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September 2017

September 2017

"Section Spotlight"

California Employment Law Team   



FMG's California Employment Law Team is comprised of over 20 L&E attorneys representing employers throughout the Sunshine State.  With offices in Sacramento, San Francisco (Downtown and Marin County), Los Angeles (Downtown, Hermosa Beach and Orange County) and San Diego, our attorneys combine local knowledge and nationwide expertise to provide employers with practical and successful representation.
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Peter Catalanotti Receives Diversity Award 


Congratulations to Peter Catalanotti who was recognized for his efforts to increase awareness of diversity issues in the Bay Area Legal Community.  Mr. Catalanotti received the diversity award at the Barristers Club 9th Annual Diversity Reception.   

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Another Delay Is in the Works for the DOL Fiduciary Rule

By: Ze’eva R. Kushner

The landscape of the Department of Labor’s Fiduciary Rule continues to shift and has changed significantly since our last commentary on this topic in June. (DOL Fiduciary Rule is Delayed No More) On June 9, 2017, two provisions of the Rule became applicable: (i) the expansion of the definition of who is a fiduciary, and (ii) the establishment of impartial conduct standards. The next step, full implementation, is currently set to take place on January 1, 2018. This date is no longer set in stone. In fact, it likely will be delayed until mid-2019.

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Data Privacy-As the Spokeo Turns

By: Jonathan M. Romvary

As we all know, the data privacy industry has been paying close attention to ongoing saga of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), including this firm’s blog, most recently here, here and here. That spotlight is shining a little brighter on the Ninth Circuit in connection with a ruling earlier this month.

Earlier this month, the Ninth Circuit issued its most recent Spokeodecision, holding, on remand, that the plaintiff, Thomas Robins, satisfied the harm requirement for Article III standing in his FCRA claim against Spokeo. Writing for the Court, Judge Diarmuid F. O’Scannlain set forth a two-step inquiry to determine whether a plaintiff satisfies Article III standing:

(1) Was the statute at issue established to protect the plaintiff’s concrete rights?
(2) Did the specific procedural violations cause or present a material risk of actual harm to plaintiff’s concrete rights?

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About Freeman Mathis & Gary, LLP

Freeman Mathis & Gary, LLP is a leading national litigation firm, with over 150 attorneys nationally in 17 offices in eight states. FMG serves clients through its practice sections in Appellate Advocacy, Commercial Litigation/Directors & Officers, Construction & Design Law, Data Security, Privacy & Technology, Financial Services and Banking, Government Law, Insurance Coverage and Extra-Contractual Liability, Labor and Employment, Professional Liability/Errors and Omissions and Tort & Catastrophic Loss. With offices in California, Florida, Georgia, Kentucky, Massachusetts, New Jersey, New York, and Pennsylvania FMG attorneys serve as trusted counsel to corporations and governments throughout the country, providing practical, efficient, and cost-effective solutions for legal issues. For more information about FMG, visit www.fmglaw.com.


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