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Category Archives: Litigation

California’s New Standard For Determining Workers’ Status Widens

Last year, the California Supreme Court abruptly changed the standard for determining whether a worker is an employee or independent contractor of the hiring company.  In Dynamex Operations West, Inc. v. Superior Court of Los Angeles, 4 Cal.5th 903 (2018), a case involving delivery drivers for a package company, the Court unanimously held that a […]

Duty to Preserve Text Messages in Anticipation of Litigation

Under federal law, a party anticipating litigation has an affirmative obligation to preserve relevant documents and other tangible evidence.  With today’s prevalence of electronic data and devices, the scope of that duty as applied to electronically stored information (or “ESI”) is a frequently litigated issue and can give rise to sanctions if a party “fail[s] […]