California, Again, Amends its Data Breach Notification Statute
10/23/15
By: Kacie Manisco
On October 6, 2015, Governor Jerry Brown signed into law three separate bills amending California’s Data Breach Notification Statute. Together, the amendments, which take effect on January 1, 2016, expand the definition of “personal information,” provide a …
Addiction in the Workplace
10/23/15
By: Tim Holdsworth
Last week, the University of Southern California fired their head football coach, Steve Sarkisian, for attending a practice under the influence of alcohol. This was purportedly not the first time that Sarkisian’s drinking affected his coaching duties. …
Is a Franchisee an Ostensible Agent of a Franchisor? — California Court Denies Summary Judgment on This Theory
10/6/15
By: Allison Shrallow
On September 25, 2015, the United States District Court for the Northern District of California granted in part and denied in part McDonald’s USA and McDonald’s Corporation’s Motion for Summary Judgment in the case Stephanie Ochoa, et …
New California Law: Requesting an Accommodation is a “Protected Activity”
10/5/15
By: Allison Shrallow
As the law now stands, it is exceedingly difficult for an employer in California to defeat a retaliation claim. To establish a prima facie case, an employee need only establish he engaged in protected activity and shortly …
The Return of the Intern?
10/5/15
By: Michael Hill
The Eleventh Circuit Court of Appeals has dramatically modified the test to determine whether an “intern” is an employee. In Schumann v. Collier Anesthesia, P.A., — F.3d —, No. 14-13169, 2015 WL 5297260 (11th Cir. Sept. …
Off-Duty Police Officer Immune from Excessive Force Claim
10/2/15
By: Brian Dempsey
In a recent opinion, the Georgia Court of Appeals granted official immunity to an off-duty police officer, Jose Vidal, who was providing security at an IHOP restaurant when he arrested a patron and allegedly used excessive force. …
NLRB Doubles Down on ‘Joint Employer’ Standard Expansion
10/2/15
By: Tim Holdsworth
On August 27, 2015, the National Labor Relations Board discarded thirty years of precedent and handed down a new and expanded definition of joint employer. See Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, …
Drones Regulation Deadline Missed by FAA
10/2/15
By: Wayne Melnick
In the recent past, I blogged a series of articles regarding the possible legal and insurance ramifications of law enforcement drone usage. These included blogs on risk questions related to government drone usage how drones can be …
The Pros and Cons of Emerging Trucking Apps
9/30/15
By: Matt Grattan and Kevin Stone
Emerging smart phone apps promise to transform the trucking business by offering trucking companies and truck drivers opportunities to maximize capacity, minimize time spent at weigh stations and inspection sites, and improve navigational assistance. …
When Kickstarters Stall: Liability for Failed Project Funding
9/16/15
By: Wayne S. Melnick
By now, most people are familiar with the concept of crowd funding. Sites like Kickstarter, Indiegogo, and Gofundme exist to allow people to alternative sources of funding that prior to the internet were simply unavailable.
In …
Storage And Maintenance Of Seized Property: Liability Update
9/4/15
By: Ali Sabzevari
It is well-settled that when lawsuits arise under state law, a public officer can only be held personally liable for ministerial acts negligently performed or discretionary acts performed with actual malice or an intent to injure. Thus, …
Georgia And California Increase Scrutiny Of Employee Loyalty And No-Rehire Provisions As Restraints Of Trade
9/2/15
By: Mike Wolak
Restrictive covenants typically involve the “big three”: agreements not to compete, not to solicit the Company’s customers, and not to raid the Company’s staff upon separation from employment. As a result, the language of the “big three” …