Kim v. Reins: Another PAGA Wrench Thrown Into the Settlement Finish Line for Employers
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 Continue Reading …
CCPA Blog Series: Post No. 2—Consumer Rights Under the CCPA
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 Continue Reading …
Good For the Goose and Gander: Is California’s Ban on Non-Competes Limited to Employment Contracts?
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 Continue Reading …
You Want To Scrape My What?!?! Public LinkedIn User Profile Data Can Be Gathered And Used By Third Parties
Who controls access to user data available online such as LinkedIn profiles? In hiQ Labs, Inc. v. LinkedIn Corp. the Ninth Circuit recently addressed this question, holding that LinkedIn does not have the right to control access to data publicly available on its website.
HiQ Labs provides “people analytics” to employers Continue Reading …
California Supreme Court Deflates Ascertainability Requirement for Class Certification
Recently, in Noel v. Thrifty Payless, Inc., the California Supreme Court relaxed the ascertainability requirement for class certification in a significant ruling for class action plaintiffs.
In Noel, a consumer filed a putative class action under California unfair competition and false advertising laws alleging that a $59.99 Rite Aid inflatable outdoor Continue Reading …
I’ve Been Waiting Seven Months for My Copyright Registration. Is My Creative Work at Risk of an Infringement Suit?
If your business involves creating generating creative expressions (like books, photographs, or even websites) you probably already know you can prevent unauthorized use or copying of your creative works by filing a lawsuit under federal copyright law. And you may know that, before you can file suit against an unauthorized Continue Reading …