Police Officer’s Mistake of Law Does Not Make an Arrest and Search Invalid
12/16/14
By: Wayne Melnick
Earlier this week, the United States Supreme Court ruled that a police officer’s mistaken belief of the state of the law does not make an arrest and search invalid as long as the officer’s belief was reasonable. …
Are We Speaking the Same Language? (Part 2)
12/15/14
By: Seth Kirby
In a previous blog entry we discussed the concept of “micro-language” and its relationship to insurance coverage disputes. In essence, this concept is a recognition that people ascribe different meanings to words and phrases based upon …
Court Hears Oral Argument in Closely-Watched Yelp Defamation Case
11/14/14
By Matt N. Foree
Business owners and free speech advocates are anxiously awaiting a Virginia Supreme Court ruling in the Yelp, Inc., v. Hadeed Carpet Cleaning defamation case. In this matter, the owner of a carpet cleaning company …
Playing Offense in Defense of Disability Discrimination
11/10/14
By: Lisa Gorman
One of the biggest challenges facing California employers today is the underperforming employee with a disability. Under the Fair Employment and Housing Act (“FEHA”), a “disability” is any physical or mental impairment that limits a major …
The Importance of Double-Checking – Employers Must Ensure Restrictive Covenants Included in Subsequent Employment Agreements
9/18/14
By: Amanda McCallum Cash
In a recent Georgia Court of Appeals decision, an employer learned the hard way why it is important to always be aware when employees sign multiple employment agreements. In Mapei Corporation v. Prosser, 761 S.E.2d …
Members of Congress Seek TCPA Revisions
8/18/14
By: Matthew N. Foree
Ten members of Congress have recently submitted correspondence to the Chairman of the Federal Communications Commission (“FCC”) urging the FCC to revise the Telephone Consumer Protection Act (“TCPA”). They frame the issue at stake as “a …
Courts Continue to Question Protections Afforded By Iconic Business Judgment Rule – Georgia Joins the Trend
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 …
Commission Wages Are Only Attributable to the Pay Period In Which They Are Paid to Satisfy California Compensation Requirements
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 …