Sheppard Mullin Richter & Hampton LLP

Arbitration Agreement With PAGA Waiver And Opt Out Provision Deemed Unenforceable

Last month, a California Court of Appeal invalidated an arbitration agreement for including a representative action waiver combined with a non-severability clause…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

California Court of Appeal Lowers the Bar on Ascertainability Requirement in Consumer Class Actions

In Aguirre v. Amscan Holdings, Inc., Case No. 073059, 2015 Cal. App. LEXIS 214 (Cal. Ct. App. Feb. 11, 2015), a California Court of Appeal reversed the denial of certification of a putative class alleging violation of Civil Code…more
| Civil Procedure, Finance & Banking, Consumer Protection

Full Speed Ahead for Meaningful Use

On Friday, March 20, 2015, the Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule which would make significant changes to the federal Medicare and Medicaid Electronic Health Records (“EHR”) Incentive…more
| Health

Those NDAs May Not Be Worth the Paper They Are Written On

It is a given that companies strive to protect their intellectual property. Over the years, as an instrument of that protection, companies have made increasing use of non-disclosure agreements to advance that objective. A…more
| Civil Procedure, Intellectual Property, Government Contracting

NLRB “Quickie Election” Rule Accelerates the Union Organizing Process

In December 2014, the National Labor Relations Board (“NLRB”) announced new rules governing “Representation—Case Procedures.” The new rules—set to take effect in just under a month, on April 14, 2015—have been commonly referred…more
| Labor & Employment Law

CFPB Issues Compliance Bulletin On Confidentiality of Supervisory Information

On January 27, 2015, the Consumer Financial Protection Bureau (“CFPB”) issued a compliance bulletin reminding supervised financial institutions (including large depository institutions, credit unions and their affiliates,…more
| Finance & Banking, Privacy, Consumer Protection

Uber, Lyft Decisions Highlight Difficulty of Classifying Workers in the Modern Economy

“The test the California courts have developed over the 20th Century for classifying workers isn’t very helpful in addressing . . . 21st Century problem[s].” So concluded the court in Cotter v. Lyft, Inc., one of two opinions…more
| Labor & Employment Law, Transportation

More Risk for All and “Free” Care?

While the Supreme Court continues to debate the outcome of King v. Burwell in their chambers, stakeholders must be prepared for the potential fallout the nine justices’ ruling may have. Two weeks ago, we summarized the…more
| Elections & Politics, Health, Insurance, Taxation

Not So Small After All: CallFire Uses Common Carrier Defense to Defeat Rinky Dink TCPA Class Action Case

Last month, in Rinky Dink, Inc. v. Electronic Merchant Systems, et al., No 13-cv-01347, 2015 WL 778065 (W.D. Wash. Feb. 24, 2015), online voice and text provider CallFire became one of the first (if not the first) TCPA…more
| Communications & Media Law, Consumer Protection

Supreme Court of New Jersey Adopts Faragher/Ellerth Affirmative Defense

On February 11, 2015, the Supreme Court of New Jersey expressly adopted the test created by the United States Supreme Court in Faragher v. City of Boca Raton, 524 U.S. 775, 807 (1998) and Burlington Indus., Inc. v. Ellerth, 524…more
| Civil Procedure, Civil Rights, Labor & Employment Law

“Unlimited” Time Off Policies – Fad or Fun?

Over the past several years the concept of “unlimited” vacation policies have sprung up around the philosophy that it allows companies to treat its employees with respect and empower them to make their own decisions regarding…more
| Labor & Employment Law, Science, Computers, & Technology

Court Finds that Class Action Plaintiffs’ False Advertising Claims are Stripped Bayer Based on Federal Preemption

In the recent case of Gallagher v. Bayer AG, Case No. 14-cv-04601-WHO (N.D. Cal. March 10, 2015), the plaintiffs asserted that the defendants Bayer AG and related entities (collectively, “Bayer”) engaged in false advertising…more
| Civil Procedure, Communications & Media Law, Conflict of Laws, Consumer Protection, Products Liability

U.S. Supreme Court Holds Agency Interpretations Are Not Subject To Notice-and-Comment Rulemaking Requirement

In 2004, the DOL revamped its regulations regarding the Fair Labor Standards Act (FLSA) administrative exemption. In 2006, the Bush DOL issued an opinion letter finding that mortgage loan officers qualified for the…more
| Administrative Law, Civil Procedure, Labor & Employment Law

[Event] Protecting Your Company When Key Suppliers and Customers Enter Bankruptcy - Mar. 25, Palo Alto, CA

At this intimate roundtable discussion, our finance and bankruptcy experts will update you on recent supply chain developments and be available for your related questions…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Finance & Banking

[Event] The Aerospace & Defense Forum: Cross-Border Opportunities in Mexican Aerospace - Mar. 24, San Diego, CA

The objective of this panel is to provide practical insights and guidance to U.S. aerospace firms doing business in Mexico, both as an end market, as well as a source of operating and business advantages. Our panel will include…more
| Business Organizations, International Law & Trade, Science, Computers, & Technology, Government Contracting
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333 S. Hope Street, 43rd Floor
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400+ Attorneys

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