The Supreme Court Weighs in on Arbitrability, But Questions Remain
1/31/19
By: Ted Peters
As reflected in a prior article, the United States Supreme Court recently agreed to take another look at the issue of arbitrability. In the case of Henry Schein, Inc. v. Archer & White Sales, Inc., …
California Court Clarifies Grounds for Law Firm Disqualification
1/30/19
By: Brett Safford
In O’Gara Coach Company, LLC v. Joseph Ra, 2019 Cal.App. Lexis 12, the California Court of Appeal clarified the grounds on which a law firm can be disqualified. The Court reversed the decision of the trial court …
California Enacts New Anti-Fraud Laws To Protect HOA Members
1/24/19
By: Greg Fayard
In California, an anti-fraud bill designed to protect HOA members sailed unopposed through the legislature becoming law January 1, 2019.
The Community Associations Institute and the California Association of Community Managers sponsored the bill, which makes various …
Florida Employment Law and The Use of Consistent Terminology
1/17/19
By: Michael Kouskoutis
Florida’s First DCA recently reversed summary judgment in favor of Florida A&M University (FAMU) in a contract dispute with the school’s former head football and basketball coaches.
The coaches both had 4-year contracts with the University, each …
School Shootings: Is There a Constitutional Duty to Protect Students?
1/16/19
By: Jake Daly
Sadly, our nation’s schools are not free from shootings and other violent crimes. When such crimes occur on private property, the laws of many states provide the victims a remedy (money damages) against the owner of the …
New Task Force Aims to Reform California’s Technological Ethical Rules
1/15/19
By: Paige Pembrook
On December 5, 2018, the California State Bar Task Force on Access Through Innovation in Legal Services held its first meeting and started a long process to modernize ethical rules that currently inhibit lawyers from fully using …
Insurer Side Beware: Litigation Privilege for Pre-Suit Communications Extends Only To The Party Contemplating Filing Of Litigation
1/14/19
By: Tim Kenna & Kristin Ingulsrud
Strawn v. Morris, Polich & Purdy—filed Jan. 4, 2019, Court of Appeal of California, First District, Division Two 2019 Cal.App. LEXIS 9*—makes explicit that the application of the litigation privilege to pre-suit claims …
“Sanctuary Cities” Get a Reprieve For Now
1/10/19
By: Pamela Everett
As many city, county and state attorneys are aware, in 2017 the US. Department of Justice (DOJ) added three conditions to the application process for the Edward Byrne Memorial Justice Assistance Grant (“Byrne JAG”) program in an …
Philadelphia Burdens New Fair Workweek Law to Impact 130,000 Workers & Employers
1/9/19
By: John McAvoy
On December 7, 2018, the Philadelphia City Council passed the Fair Workweek Employment Standards Ordinance by an overwhelming margin of 14-3. Effective January 1, 2020, the objective of the Ordinance, which was introduced in June by Councilwoman …
The Effects of the California Wildfires Continue
1/7/19
By: Matthew Jones
The California Insurance Commissioner recently issued a press release regarding the extensive insured losses from the numerous California wildfires. Those losses total over $9 billion, and are even expected to rise. The losses span across various lines …
No E-Verify During The U.S. Government Shutdown – What Is An Employer To Do?
1/4/19
By: Kenneth Levine
The current government shutdown has ensnared the E-Verify system, which is used by numerous U.S. employers to verify the employment eligibility of new hires. While many operations of DHS and USCIS are maintained through user fees, and …