government investigations, and whistleblower representation on December 9, 2022.

Recent Publications from the Team

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We are excited to have recently published two articles in legal publications. Ellen London co-authored an article with Li Yu entitled “Weighing Risk and Reward of Cooperating in FCA Civil Cases,” in Law360 (Weighing Risk And Reward Of Cooperating In FCA Civil Cases – Law360), and Rachael Naor published an article in the California Litigation journal entitled “The Crest Opinions: Impeding Legislative Efforts to Diversify Corporate Boards” (Diversity, Equity, and Inclusion – Fall 2022 (calawyers.org).

Ellen London Joins as Shareholder

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We’re excited to announce that Ellen London has joined the firm, now known as London & Stout P.C. Ellen, a decorated former Assistant United States Attorney in Manhattan and San Francisco, is a go-to litigator and trusted advisor to companies and executives. Ellen brings a creative, pragmatic, and focused approach to the firm as well as deep experience in complex areas such as the False Claims Act, Anti-Kickback Statute, FOIA, FIRREA, and internal and government investigations. Ellen is widely admired in the Bay Area legal community for her intellect and integrity.

Federal Court Grants London & Stout’s Motion to Dismiss Securities Fraud Complaint with Prejudice.

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On December 3, 2021, the Honorable R. Gary Klausner of the U.S. District Court for the Central District California granted the firm’s motion to dismiss a third-party securities fraud complaint against our client with prejudice. After being sued for a scheme to defraud investors, a group of defendants attempted to evade responsibility by shifting blame to our client.

Consistent with our general approach, we immediately looked for the most efficient path to victory for our client. Within days of being retained, we filed a motion to dismiss the third-party complaint as fundamentally flawed in incurable ways. Adopting our reasoning—and agreeing that any effort to amend would be futile—the court dismissed the third-party complaint without leave to amend as procedurally improper and untimely. We are proud to have achieved vindication for our client quickly and efficiently.

Tom Stout Wins Compassionate Release from Federal Prison for Pro Bono Client

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On March 26, 2021, the Honorable Claria Horn Boom of the U.S. District Court for the Eastern District of Kentucky granted Tom Stout’s motion for compassionate release on behalf of an immunocompromised federal inmate in a matter handled by the firm pro bono. Our client was sentenced to 98 months in federal prison in 2018 for a non-violent drug offense. Despite being in the CDC’s highest risk category for complications from COVID due to multiple medical conditions and having no history of violent conduct, the Bureau of Prisons denied our client’s request for compassionate release then failed to either protect him from contracting COVID or properly treat him once he did. In fact, BOP was so overwhelmed by the volume of prisoners with COVID at the facility holding our client that it stopped performing tasks as basic as recording their daily vital signs.

After expressing “grave concerns about the BOP’s ability going forward to prevent reinfection or to address additional health risks stemming from his previous COVID infection,” the court proceeded to adopt our arguments that our client’s sentence warranted reconsideration due to the unusually harsh conditions during the COVID pandemic, the absence of any history of violent conduct, and the rehabilitative steps he took while in custody.

FINRA Escalates Unit Investment Trust Short Term Trading Enforcement

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With FINRA announcing its largest enforcement settlement of 2020 last Wednesday with Stifel, Nicolaus & Co. for short term trading of Unit Investment Trusts (“UITs”), now is a good time to catch up with recent FINRA enforcement activity and the progress of one of its enforcement priorities over the last several years.

First, some recent history. The Stifel settlement appears to be the culmination of a four-year long push by FINRA to rein in firms it views as engaging in unsuitable short-term trading of UITs and other long-term investments.

Rachel Naor attends ABA Women in Litigation Conference

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Rachel Naor was thrilled to participate in the ABA Women in Litigation Conference, which brought together female litigators, neutrals, and judges from across the country for three days in San Diego, California. Rachel recently joined the ABA Litigation Section’s Women Advocate Committee, one of the committees who presented the conference. Rachel enjoyed meeting litigators from a diverse array of firms, and learning from the esteemed attorneys and judges who participated in the informative panel discussions.