Eye on the Courts: IP Cases for Retailers to Note -
Why it matters -
Retail companies have closely monitored a series of cases from the U.S. Supreme Court on down, which have focused on IP matters covering induced...more
1/23/2016
/ Arbitration ,
Class Action ,
Copyright ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
NLRB ,
Patent Infringement ,
Patent Trolls ,
Patents ,
Retail Market ,
Right of Publicity ,
Trademark Infringement ,
Trademarks
California Updates Data Security Laws -
Why it matters:
The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by...more
11/17/2015
/ Background Checks ,
Celebrity Endorsements ,
Class Action ,
Comparative Advertising ,
Credit Card Surcharges ,
Data Security ,
False Advertising ,
Federal Trade Commission (FTC) ,
NAD ,
NLRB ,
Non-Disparagement Provisions ,
Nordstrom Inc. ,
On-Call Employees ,
Sex Discrimination ,
USERRA ,
Volkswagen
We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more
11/5/2015
/ Advertising ,
Anti-Pay Secrecy ,
Barnes and Noble ,
Celebrity Endorsements ,
Certifications ,
Child Pornography ,
Chilling Effect ,
Class Action ,
Confidentiality Agreements ,
Cooperation ,
Corporate Crimes ,
Country of Origin ,
Department of Justice (DOJ) ,
Disclosure ,
Dodd-Frank ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Fair Pay Act ,
Federal Arbitration Act ,
Federal Trade Commission (FTC) ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Governor Vetoes ,
Green Guides ,
Guilty Pleas ,
Individual Accountability ,
Internal Reporting ,
Investigations ,
Jared Fogle ,
Job Promotions ,
Judicial Review ,
Mach Mining v EEOC ,
Made in the USA ,
Mandatory Arbitration Clauses ,
Michael Jordan ,
NAD ,
Name and Likeness ,
New Legislation ,
On-Duty Meal Period Waivers ,
Pre-Suit Investigation ,
Preemption ,
Product Labels ,
Professional Misconduct ,
Puffery ,
Recordkeeping Requirements ,
Right of Publicity ,
Seal ,
Securities and Exchange Commission (SEC) ,
Sex Discrimination ,
Statute of Limitations ,
Substantially Similar ,
Subway ,
Superiority Claims ,
Title VII ,
Unfair or Deceptive Trade Practices ,
Wage and Hour ,
Warning Letters ,
Whistleblowers ,
White Collar Crimes ,
Yates Memorandum
Joint Employers Can Be Liable for Employee Misclassification in California:
Why it matters -
Liability under the California Labor Code extends to joint employers that are aware of a willful misclassification of an...more
6/29/2015
/ Civil Monetary Penalty ,
Class Action ,
Department of Labor (DOL) ,
Discrimination ,
Earned Sick Time ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Hostile Environment ,
Independent Contractors ,
Joint and Several Liability ,
Joint Employers ,
Minimum Wage ,
Misclassification ,
OSHA ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Transgender ,
Tyson Foods ,
Wage and Hour
Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules -
Why it matters:
In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more
6/15/2015
/ Abercrombie & Fitch ,
Class Action ,
Disability ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Health Care Providers ,
Hiring & Firing ,
Litigation Strategies ,
Mootness ,
On-Call Employees ,
On-Duty Meal Period Waivers ,
Religious Accommodation ,
Religious Discrimination ,
Rest and Meal Break ,
SCOTUS ,
Security Guards ,
Settlement ,
TCPA ,
Text Messages ,
Texting ,
Title VII ,
Wage and Hour
U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process -
Why it matters:
The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more
5/14/2015
/ Class Action ,
Conciliation ,
Dress Codes ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Harassment ,
Internal Reporting ,
Mach Mining v EEOC ,
NLRB ,
Rest and Meal Break ,
SCOTUS ,
Security Checks ,
Title VII ,
Wage and Hour
No Class Action Waivers on PAGA Claims: With Cert Denial, California’s Iskanian Decision Stands -
Why it matters: It’s official: The U.S. Supreme Court has declined to review the California Supreme Court’s decision in...more
2/5/2015
/ ABC Test ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Employee Definition ,
Family and Medical Leave Act (FMLA) ,
Independent Contractors ,
Iskanian v CLS Transportation ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
SCOTUS ,
Sick Leave
DOL Grants Could Signal More Misclassification Actions -
Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more
10/30/2014
/ ADEA ,
Adverse Employment Action ,
Age Discrimination ,
Class Action ,
Class Action Arbitration Waivers ,
Delivery Drivers ,
Department of Labor (DOL) ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FedEx ,
FEHA ,
Medical Examinations ,
Misclassification ,
NFL ,
Strategic Enforcement Plan
Today, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transportation Los Angeles, Inc. The Court upheld the general enforceability of class waivers in mandatory employment arbitration...more
Appellate Court Tosses Employee’s Seating Suit -
Why it matters: An employer won a rare victory in a suitable seating case when a California appellate court affirmed summary judgment in a suit brought by a sample...more
California Supreme Court Strikes Down $15 Million Employee Class Action Win and Orders Decertification in Duran V. U.S. Bank Nat’l Ass’n -
Why it matters: On May 29, 2014, the California Supreme Court unanimously...more
6/3/2014
/ Arbitration Agreements ,
Banks ,
Class Action ,
Class Certification ,
Confidentiality Agreements ,
Corporate Officers ,
Decertify ,
Employee Rights ,
Exempt-Employees ,
Family and Medical Leave Act (FMLA) ,
Restrictive Covenants ,
Technology ,
US Bank National Association
California Employers Face Rise In PAGA Suits -
Why it matters: California employers are facing a proliferation of suits filed under the State’s Private Attorney General Act (PAGA): new data reveals that the number of...more