I CAN’T GET NO, SATISFACTION – The Doctrine of Accord & Satisfaction
2/12/20
By: Stacey Bavafa
There are two conflicting statutes that govern the issue of Accord and Satisfaction in California: California Code of Civil Procedure §1526 and California Commercial Code §3311.
Enacted in 1987, California Code of Civil Procedure §1526 states that …
PA Supreme Court Elevates State Pay Standards Above the FLSA on Fluctuating Work Week
2/12/20
By: Justin Boron
Going forward, Pennsylvania employers should be wary of relying on federal rules for their pay policies.
As a general principle, courts and regulators interpret Pennsylvania’s wage and hour laws consistently with the Fair Labor Standards Act. But …
Watching Where You’re Going – What Drivers should know about Usage-Based Insurance
2/10/20
By: Eric Retter
With the introduction and growth of usage-based automobile insurance (“UBI”), drivers should be aware of the benefits and costs of this new product. Usage-based insurance – sometimes known as pay-per-mile, pay-as-you-drive (“PAYD”) or pay-as-you-go, has introduced a …
Pay History is out for New Jersey Employers, Mostly…
2/10/20
By: Justin Boron
As of 2020, New Jersey employers, in general, may no longer ask applicants past salary information. If they do, it constitutes an unlawful employment practice. See N.J. Stat. § 34:6B-20. New Jersey joins more than a dozen …
The Ban is Back – New Life Given to Philadelphia’s Salary History Ban
2/10/20
By: Courtney Mazzio
Back in 2017, Philadelphia was among the early adapters of the salary history ban that we see starting to trend nationwide. However, prior to the enactment of the Philadelphia wage equity ordinance, the Chamber of Commerce for …
Does Shooting a Fleeing Suspect During an Escape Constitute a Seizure?
2/7/20
By: Sun Choy
It has been generally accepted that the intentional application of force constitutes a “seizure” for purposes of the Fourth Amendment. But what happens if the intentional use of force does not result in terminating an escape? This …
Association Board Members Have Fiduciary Duties
2/6/20
By: Ali Sabzevari
The Georgia Property Owners’ Association Act and an HOA’s governing documents govern the creation and operation of a homeowners’ associations (“HOA”) and the duties of its board members.
A Board of Directors is typically responsible for managing …
What Should a California Lawyer Do With An Inadvertently Produced Privileged Document?
2/6/20
By: Greg Fayard
Sometimes privileged documents are accidentally produced to opposing counsel. Usually, this occurs in a document production in a lawsuit where, buried in the documents, is a communication between a lawyer and client that is clearly privileged and …
Mandatory Relief for Attorney Error in California Applies Only to Defaults, Default Judgments and Dismissals, Not “Analogous” Situations
2/5/20
By: Zachary Price
California Code of Civil Procedure section 473, subdivision (b) provides two avenues for relief when attorneys make mistakes. Subdivision (b) provides discretionary relief for certain mistakes and mandatory relief for defaults, default judgments, and dismissals caused by …
Beware Phony (or Exaggerated) Software Piracy Claims
2/3/20
By: Jeff Alitz
For more than a decade, software companies or software trade groups/alliances have pursued aggressive cost-recovery strategies against customers and former customers for their alleged unauthorized use (i.e, no license available) of software and other intellectual capital published …