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1202, 2020

Show Me the Money! –Ninth Circuit Clarifies CAFA Standards

February 12th, 2020|Categories: Litigation Articles|Tags: , , , , , , |

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 Continue Reading

December 2020

Monthly Litigation Law Tip

California labor laws require that employers retain employee records for certain periods of time, generally for three years after the employment ends. But, the statute of limitations for employment-related claims can be longer than three years, so employers should err on the side of retention and seek advice if they are unsure about applicable timelines.

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

1110, 2019

The Enhanced Civil Remedy that Every Litigator Needs to Know About

October 11th, 2019|Categories: Litigation Articles|

Every litigator should be aware of an enhanced civil remedy under one of California’s theft statutes, Penal Code section 496(c), which entitles parties to treble damages and attorney’s fees for any violation under that section.  The Court of Appeal provided a detailed overview of this remedy in Switzer v. Wood, Continue Reading

103, 2019

New Year, New Rule: Refining FRCP 23

March 1st, 2019|Categories: Litigation Articles|Tags: |

Important amendments to Rule 23, the Federal Rule of Civil Procedure governing class actions, have been implemented for the first time in over fifteen years. Class action practitioners, take note of the following key changes:

Expanded Notice Options Under 23(c)(2)(B)

Prior to Amendment…  Rule 23 directed attorneys to provide Continue Reading

102, 2019

What Do You Mean I Have to Litigate There? Corporate Bylaws May Dictate the Forum of Intra-corporate Disputes

February 1st, 2019|Categories: Litigation Articles|

Corporate bylaws that require intra-corporate disputes to be resolved in a specific forum may be enforceable, even when they call for litigation in distant states.  This can pose a major obstacle to efficient resolution of such disputes.

Background

When you find yourself in a business dispute, and it looks like the only Continue Reading