Gift Cards To Become The New Battleground Under The ADA
- posted: Jan. 02, 2020
- Business Litigation
In recent years, litigation under Title III of the Americans with Disabilities Act (“ADA”) has shifted from allegations concerning lack of architectural accessibility to physical locations (i.e., brick-and-mortar stores and Read More
Dynamex Update: Not a Passing Fancy
- posted: Aug. 26, 2019
- Labor & Employment Litigation
In previous blogs, we have discussed the California Supreme Court’s seminal decision in Dynamex Operations West, Inc. v. Superior Court, which established a new and extremely limiting test for determining 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
Uncertainty in California over Forum Selection Clauses
- posted: Aug. 30, 2018
- Business Litigation
In international business transactions, contracting parties from different countries often select a neutral third country to supply the applicable governing law as well as the exclusive forum for resolving disputes. Read More
A Potentially Disruptive Ruling for California Employers
- posted: Jul. 24, 2018
- Labor & Employment Litigation
On April 30th the California Supreme Court issued an opinion that almost certainly will cause significant changes in how many businesses, particularly those which rely on independent contractors, will conduct Read More
A Practical Guide to the Anti-SLAPP Statute: How to Avoid Litigation Purgatory (or Shorten Your Stay)
- posted: Jan. 11, 2018
- Business Litigation
In 1992, California enacted the anti-“SLAPP” (strategic lawsuits against public participation) statute to combat “lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech Read More
Awarding Attorneys' Fees (Or Not)
- posted: Jul. 25, 2017
- Business Litigation
A contractual clause requiring an award of attorneys’ fees to the prevailing party in litigation can have a significant impact on the parties’ decisions to file or pursue a case. Read More
Expert Retention and Summary Judgment
- posted: May 25, 2017
- Business Litigation
Summary judgment motions play an important role in business disputes; they can create settlement leverage, narrow trial issues or, if granted for an entire case, achieve a favorable judgment without Read More
