Legal Alerts

94 Result(s) based on your preferences
  • 409A Issues in Executive Compensation Contracts and Employment Agreements

    September 05, 2017
  • Missouri Bill SB 43 Goes into Effect

    September 01, 2017
  • New Jersey Litigation Update

    August 30, 2017
  • San Francisco Issues Lactation Accommodation Guidance for Employers

    August 28, 2017
  • Illinois Court Ruling Reexamines Taxi Drivers & Transportation Drivers as Employees

    July 28, 2017

    On June 30, 2017, the Illinois Appellate Court reversed a trial court’s finding of summary judgment granted to a Chicago taxi company finding that there were “material questions of fact” as to whether the driver was the taxi company’s agent when he assaulted the female plaintiff passenger.

  • Ninth Circuit Holds Mortgage Underwriters Not Exempt Under the Administrative Exemption

    July 13, 2017

    On July 5, 2017, the Ninth Circuit, on appeal from the Eastern District of California, issued a ruling reversing the district court’s grant of summary judgment in favor of a defendant Bank, holding, contrary to the district court, that mortgage underwriters were not administratively exempt under the Fair Labor Standards Act.

  • First Federal Court Ruling That Retailer’s Website Violates Title III of the ADA

    July 11, 2017

    Introduction
    Since our August 2016 article on the applicability of the Americans with Disabilities Act of 1990 (the “ADA”) to the Internet, litigation involving website violations of the ADA has been on the rise. To date, however, there remains a split among the circuit courts with regard to whether Title III of the ADA applies to websites. To further complicate the issue, the federal government has not yet formally adopted a set standard for website accessibility.

  • Watching the TCPA: Second Circuit Rules Consent Given as Part of Binding Contract may not be Revoked Under Telephone Consumer Protection Act

    June 30, 2017

    In a much-watched decision involving the hotbed issue of consent under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit has ruled that consent may not be revoked when it was originally provided as a term of a contract.

  • The United States Supreme Court Holds that the Lanham Act’s Disparagement Clause Violates the Free Speech Clause to the First Amendment, Opening Registration for Additional Marks and Potentially Preserving Additional Marks

    June 27, 2017

    On June 19, 2017, the United States Supreme Court invalidated a provision of the Lanham Act, 15 U.S.C. § 1052(a), which had prohibited the registration of trademarks “which may disparage . . . persons, living or dead, institutions, beliefs, or national symbols, . . . or bring them into contempt, or disrepute[.]”

  • California Court of Appeal Holds that Workers Are Entitled to Federal and California Wage and Hour Protections Regardless of Immigration or Work Authorization Status

    June 26, 2017

    Last week, on June 15, 2017, a California Court of Appeal reaffirmed the principle that individuals performing work for the direct benefit of an employer are entitled to wage and hour protections under the Federal Labor Standards Act (“FLSA”) and California law regardless of immigration or work authorization status.

  • What the DOL's New Fiduciary Rule Means to Employers, Agents, and Insurance Carriers

    June 19, 2017

    Effective June 9, 2017, the Department of Labor expanded the definition of fiduciary (the “Fiduciary Rule”) to include any professional, including but not limited to insurance agents and brokers, who makes covered investment advice, recommendations, or solicitations to a retirement plan, plan fiduciary, plan participant and beneficiary, Individual Retirement Account (“IRA”), or IRA owner in exchange for direct or indirect compensation.

  • Texas Amends Its Trade Secrets Statute, Making It the Most Comprehensive Trade Secrets Statute in the Nation

    June 08, 2017

    Texas Governor Greg Abbott recently signed House Bill 1995, which amends the four-year old Texas Uniform Trade Secrets Act (“TUTSA”).

  • New Expedited Appeals Process Regarding Petitions to Compel Arbitration in Elder Abuses Cases Goes Into Effect July 1, 2017

    June 06, 2017

    The California Legislature has created a new class of highly expedited time frames for appeals from an order denying a petition to compel arbitration in cases involving a claim under the Elder and Dependent Adult Civil Protection Act. The new rules go into effect July 1, 2017.

  • Bronx County Changes Trial Rules for Motor Vehicle Cases

    June 02, 2017

    For the past several years, there have been extensive delays in the Bronx County Supreme Court with respect to pending actions receiving final trial dates and proceeding to the commencement of jury selection. Recently, the administrators of the Bronx County Supreme Court implemented new rules specifically to accelerate to trial motor vehicle cases pending in the Bronx County Supreme Court. 

  • New Regulations Restricting California Employers’ Use of Applicant and Employees’ Criminal Conviction History

    May 30, 2017

    On January 10, 2017, the California Fair Employment & Housing Council (“FEHC”) approved regulations that identify a number of ways in which employers can face liability when using a job applicant or employee’s criminal conviction history to influence employment decisions. 

  • Rigid Progressive Disciplinary Practices and Long-Term Employment May Undermine an Employee’s At-Will Status

    May 24, 2017

    Many employers take comfort that their employees are at-will, meaning that either party may terminate employment at any time and for any reason, as long as the reason is not unlawful.

  • NASAA Releases Supplementary Commentary on Financial Performance Representations

    May 23, 2017

    Franchisors need to review their Franchise Disclosure Document (“FDD”) to ensure compliance with new commentary (“Commentary”) issued by the North American Securities Administrators Association (“NASAA”) regarding Financial Performance Representations (“FPR”).

  • New York City Freelancers Are Now Protected by the Freelance Isn’t Free Act

    May 22, 2017

    On May 15, 2017, New York City continued its rapid expansion of worker protection, this time creating greater security for independent contractors.

  • California Supreme Court Settles Unresolved Questions Regarding “Day of Rest” Requirements for Non-Exempt Employees, Affording Employers More Flexibility and Much Needed Guidance

    May 19, 2017

    On May 8, 2017, the California Supreme Court clarified several major points of ambiguity regarding the interpretation of the state’s obscure “day of rest” statutes.

  • Sue Tsunami: The Rising Tide of Verdicts and Settlements in California-Based Employment Litigation

    May 17, 2017

    Within weeks of each other, two California juries awarded eight-figure verdicts to individual plaintiffs in employment cases.

  • New York Appellate Team Update

    May 11, 2017

    The New York office of Lewis Brisbois maintains a full team of appellate specialists who are well versed in litigating pre-trial motions and post-trial appeals.

  • Employment Law Recovery – Blue Skies No More

    May 11, 2017

    In a boon for employers, on May 8, 2017, the Missouri House of Representatives passed Senate Bill 43, which dramatically alters Missouri’s state employment anti-discrimination statutes. The Bill previously passed the Senate.

  • New York City Bans Private Sector Employers From Seeking Salary History Information From Job Applicants

    May 08, 2017

    New York City has now joined the city of Philadelphia, the state of Massachusetts, and the commonwealth of Puerto Rico in prohibiting private sector employers from inquiring into the salary history of job applicants. 

  • Colorado Wage Theft Transparency Act Now Makes Wage Law Violations Subject to Public Disclosure

    May 03, 2017

    On April 13, 2017, Governor Hickenlooper signed the Colorado Wage Theft Transparency Act (House Bill 17-1021). 

  • Latest Executive Order Ban

    April 27, 2017

    United States District Court Judge William H. Orrick struck down President Trump’s executive order to penalize “sanctuary cities.” 

  • Form I-9 Alert: Social Security Numbers Scrambled on I-9 Forms Completed in November 2016!

    April 24, 2017

    The United States Citizenship and Immigration Services (USCIS) issued an alert this week warning employers of a technical glitch in its online system. 

  • New York Client Alert - April 2017

    April 20, 2017
  • California Supreme Court Finds Arbitration Provision that Waives the Right to Pursue Public Injunctive Relief in Any Forum is Unenforceable

    April 17, 2017

    In McGill v. Citibank, N.A., the California Supreme Court tackled the validity of clauses in pre-dispute arbitration agreements which purport to waive an individual’s right to seek public injunctive relief in any forum such as in court.

  • California Supreme Court Limits Enforceability of Arbitration Provisions

    April 13, 2017

     The Federal Arbitration Act (“FAA”) has been construed to liberally promote the use of arbitration provisions. However, in recent years, a sort of tug-of-war has played out between federal courts and California as to the enforceability of arbitration provisions governed by the FAA.

  • 15-Month Prison Sentence Reminds That Spoliation Can Be A Crime Resulting In Serious Jail Time

    April 10, 2017

    Individuals instructed to preserve records in federal proceedings should not take their duties lightly. Avoid learning this lesson the hard way, as an IT director of a U.S. bus tour company recently did. For spoliating backup tapes, he has been sentenced to prison for 15 months.

  • USCIS Reaches H-1B Cap for FY 2018

    April 07, 2017

    U.S. Citizenship and Immigration Services announced this morning that it has reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018. USCIS also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the Master’s Cap. 

  • In Landmark Law, Seattle Might Soon Be the First City to Have Unionized Uber Drivers

    April 03, 2017

    Seattle is a city that likes to be friendly to its workers. It was one of the first to implement the $15 minimum wage law, a paid leave law, and even enacted an ordinance protecting hotel workers. 

  • New York & New Jersey Trial Team Update - March 2017

    March 16, 2017
  • Hugs in the Workplace Can Get You Sued, Rules the Ninth Circuit

    March 16, 2017

    Can a supervisor who engages in excessive hugging and other seemingly innocuous conduct create a hostile work environment? The Ninth Circuit held that this question is one for the jury, and that a rule categorically excluding hugs and other common workplace behavior from creating an actionable hostile work environment would be improper.

  • Georgia Supreme Court Clarifies Conditions Allowed in Settlement Demands by Motor Vehicle Plaintiffs

    March 10, 2017

    On March 6, 2017, a divided Georgia Supreme Court issued its opinion on a ruling requested by the Eleventh Circuit Court of Appeals pertaining to a policy limits demand in a fatal 2014 motor vehicle accident.

  • California Court Holds that Employees Paid on Commission Are Entitled to Separate Compensation for Rest Periods

    March 02, 2017

    On February 28, 2017, the California Second Appellate District issued a decision in Vaquero v. Stoneledge Furniture LLC finding that an employer must separately compensate commissioned employees for rest periods.

  • California Court of Appeal Holds That a CBA Arbitration Provision Does Not Cover Statutory Wage and Hour Claims When Not Explicitly Stated

    February 27, 2017

    California and federal case law has established that a collective bargaining agreement (CBA) may necessitate arbitration of a statutory claim if, in an explicit waiver, it is clear and unmistakable that the parties intended to waive their right to proceed in a judicial forum for statutory claims. 

  • Showing It Can Embrace Progressive Causes, The City of Spokane, Washington Enacts Its Own Paid Leave Law

    February 14, 2017

    It came as some surprise to those of us who practice employment law in Washington that the City of Spokane followed the lead of Seattle and other progressive cities in enacting a paid leave law. Indeed, even Spokane’s mayor was surprised.

  • Right-To-Work Movement Claims Victory in Missouri

    February 09, 2017

    Organized labor suffered another significant setback on Wednesday, February 6, 2017, when Missouri Gov. (R) Eric Greitens signed SB19 into law, adding Missouri to the nation’s growing list of states to adopt right-to-work protections for its public and private sector employees.

  • Ninth Circuit Ruling Bars Liability Waivers in Employers’ FCRA Background Check Disclosure Forms

    February 07, 2017

    The Ninth Circuit recently became the first appellate court in the country to rule that an employer’s inclusion of a liability waiver in a background check disclosure is a willful violation of the Fair Credit Reporting Act 

  • Antitrust & Competition Law Client Alert - February 1, 2017

    February 01, 2017

    Each year, the Federal Trade Commission revises the thresholds that determine whether companies are required to notify the FTC and the Antitrust Division of the Department of Justice about the terms of a transaction (merger or acquisition of stock or assets) under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. 

  • DHS Publishes Final International Entrepreneur Rule

    January 30, 2017

    The Department of Homeland Security today published a final rule to improve the ability of certain promising start-up founders to begin growing their companies within the United States and help improve our nation’s economy through increased capital spending, innovation and substantial potential for rapid growth and job creation.

  • Reversal of $340 Million Jury Award Shines Light on Evidentiary Requirements to Establish Anticompetitive Conduct

    January 30, 2017

    In December 2016, the Fifth Circuit Court of Appeals reversed a $340 million jury award in an antitrust, attempted monopolization case, ruling the verdict was not legally supported by the jury’s factual findings.

  • 2016 Louisiana Employment Law Updates

    January 11, 2017

    In 2016, the Louisiana Legislature enacted numerous employment-related laws. Louisiana employers should take note of these new laws to ensure that their policies and procedures are in compliance.

  • Wang v. Nibbelink: A Landowner’s Immunity from Liability for Injuries Caused by a Recreational Activity Expanded to Uninvolved Persons on Adjacent Property

    December 21, 2016
  • Supreme Court’s Decision Not to Hear Manufacturer’s Appeal of $156 Million Antitrust Award Reinforces that “Refusals to Deal” Can be a Minefield for Manufacturers

    December 02, 2016
  • Federal Judge Grants Emergency Injunction Blocking DOL’s New Salary Basis Test for White Collar Exemptions

    November 23, 2016
  • United States District Judge Issues Nationwide Injunction Forbidding the Implementation and Enforcement of the DOL’s Rule Increasing the Minimum Salary Level for Exempt Employees

    November 23, 2016
  • The FCRA: A Little Planning Could Shield Employers from a Lot of Trouble

    November 21, 2016
  • New York Client Alert: November, 2016

    November 02, 2016
  • U.S. Antitrust Authorities Now Characterize Employee Wage-Fixing & No-Poaching Agreements Between Competitors as Criminal Behavior

    November 01, 2016
  • California Insurance Code Does Not Trump Choice of Law Provision in ERISA Benefit Plans

    October 25, 2016
  • Colorado’s New Personnel File Law Goes Into Effect In January: Steps You Can Take Now To Prepare

    October 25, 2016
  • Oregon Court Affirms Duty To Indemnify Full Construction Defect Judgment, Despite Evidence That Some Damage Must Have Occurred Outside Policy Period

    October 10, 2016
  • California Enacts Two Bills Strengthening Protections for Employees

    September 29, 2016
  • Lewis Brisbois Attorneys Defeat $60 Million PAGA Case of First Impression

    September 20, 2016
  • Cal-OSHA’s Web Portal Goes Live on October 3, 2016 – Appeals Just Got Easier!

    September 13, 2016
  • Ignoring Changes to the New ‘Smart’ Form I-9 Will be Costly

    September 13, 2016
  • New York City Broadens Its Already Expansive Human Rights Law

    September 07, 2016
  • Does a New California Law Threaten Your Business? Has Your License Been Revoked? The Writ of Mandate is an Effective Tool to Challenge Government Action.

    August 29, 2016

    It is rare to find a business these days that is not subject to government regulation, especially in the State of California

  • New York & New Jersey Trial Team Update

    August 26, 2016
  • Admissibility of Biomechanical Expert Testimony

    August 24, 2016
  • San Diego Finalizes Amendments to the Earned Sick Leave and Minimum Wage Ordinance

    August 18, 2016
  • California Supreme Court Holds that Arbitrator, Not Court, Decides Whether Arbitration Agreements Permit Class-Wide Arbitration

    August 12, 2016
  • Accessibility 2.0: The Applicability of the ADA to the Internet as a Place of Public Accommodation

    August 12, 2016
  • Post-Incident Drug Testing May Be Retaliation

    August 03, 2016
  • OSHA Penalty Adjustments Take Effect August 1, 2016

    August 02, 2016
  • SB 54 Aims to Oust Non-Trades Contractors From Refinery Construction Work

    August 02, 2016
  • OSHA Turns Up the Heat in California

    July 11, 2016
  • Employment & Labor Law Client Alert - June, 2016

    June 30, 2016

    Los Angeles Paid Sick Leave Ordinance Requirements

  • Intellectual Property Client Alert - June, 2016

    June 21, 2016

    Supreme Court Upholds AIA Trial Standard For Claim Construction

  • Intellectual Property Client Alert - June, 2016

    June 17, 2016

    Supreme Court Outlines New Standards For Attorneys’ Fees Awards In Copyright Cases

  • Employment & Labor Law Client Alert - June, 2016

    June 16, 2016

    Colorado Passes New Pregnancy Accommodation Law

  • Intellectual Property Client Alert - June, 2016

    June 15, 2016

    Supreme Court Rules That Enhanced Damages In Patent Cases Will Now Be Easier To Secure

  • Employment & Labor Law Client Alert - April, 2016

    April 15, 2016
  • California Expands Personal Liability for Wage and Hour Violations and Enhances Labor Commissioner Enforcement Measures Under the New “A Fair Day’s Pay Act”

    February 02, 2016

    On October 11, 2015, Governor Jerry Brown signed into law the “A Fair Day’s Pay Act,” which expands liability for willful wage and hour violations to owners, directors, officers, and managing agents of the employer, as well as establishes new procedures the Labor Commissioner can use to enforce judgments from unpaid wages.

  • Brace Yourself for Winter Storms with Lewis Brisbois’ Polar Vortex of Litigation Booklet!

    January 01, 2016

    Brace yourself for the winter storms heading this way with the Lewis Brisbois Polar Vortex of Litigation booklet! This booklet features tips and tricks for defending and winning snow and ice cases.

  • Transportation Client Alert - August, 2015

    August 01, 2015

    Mayor de Blasio recently instituted changes to the traffic law as part of his “Vision Zero” plan to reduce the number of serious motor vehicle accidents in New York City.

  • Antitrust & Competition Law Client Alert - February 18, 2015

    February 18, 2015
  • Superstorm Sandy Coverage Bulletin

    June 27, 2014

    Both the Federal and State Courts in New York and New Jersey recently issued decisions in disputes arising from Storm Sandy. The Eastern District of New York’s “express train” discovery schedule limiting and expediting discovery in Storm Sandy cases continues. The United States District Court for the District of New Jersey has followed suit. There are over 1,000 Storm Sandy cases alone pending in the Eastern District of New York.

  • Insurance News Flash - April, 2014

    April 01, 2014

    United States District Court Finds Defective Product That Caused Property Damage An “Occurrence” Under A Commercial General Liability Insurance Policy.

  • California Governor Jerry Brown Signs Into Law Senate Bill 255

    October 21, 2013

    Governor Jerry Brown signs into law Senate Bill 255, making it a crime to publish con-consensual "Revenge Porn."

  • New Jersey Insurance Coverage Alert - October, 2013

    October 01, 2013

    A recent New Jersey Supreme Court decision held that a policyholder or claimant must exhaust the policy limits of solvent insurance carriers in long-tail, continuous-trigger cases before seeking statutory benefits from the state Guaranty Association for an insolvent insurance carrier.

  • CA Appellate Court Expands Employer Liability For Vehicle Accidents Occurring During Daily Commutes

    September 24, 2013
    Majid Moradi v. Marsh USA, Inc. (September 17, 2013) Cal. Court of Appeal, Second District
  • Three New Statutes in New Jersey Increase Employee Rights

    September 13, 2013
  • Governor Brown Signed AB 499 and SB 776 Into Law on August 27, 2013

    September 05, 2013
    AB 499 expands the protection period for civil harassment restraining orders and SB 776 asserts that no less than the general prevailing rate of per diem wages be paid to workers and imposes misdemeanor penalties for certain violations of this requirement.
  • Plaintiff Must Exhaust Administrative Remedies in Labor Code Retaliation or Discrimination Actions

    September 03, 2013
    MacDonald v. State of California (C069646) (Aug. 27, 2013)
  • California Court Concludes that Piece-Rate Workers Be Paid an Hourly Wage for Non-Piece-Rate Work

    July 30, 2013
    In Gonzalez v. Downtown LA Motors, LP (April 2, 2013) 215 Cal.App.4th 36, a California Court concluded that piece-rate workers must be paid separate hourly wage for non-piece-rate work.
  • Oregon Insurance Coverage Alert - July, 2013

    July 16, 2013

    Oregon Environmental Insurance Law Creates New Risks, Requirements & Restrictions

  • Employer Mandate To Provide Health Insurance Delayed Until 2015

    July 03, 2013
    Implementation of the Affordable Care Act's "pay or play" provisions has been delayed until at least January 1, 2015.
  • U.S. Supreme Court Holds That Title VII Retaliation Claims Utilize Principles of “But-For” Causation

    July 01, 2013
    University of Texas Southwestern Medical Center v. Nassar, 568 U.S. __ (No. 12-484)
  • U.S. Supreme Court Narrowly Defines “Supervisor” for Purposes of Title VII Vicarious Liability

    June 27, 2013
    Vance v. Ball State University, 570 U.S. ___ (2013)
  • Supreme Court Defers to Arbitrator’s Decision to Allow Class Arbitration

    June 20, 2013
    But Leaves Door Open to Let Courts Decide the Availability of Class Arbitration in the First Instance
  • Employers Must Give Employees Notice of Health Insurance Exchanges by October 1, 2013

    June 11, 2013
    The Department of Labor recently issued guidance on how and when employers are to notify employees about the availability of state-run health insurance exchanges, and provided sample notices for employers to provide to their employees. All employers must comply with this notification requirement whether or not the employer is obligated to provide health insurance or pay penalties.