Photo of Hilda Akopyan

Hilda Akopyan

Hilda focuses her practice on the areas of general liability, mass torts, products liability, commercial litigation, employment law, and real estate. Her counseling practice includes defending employers in state and federal court in matters involving allegations of wrongful termination, discrimination, retaliation, harassment, and wage and hour disputes. She also works closely with clients in pre-litigation to advise them of their best course of action to avoid litigation, when possible.

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Themis, Greek goddess of justice, holding scales in front of a courthouse

The proper allocation of the burden of proof during closing arguments is a recurring issue in civil litigation. On August 19, 2025, the Illinois First District Court of Appeals affirmed the trial court’s decision to grant a new trial in Harrell v. City of Chicago, offering important guidance regarding improper burden shifting during closing arguments. 2025 IL App (1st) 240119, ¶ 83. The ruling makes clear that while parties may highlight unrebutted evidence, only defendants may highlight when an expert was not retained to rebut or prove a specific element of the case.

In August 2025, the Ninth Circuit affirmed a district court’s decision to exclude an expert’s causation opinion as unreliable and grant summary judgment in favor of a herbicide manufacturer. The case, which arose from claims that exposure to an herbicide caused the plaintiff’s blood cancer, underscores the critical importance of rigorous and well-supported expert analysis in toxic tort litigation and the judiciary’s gatekeeping role under Federal Rule of Evidence 702.1

Background – Public Health and the Need for Employer Accountability

Senate Bill 20, also called the Silicosis Training, Outreach, and Prevention (STOP) Act, was signed into law by Governor Newsom on October 13, 2025.1 Senator Caroline Menjivar is on the forefront of this battle to avoid preventable injuries and illnesses by enforcing proper safety measures at fabrication shops.

The bar is rising for the developers of generative artificial intelligence (AI) platforms and other companies that utilize generative AI in public-facing applications. As AI becomes more integrated into everyday products and services—and as litigation involving these uses evolves—avoiding legal liability and maintaining regulatory compliance will be something of a moving target but one that the industry will need to follow closely.

Relevant History

On December 29, 2023, the California Occupational Safety and Health Standards Board instituted an emergency regulation to address occupational exposure to respirable crystalline silica. This regulation addressed additional safety requirements for businesses involved in cutting engineered stone, improved monitoring for workplace sites, and increasing the ability for workers to report non-compliant employers. These emergency regulations became permanent in February 2025.

California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, has long been a significant regulatory framework for businesses operating within the state. Over the summer, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to its safe harbor warning requirements for consumer products which have sparked considerable discussion among business owners and industry stakeholders.

Workplace inspection

The Occupational Safety and Health Administration (OSHA) “walkaround” rule went into effect on May 31, 2024. The rule is controversial, to say the least, and even before its effective date, it was targeted by industry and trade groups, with perhaps the most high-profile of these efforts being a federal lawsuit in Texas filed by the U.S. Chamber of Commerce, the National Association of Manufacturers, and Associated Builders and Contractors, Inc., among other plaintiffs.