Litigation Articles

13 07, 2020

COVID-19 and the CCPA: The Privacy Implications of Temperature Checks

2020-07-13T03:07:49+00:00July 13th, 2020|Litigation Articles|

While the CCPA has been in effect for several months now, the COVID-19 pandemic has forced businesses to grapple with the law in a new light. In earlier posts, we provided a general overview of the new law and detailed the new consumer rights that it establishes. Companies are now looking for ways to keep their employees and customers Continue Reading

6 07, 2020

Buckles, Clasps, and Other New Tools for Trademark Enforcement

2020-07-06T23:12:57+00:00July 6th, 2020|Litigation Articles|

Business that use trademarks or service marks now have a more powerful remedy against others who use those marks, or confusingly similar ones, without consent. A new United States Supreme Court decision, issued April 23, 2020, removes the requirement of proving willful infringement to recover lost profits. Plaintiffs in trademark lawsuits can now recover losses by proving infringement alone. This decision Continue Reading

1 05, 2020

Kim v. Reins: Another PAGA Wrench Thrown Into the Settlement Finish Line for Employers

2020-05-01T00:26:26+00:00May 1st, 2020|Litigation Articles|

On March 12, 2020, the California Supreme Court issued its highly anticipated decision in Kim v. Reins. The Court held that an employee does not lose standing to pursue a claim under the Private Attorneys General Act of 2004 (PAGA) if the employee settles and dismisses his or her individual claims for the underlying Labor Code violations.

In light of this decision, Continue Reading

22 03, 2020

CCPA Blog Series: Post No. 2—Consumer Rights Under the CCPA

2020-03-22T20:07:08+00:00March 22nd, 2020|Litigation Articles|

In our first post on the CCPA, we provided an overview of the CCPA and its many impacts on businesses. In this post, we’ll focus on one of the most important aspects of the CCPA—the new rights it vests in consumers. Not only do these rights allow consumers to have more control over the information businesses collect about them, but these Continue Reading

12 02, 2020

Show Me the Money! –Ninth Circuit Clarifies CAFA Standards

2020-02-18T21:17:53+00:00February 12th, 2020|Litigation Articles|

In Arias v. Residence Inn by Marriott, the Ninth Circuit clarified and reiterated standards related to the removal of an action to federal court under the Class Action Fairness Act (“CAFA”) — namely, what a defendant must show to meet the CAFA amount in controversy requirement and how a district court may respond to a notice of removal.

When removing based on Continue Reading

7 02, 2020

CCPA Blog Series: Post No. 1—Introducing the CCPA

2020-02-18T21:16:15+00:00February 7th, 2020|Litigation Articles|

The CCPA is a hot topic among California businesses, but you may be wondering exactly what it is or how it may affect you and your business. We have your answers. This is the first post in a series of blogs about the CCPA and how it is changing the legal landscape related to data privacy in California and beyond.

What is Continue Reading

19 12, 2019

Good For the Goose and Gander: Is California’s Ban on Non-Competes Limited to Employment Contracts?

2020-02-07T19:37:42+00:00December 19th, 2019|Litigation Articles|

So-called “non-compete” agreements have been banned under California Business and Professions Code section 16600 for many years, predominantly in the employer and employee context. After differing interpretations of Section 16600 arose between state and federal courts in California, in 2008, the California Supreme Court ruled that any contractual restraint on one’s ability to engage in a lawful profession, trade, or business Continue Reading