How Should a California Mediator Deal With An Unrepresented Party?
6/17/20
By: Greg Fayard
Most California mediators are lawyers. When mediator-lawyers handle a mediation where one party does not have a lawyer, the lawyer-mediator has to treat that pro per party differently than a party who has a lawyer.
Specifically, if …
California’s Proposed Education Budget Cuts May Lead to More Layoffs
6/3/20
By: Matthew Jones
California Governor Gavin Newsome proposed a new budget, which includes cuts of approximately 8% to California’s education system. Previously, California districts were not permitted to layoff teachers after mid-May. However, if the proposed budget cuts are approved, …
5/7/20
By: Ryan Greenspan
On May 5, 2020, California Attorney General Xavier Becerra announced that the State of California will be suing Uber and Lyft for misclassifying their drivers as independent contractors. The precise details of the suit are not presently …
3/20/20
By: Zach Moura
California Insurance Commissioner Ricardo Lara issued three notices to insurers on March 18, 2020 related to the novel coronavirus disease (COVID-19), all aimed at ameliorating the pandemic’s impact on the both insurers and insureds.
The first notice …
3/10/20
By: Anastasia Osbrink
For years, employers across the U.S. have taken into account what an individual was making at his or her current job in assessing how much they would need to pay them if they left and joined the …
Securing the Bag: California Supreme Court Rules Exit Searches Compensable
3/2/20
By: Gregory Blueford
Shunning the position of the United State Supreme Court’s decision in Busk v. Integrity Staffing Solutions, Inc., the California Supreme Court has ruled that time spent on the employer’s premises waiting for and undergoing company-mandated exit searches …
Pre-Judgment Settlements with the Insured after Claimed Blown Policy Limit Demand
2/20/20
By: Tim Kenna
Every once in a while, an insurer contemplates settlement of the insured’s potential bad faith claim following allegations that a policy limit demand lapsed, and that the insurer is liable for any resulting excess judgment and bad …
States are Busy on the Cyber Front
2/19/20
By: Amy C. Bender
2020 is off to a busy start, with several states taking action on cybersecurity legislation and issuing other legal updates. Highlights include:
California – California’s Attorney General has issued revised proposed regulations regarding the California Consumer …
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 …
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 …
California Lawyers Should Not Lie
12/20/19
By: Greg Fayard
It seems obvious, but lawyers shouldn’t lie. A new Rule of Professional Conduct applicable to California lawyers says that while representing a client, a lawyer shall not knowingly make a false statement of material fact or law …