Employment Arbitration Agreements are Still Alive in California, At Least For Now
10/4/18
By: Rebecca Smith
As Freeman Mathis & Gary brought out in its August 24, 2018 Blog by attorney Dave Daniels, the California Senate had voted to approve Assembly Bill 3080 (“AB 3080”) intended to combat the use of mandatory …
Independent Contractor Or Employee?
9/20/18
By: Marshall Coyle
The California Supreme Court has established an “ABC test” that could make it extremely difficult for the state’s truckers to use independent contractors. In Dynamex Operations West Inc. v. Charles Lee, (Case S222732, April 30, 2018) the …
Is “But-For” Causation In California Legal Malpractice Cases In Jeopardy?
9/18/18
By: Gretchen Carner & Brett Safford
California attorneys sued for fraud and intentional torts, as opposed to negligent legal malpractice, may be subjected to a different causation standard after the California Court of Appeal’s recent opinion in Knutson v. Foster…
Non-Disclosure Provisions – Who Is Bound?
9/5/18
By: Josh Ferguson
A California Appellate Court recently ruled that the non-disclosure and confidentiality terms of a settlement agreement bind only the parties, and not counsel, unless specifically stated otherwise.
The case involved Monster Energy Company suing Bruce Schecter and …
California Attacks Arbitration Agreements …. Yet Again!
8/24/18
By: Dave Daniels
On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and confidentiality …
The California State Bar’s New Rule Follows a National Trend of Disciplining Attorneys for Discrimination
8/24/18
By: Paige Pembrook
The newly revised California Rules of Professional Conduct for attorneys, set to take effect November 1, 2018, include a tougher approach to discrimination, harassment, and retaliation in legal practice that exposes attorneys to State Bar discipline even …
The CCPA: Precursor To American GDPR Or Undue Burden On American Businesses
7/30/18
By: Jonathan Romvary
As we recently posted, California recently passed the landmark California Consumer Privacy Act of 2018 (“CCPA”) that goes into effect on January 1, 2020 and grants California residents new expansive privacy rights. Many observers are comparing …
Let’s Eat Grandma! Punctuation Matters
7/19/18
By: Ted Peters
California Corporations Code Section 1601 provides certain rights to shareholders of corporations doing business in California. Specifically, as the statute currently reads, corporations are required to open their books and records upon written demand from any shareholder …
On-Premises Rest Breaks: Should I Stay or Should I Go?
7/18/18
By: Allison Hyatt
Under California law, non-exempt employees are entitled to a 30-minute meal break if the employee works more than 5 hours in a workday, and a 10-minute break for every 4 hours worked (or “major fraction” thereof). In …
California Passes New Comprehensive Data Privacy Law
7/16/18
By: Kacie Manisco
California has passed a sweeping data privacy law that will result in dramatic changes to how businesses in the state handle consumer data. AB 375, which will take effect on January 1, 2020, grants consumers more control …
California’s New Independent Contractor Test
7/11/18
By: Christine Lee
On April 30, 2018, the California Supreme Court issued a landmark decision in Dynamex Operations West, Inc. v. Superior Court, No. S222732, in which the Court adopted an extremely broad view of workers who will be …
Pass That Dutch: California Insurers Respond to Budding Cannabis Industry
7/2/18
By: Kristin Ingulsrud
California Insurance Commissioner Dave Jones announced on June 4, 2018 his approval of the Cannabis Business Owners Policy (CannaBOP) in California. The new CannaBOP program was designed for cannabis dispensaries, storage facilities, processors, manufacturers, distributors, and other …