How Can The Trump-Cohen Tape Be Public?
7/31/18
By: Greg Fayard
A lawyer and client talk. The lawyer records the conversation. The recording is made public. How can this be?
That’s what happened to then candidate Donald Trump and his New York lawyer Michael Cohen. The conversation occurred …
The CCPA: Precursor To American GDPR Or Undue Burden On American Businesses
7/30/18
By: Jonathan Romvary
As we recently posted, California recently passed the landmark California Consumer Privacy Act of 2018 (“CCPA”) that goes into effect on January 1, 2020 and grants California residents new expansive privacy rights. Many observers are comparing …
Going Out with a “Goat Bang”
7/27/18
Employee’s Slang in Comments on Social Media Protected as Concerted Activity
By: Robyn Flegal
A panel of the National Labor Relations Board ordered an Iowa electric company to rehire and pay back wages to a utility pole employee who was …
Supreme Court to Revisit Liability Under Rule 10b-5 – Will Prospective Justice Kavanaugh Weigh In?
7/25/18
By: Ted Peters
Section 10(b) of the Securities Exchange Act, and Rule 10b-5 promulgated under it, makes certain conduct in connection with the purchase or sale of any security unlawful. Specifically, Rule 10b-5(a) prohibits the use of any “device, scheme, …
Eleventh Circuit Again Rejects Claim That Title VII Prohibits Discrimination On The Basis Of Sexual Orientation
7/23/18
By: Bill Buechner
In Bostock v. Clayton Co. Bd of Comm’rs, 723 F. App’x 964 (11th Cir. 2018), the Eleventh Circuit again held that Title VII does not prohibit discrimination on the basis of sexual orientation. In doing …
Let’s Eat Grandma! Punctuation Matters
7/19/18
By: Ted Peters
California Corporations Code Section 1601 provides certain rights to shareholders of corporations doing business in California. Specifically, as the statute currently reads, corporations are required to open their books and records upon written demand from any shareholder …
On-Premises Rest Breaks: Should I Stay or Should I Go?
7/18/18
By: Allison Hyatt
Under California law, non-exempt employees are entitled to a 30-minute meal break if the employee works more than 5 hours in a workday, and a 10-minute break for every 4 hours worked (or “major fraction” thereof). In …
Is Georgia Game for Growing Bad Faith Liability?
7/17/18
By: Jessica Samford
As discussed in my last blog on bad faith, seeking bifurcation can be a proactive means to distinguish the issue of coverage from the issue of bad faith and appropriately manage the all too often unwieldy …
California Passes New Comprehensive Data Privacy Law
7/16/18
By: Kacie Manisco
California has passed a sweeping data privacy law that will result in dramatic changes to how businesses in the state handle consumer data. AB 375, which will take effect on January 1, 2020, grants consumers more control …
A Contradiction In Terms – Recent Developments On 3rd Party Placement Of STEM Opt Students
7/13/18
By: Kenneth Levine
In April 2018, USCIS issued official guidance that precluded the assigning of a U.S. employer’s STEM OPT employees to off-site third-party locations. A STEM OPT employee is a foreign national who is pursing “practical training” through a …
California Appellate Court Concludes That Employer Lawfully Rounded Employee Time Up and Down
7/12/18
By: Laura Flynn
The Second District of the California Court of Appeal has ruled that calculating payroll by automatically rounding workers’ hours either up or down to the nearest quarter-hour is legal as long as it does not result in …
California’s New Independent Contractor Test
7/11/18
By: Christine Lee
On April 30, 2018, the California Supreme Court issued a landmark decision in Dynamex Operations West, Inc. v. Superior Court, No. S222732, in which the Court adopted an extremely broad view of workers who will be …