The Battle for Independent Contractor Status in California Continues
- posted: Apr. 12, 2023
- Litigation
For certain employers whose business model includes the use of independent contractors in California, the past four years has been a confusing time. They have been confronted with a policy Read More
Recent Developments in Class Actions: Federal Courts’ Application of Ramirez
- posted: Feb. 01, 2023
- Litigation
Last year, class action practitioners waited anxiously for the U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez (“Ramirez”). Would the Court impose stringent new standing requirements for class relief? Read More
Arbitration Clauses Are Not Always Enforceable
- posted: Jan. 07, 2021
- Litigation
Two recent California Courts of Appeal decisions illustrate possible pitfalls in defendants’ attempts to compel arbitration of an employment dispute.In Garcia v. Haralambos Beverage Co., 2021 DJDAR 118, the Second Read More
The DOT Defines Unfair and Deceptive Practices
- posted: Dec. 29, 2020
- Litigation
The US Department of Transportation (“DOT”) has been regulating unfair and deceptive practices for a long time pursuant to 49 U.S.C. 41712(a) (“Section 41712(a)”). While there have been many specific Read More
Be Careful of Arbitration Provisions
- posted: Nov. 03, 2020
- Litigation
Most business people, and some consumers, are aware that many of the contracts into which they enter contain arbitration provisions. Such provisions typically provide that, should a dispute arise under Read More
California's New Standard For Determining Workers' Status Widens
- posted: May 24, 2019
- Litigation
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. Read More
Duty to Preserve Text Messages in Anticipation of Litigation
- posted: Nov. 13, 2018
- 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 Read More