California Police Deadly Force Statute: Law or Guidance?
1/28/20
By: Caleb Saggus
The California State Legislature recently enacted a criminal statute aimed at police officer use of force, which went into effect January 1, 2020 (Assembly Bill 392). Prior California state law permitted an officer to use reasonable force …
Employers Watch Out: New DOL Rule May Limit Joint Employer Liability
1/27/20
By: Janet Barringer
New Rule
A new rule goes into effect March 16, 2020, per the Department of Labor (DOL), as to when a “joint employer” is equally liable under federal wage and hour laws. This new rule is an …
Two-Factor Authentication—Not Broken Yet, But the Bad Guys Are Doing Their Worst
1/27/20
By: Barry Miller
If a cybersecurity gold standard exists, it is two-factor authentication (“2FA”).
Or it was.
As the name implies, 2FA is a two-level approach. Level one usually is a password. The second level is typically a random digital …
U.S. Supreme Court Finds General Discovery Rule Inapplicable to the SOL for FDCPA Violations
1/16/20
By: Nicole L. Graham
In Klemm v. Rotkiske, No. 18-328, 589 U.S. ____ (2019), the United State Supreme Court unanimously agreed there is no blanket discovery rule that, as a matter of statutory interpretation, applies to all cases arising …
Tips on Dealing With Pro Per Parties In California
1/15/20
By: Greg Fayard
At some point in their career, lawyers deal with the unrepresented—or pro pers. In California, there’s now an ethical rule that governs how to fairly and properly engage with opposing parties who do not have lawyers.
Rule …
Ransomware Attacks Reached Unprecedented Numbers in 2019
1/15/20
By: Melissa Santalone
According to a study published by Emsisoft Malware Lab, an unparalleled number of ransomware attacks hit U.S. businesses and government agencies in 2019. In total, 113 state and municipal governments and agencies, 764 healthcare providers, and 89 …
Section 1983 First Amendment Retaliation by Litigation: SOL without PC
1/14/20
By: Brent Bean
“When angry count to ten before you speak. If very angry, count to one hundred.” – Thomas Jefferson
In a case of first impression in the Eleventh Circuit, the Court held that in a Section 1983 First …
To Pursue or Not to Pursue
1/10/20
By: Sara Brochstein
The City of Atlanta Police Department has announced that its officers will no longer engage in vehicular pursuits while it takes time to review its pursuit policies. This decision comes in the face of recent deadly crashes …
Statute of Repose Does Not Bar Claims Resulting from Improper Maintenance
1/9/20
By: Tom McCraw
The Massachusetts Appeals Court recently held that the six-year statute of repose (G.L. c. 260, § 2B) did not bar a homeowner’s insurer’s subrogation claim against a gas company for damages caused by the company’s failure to …
AB5: California’s Controversial Gig-Work Law Took Effect January 1, 2020
1/7/20
By: Margot Parker
As of January 1, 2020, California’s AB5 may require employers to reclassify hundreds of thousands of independent contractors as employees with broad labor law protections. The new law codifies the “ABC test” adopted by the California Supreme …
Federal Court Temporarily Enjoins California’s Ban On Mandatory Arbitration Agreements
1/7/20
By: Brad Adler
Employers will recall that California passed a law in October, 2019 (AB 51) that would limit the ability of employers to require mandatory arbitration of certain statutory employment claims as of January 1, 2020. Specifically, AB 51 …
NLRB Reverses Obama-Era Ruling And Finds That Employers Can Prohibit Use of Company Email for Union Activities
1/2/20
By: Brad Adler
On December 17, 2019, the National Labor Relations Board (NLRB) ruled in Caesars Entertainment that employees have no right under the National Labor Relations Act to use an employer’s email system for union activities, including organizing. This …