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SB 1186 Update: California Legislature Attempts to Promote Compliance with Accessibility Standards and to Curtail Vexatious...

In September 2012, the California State Legislature enacted SB 1186 in an effort to cut back on opportunistic litigation and encourage compliance with disability access laws. The new law imposes additional notice, procedural...more

Kiobel v. Royal Dutch Petroleum: Beyond the Alien Tort Statute—Broadly Extending the Presumption Against the Extraterritorial...

Since the Second Circuit decided Filártiga v. Pena-Irala in 1980, plaintiffs have deployed the Alien Tort Statute (“ATS”) to great effect against multinational corporations. The statute — which had lain dormant since 1789 —...more

American Bankers Association Real Estate Lending Conference - Qualified Mortgages: A Sea Change For Mortgage Lenders

In This Presentation: - The Qualified Mortgage (QM) Rule - Small Creditor QM Proposal - The Ability-to-Repay (ATR) Rule: What It Says and What It Means - Liability for Failure to Comply with the ATR and QM...more

Updates from the Second Circuit and Supreme Court About Arbitration Provisions and Potential Impact on Employers

Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more

The Beginning of the End for Wage & Hour Class Actions Through Arbitration Agreements? Second Circuit Sets Stage

Suppose you have your employees’ sign agreements to arbitrate all of their employment disputes. (I’ve talked about arbitration agreements in many posts before.)...more

Second Circuit Vindicates Concepcion in Gender Discrimination Case

In April 2011, the U.S. Supreme Court handed down its landmark opinion in AT&T Mobility v. Concepcion, holding that the Federal Arbitration Act preempted California's Discover Bank rule, which had previously voided waivers of...more

Second Circuit Upholds Enforceability of Arbitration Agreements that Bar Title VII Class Actions, Finding that there is no...

On March 21, 2013, the Second Circuit issued its opinion in Parisi v. Goldman Sachs & Co., Case No. 11-5229, reversing a decision from the Southern District of New York, and holding that arbitration agreements which preclude...more

2013 US Labor and Employment Horizon

Overview - As a resource to our clients, the Labor, Employment and Workplace Safety team at K&L Gates has summarized major legislative changes and key cases affecting employers in 2013 in certain key states in which we...more

Employment Flash - February 2013

In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...more

Fenwick Employment Brief - February 2013

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

California Court Upholds Arbitration Agreement

Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex....more

Elane Photography v. Willock

Motion For Leave To File Brief Of Amici Curiae - The CATO Institute, Prof. Dale Carpenter, And Prof. Eugene Volokh

Elane Photography, a Christian-identified business in Albuquerque, declined to photograph Vanessa Willock's same-sex commitment ceremony based on the business owners' personal beliefs. New Mexico law prohibits any refusal to...more

California Property and Business Owners Gain Protection from Predatory ADA Lawsuits

California business owners gained new protection against expensive, predatory lawsuits involving disability access laws last week as Gov. Jerry Brown signed into law Senate Bill 1186. It became effective September 19, 2012....more

New Decision Highlights the Importance of Forum Selection Clauses in Cross-Border Employment Agreements

Multinational employers often negotiate, with their key employees, employment agreements and restrictive covenants that prohibit unfair competition across borders. To prevent inconsistent judgments and give the parties a...more

California Employment Law Notes - September 2012

In This Issue: - Desperate Housewife's Wrongful Termination Claim Should Have Been Dismissed: Touchstone Television Prods. v. Superior Court, 208 Cal. App. 4th 676 (2012) - Post-Employment Non-Compete Covenant...more

Weekly Law Resume - August 23, 2012: Disneyland Unable to Prevent ADA Plaintiff from Using Segway Unless It Proves Segways Can’t...

Tina Baughman v. Walt Disney World Company United States Court of Appeals, Ninth Circuit (July 18, 2012) Plaintiff Tina Baughman suffers from limb girdle muscular dystrophy, which makes it difficult for her to walk or...more

Ninth Circuit Reverses Dismissal of Pricing Discrimination Suit Against Auto Dealers

On July 13, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of a Department of Justice suit alleging that two automobile dealers violated the Equal Credit Opportunity Act by charging...more

A Month in UK Employment Law - May 2012

A monthly newsletter covering the latest developments in UK Employment Law. - Case Update...1 - News Update...7 Excerpt from Case Update: MANDATORY RETIREMENT AND AGE DISCRIMINATION Under the Equality...more

Comment On Case: Ceglia v. Zuckerberg and Facebook, Inc. (Diversity of Citizenship)

In the case of Ceglia v. Zuckerberg and Facebook Inc., the plaintiff, Paul D. Ceglia avers that he is a resident of the State of New York and that Mark Elliot Zuckerberg, CEO of Facebook, Incorporated, is a resident of...more

Weekly Law Resume - March 22, 2012: ADA Plaintiff Subject to Breach of Contract Claim For Suing a Business Owner a Second Time

Thomas Mundy v. Laura D. Lenc Court of Appeal, Second Appellate District (February 29, 2012) Plaintiff Thomas Mundy is confined to a wheelchair. In June 2009, he went to a bar owned by Laura Lenc and could not use the...more

October 2011: Class Action Update

Class-Less Actions: Depending on which side of the class action divide you are on, 2011 has been either a very good year or a disaster. In April, and again in June, the United States Supreme Court issued decidedly...more

Corboy v. Louie

Brief Amicus Curiae Of Pacific Legal Foundation, CATO Institute, et al., In Support Of Petitioners

Hawaii continues to think that it's not quite part of the United States and thus not fully subject to U.S. law. In the 2000 case of Rice v. Cayetano, the Supreme Court struck down race-based voting requirements for certain...more

InfoBytes, September 16, 2011 - A Weekly In-depth review of news & developments in the financial services industry

In This Issue: • Federal Issues • Courts • Firm News • Mortgages • Banking • Litigation • E-Financial Services Excerpt from "E-Financial Services" California District Court Allows Missouri Resident...more

Weekly Law Resume - September 1, 2011: Americans with Disabilities Act—Pleading Barriers—Plaintiffs Must Plead Alleged...

A.J. Oliver v. Ralphs Grocery Company, et al. Ninth Circuit Court of Appeals (August 17, 2011) Under Title III of the Americans with Disabilities Act, 28 U.S.C. §§ 12181 et seq. ("ADA"), an individual with disabilities...more

Legal Alert: Texas Supreme Court Permits Expansive Review of Arbitration Awards

The Texas Supreme Court recently held that parties to an arbitration agreement governed by the state's arbitration act can agree that the arbitrator's decision will be subject to review to the same extent as a court decision...more