7/21/14
By: Michael Wolak, III
The business judgment rule is an iconic fixture in American corporate jurisprudence reflecting a strong judicial reluctance to question the business judgments of directors and officers. In its classic form, the business judgment rule insulates a …
7/17/14
By: Sandra K. McIntyre
This week, in Peabody v. Time Warner Cable, the California Supreme court concluded that an employer satisfies the minimum earnings prong of the commissioned employee exemption only in those pay periods in which it actually …
The Un-American Rule Puts California Employers at Risk
7/16/14
By: Lisa R. Gorman
Many of my initial conversations with clients begin with them – shocked and outraged at the allegations – declaring their disinterest in settling. Of course we take these denials with a grain of salt, but frequently …
Consumers Could Soon Add Binding Arbitration to Their Grocery Lists
5/30/14
By: Mike Wolak
Consumers could soon be learning more than just the number of calories in their favorite foods when looking at packaging labels. They may also see that their purchase of the food product subjects them to binding arbitration …
Yelp Lawsuits Signal Rise in Internet Defamation Cases
4/30/14
By: Matt Foree
The ubiquity of social media and internet communications has drastically increased the opportunities for defamation. The spread of defamatory statements to countless individuals is often as easy as pushing a button.
Recent defamation cases regarding user review …
The Flight Level Change Trap: NTSB Cites Boeing Design as Possible Cause of Asiana 214 Crash
4/16/14
By: William Ezzell
Boeing’s 777 is regarded by many as one of, if not the safest commercial airliner ever produced. Up until the tragic accident of Asiana 214 at San Francisco last year, it’s safety record was nearly spotless. On …
NOT IT! The Ability to Apportion Fault Just Got a Little Easier in Georgia
4/7/14
By: Katie Dod
“NOT IT!” can be a great childhood (or even adult) phrase to avoid chores or other unpleasantries of life, but it can also be a critically important concept for defendants in premises liability cases when non-party entities …
4/1/14
By: Michael Wolak
While Dragnet’s Joe Friday was interested only in “the facts,” more than 530 automotive dealers throughout the country are interested in the “Carfax.” As of March 2014, the number of auto retailers joining the $250 million antitrust …
“Confidential” Really Means Confidential
3/6/14
By: Wayne Melnick
One issue that comes up more and more with mediated and other pre-trial settlements is confidentiality. Usually, when a confidentiality provision is included in a settlement agreement, it specifies who can, and sometimes who cannot, be told …
FTC Approves New COPPA Safe Harbor Program
2/28/14
By: Matt Foree
To protect the privacy of children online, Congress enacted the Children’s Online Privacy Protection Act (“COPPA”), which provides rules for operators of commercial websites and online services directed to or knowingly used by children under 13. Specifically, …
The Dirty Truth From TripAdvisor
1/24/14
By: Matt Foree
One cannot browse the internet without encountering a website touting a “10 Best” or “10 Worst” list. These lists are particularly prevalent at the beginning of the year as websites about music, movies, travel, etc. categorize and …
“Good Faith” Defense to TCPA Liability
1/7/14
By: Matt Foree
A California federal court has recently held that a debt collector is not liable under the Telephone Consumer Protection Act (“TCPA”) based on the collector’s “good faith” belief that Plaintiff provided prior express consent to the calls. …
