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105, 2020

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

May 1st, 2020|Categories: 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 Continue Reading

April 2020

Monthly Litigation Law Tip

Most California courts are running on limited or modified schedules and pushing out deadlines during the state’s shelter-in-place.  Attorneys need to stay on top of these frequently changing conditions.

1912, 2019

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

December 19th, 2019|Categories: 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 Continue Reading

912, 2019

You Want To Scrape My What?!?! Public LinkedIn User Profile Data Can Be Gathered And Used By Third Parties

December 9th, 2019|Categories: Litigation Articles|

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

1410, 2019

California Supreme Court Deflates Ascertainability Requirement for Class Certification

October 14th, 2019|Categories: Litigation Articles|

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

1110, 2019

I’ve Been Waiting Seven Months for My Copyright Registration. Is My Creative Work at Risk of an Infringement Suit?

October 11th, 2019|Categories: Litigation Articles|

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