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Implied Covenant Of Good Faith And Fair Dealing Saves California Employer’s Arbitration Agreement

Serpa v. California Surety Investigations, Inc., No. B237363 (April 19, 2013): In a recent decision, a California Court of Appeal held that an arbitration agreement contained in an employee handbook was not invalid solely on...more

6/24/2013 - Arbitration Arbitration Agreements Attorney's Fees Covenant of Good Faith and Fair Dealing Employee Handbooks

FAAAA Preemption Continues to Zigzag Through California Courts

Federal preemption of California’s meal and rest break laws as applicable to truck drivers under the Federal Aviation Administration Authorization Act (the FAAAA) continues to zigzag through California’s federal courts. In...more

12/21/2012 - FAAAA Preemption Rest and Meal Break Wages

California Court Affirms that Customer Lists Can Qualify as Trade Secrets

Under California’s trade secret laws, a trade secret is information that (a) is not generally known in the industry, to the public, or to others who can realize economic value from its disclosure or use; (b) has independent...more

10/24/2012 - Customer Lists Non-Compete Agreements Restrictive Covenants Trade Secrets

California Appellate Decision Applies a Limited Exception to California’s General Rule Prohibiting Restrictive Covenants

In a decision from California’s Fourth Appellate District, Fillpoint, LLC v. Maas et al., 208 Cal. App. 4th 1170 (Aug. 24, 2012), the court confirmed California’s general rule prohibiting restrictive covenants, as well as the...more

10/18/2012 - Non-Compete Agreements Restrictive Covenants

Federal Preemption of Meal and Rest Breaks is Gaining Steam

In a significant decision for transportation companies operating in California, a federal district court judge recently dismissed putative class claims brought by truck drivers who alleged meal and rest break violations under...more

10/15/2012 - Class Action FAAAA Preemption Rest and Meal Break

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