Can California Associate Attorneys Be Disciplined For Their Boss’s Misconduct?
2/27/19
By: Gregory Fayard
The answer to this question is yes, in certain circumstances. In November 2018, after 29 years, California enacted new rules of professional conduct for lawyers. The new rules have some major changes from the old rules. One …
What Constitutes a Reasonable and Defensible Process?
2/27/19
By: John Goselin
Society has coalesced around the general principle that businesses, governments or individuals in possession of personal confidential information (whether medical or financial) or personal identifiable information have a duty to protect that information from cyber bad guys …
NLRB Decisions are Trending Pro-Employer
2/27/19
By: Amy C. Bender
The National Labor Relations Board (“NLRB”) under the Trump administration is showing a return to more conservative, employer-friendly interpretations of the laws regarding employees’ rights to engage in concerted activity to improve wages and working conditions. …
The Supreme Court Sets Groundwater Pollution in its Sights
2/20/19
By: Ze’eva Kushner
Yesterday, the United States Supreme Court decided to hear an appeal from the Ninth Circuit’s decision in Hawai’i Wildlife Fund et al. v. County of Maui, 886 F.3d 737 (9th Cir. 2018). The Supreme Court will …
Latest FINRA Rules to Regulate Expungement Actions
2/19/19
By: Margot Parker
FINRA recently announced its approval of enhanced training and guidance for arbitrators hearing expungement requests, an issue under increasing scrutiny as over 90% of such actions are currently granted. The proposal is now under review by the …
Cal. Attorney Sanctioned $50,000 for Reckless and Malicious Conduct at Deposition
2/18/19
By: Jenny Jin
A California Court of Appeal upheld a $50,000 sanction against an attorney based on conduct at a deposition.
On February 4, 2019, the Court of Appeal issued its opinion in the case Anna Anka v. Louis Yeager.…
Phony Fakes Fall (Allegedly)
2/15/19
By: Kevin Stone
The fictional Mike Moffitt famously called Jerry Seinfeld a phony. The reasons remain unknown. A non-fictional New Jersey man, however, appears to be a bona fide phony. Surveillance video of a company breakroom appears to capture the …
Serving That Whiskey Might Be Risky – Liability Of Social Hosts In DUI Accidents
2/15/19
By: Stacey Bavafa
Under California Civil Code Section 1714, social hosts and other third parties may be held to be partially liable in the event of a drunk driving accident depending on the circumstances that led up to the accident. …
Best Practices for HOA Elections
2/13/19
By: Charles McCurdy
In California, as communities with HOAs have proliferated, so has the thicket of statutes, rules and regulations that apply to their operations. For example, just holding an election for an HOA’s Board of Directors implicates California’s Civil …
Waiving the Right to Remove State Court Actions
2/13/19
By: Justine Baakman
Boilerplate Demands for Relief in Pennsylvania Complaint Alone Sufficient to Support an Amount in Controversy Exceeding $75,000
The Eastern District Court of Pennsylvania recently held that one may waive the right to removal to federal court even …
Ninth Circuit Tightens FCRA Disclosure Requirements
2/12/19
By: Matthew Foree
Ninth Circuit Holds Combining State and Federal Disclosures Violates FCRA’s Standalone and Clarity Requirements
The Court of Appeals for the Ninth Circuit recently issued a decision regarding the disclosure requirements under the Fair Credit Reporting Act (“FCRA”). …
City Hacks – Atlanta’s 2018 Cyberattack and the Growing Need for Cyber Liability Insurance
2/12/19
By: Matthew Weiss
Already a growing area of liability insurance for businesses, the importance of cyber insurance for local governments came to the forefront last March when the City of Atlanta suffered a malware attack in which its computer networks …