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Corporate Law Report: Cybersecurity, CEO Social Media, New Workplace Laws, Healthcare Reform in 2013
On July 18, 2014, a coalition of plaintiff-side lawyers and government watchdog groups proposed ways to strengthen the SEC whistleblower program in two petitions filed with the SEC. The groups urged the SEC to update Rule...more
The purpose of this memorandum is to summarise employment issues arising in the United Arab Emirates (UAE). This note focuses on the UAE Federal Law No. 8 of 1980 (the Labour Law). It also describes the employment law that...more
California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims -
Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...more
A non-compete agreement is a vital tool that companies use to protect their confidential and trade secret information and their customer and employee relationships. Employers, of course, want to avoid the trouble of running...more
The Fourth Circuit affirmed order from the United States District Court for the Eastern District of Virginia compelling arbitration of former employee’s federal claims under the Age Discrimination in Employment Act (ADEA),...more
As if employers needed one, we now have yet another decision invalidating a termination provision for failure to comply with the Employment Standards Act, 2000 (the “ESA”): Miller v. A.B.M. Canada Inc., 2014 ONSC 4062...more
Finally! The California Supreme Court recently fell in line with the United States Supreme Court on the enforceability of class action waivers in arbitration agreements by upholding their enforceability. Previously, the...more
Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more
Compelled by U.S. Supreme Court precedent advancing arbitration as a method of dispute resolution, the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC (No. S20432, June 23, 2014) held that its...more
This time of the year county board of education personnel offices are busy filling both professional and service positions for the fast approaching 2014-15 school year (yeah, it’s hard to believe the school year will be here...more
In a welcome development for California businesses, the California Supreme Court issued a favorable ruling on June 23, 2014, holding that California law permits employers to require employees to sign arbitration agreements...more
Class action waivers in arbitration agreements are enforceable according to a California Supreme Court decision issued yesterday. In Iskanian v. CLS Transportation Los Angeles, LLC, the California Supreme Court finally...more
The U. S. District Court for the Eastern District of Virginia says a company that hired away a competitor’s employees may be liable for tortious interference. This can occur with an at-will business contract without the need...more
The California Supreme Court has ruled that class action waivers in employment arbitration agreements are enforceable – with one gaping exception. Iskanian v. CLS Transportation Los Angeles, L.L.C., S204032 (Cal. June 23,...more
As education and employment lawyers, we experience schools’ collective challenges at a far greater rate than any individual institution. This year, the issue that schools have struggled with most is the failure to document...more
On June 23, the California Supreme Court issued its first opinion upholding a class action waiver following the U.S. Supreme Court’s seminal decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011). Iskanian v....more
In an opinion filed June 23, 2014, Iskanian v. CLS Transportation Los Angeles, LLC,(Iskanian) the California Supreme Court gave employers some relief when faced with class action suits. The court's significant decision will...more
California Supreme Court rules the Federal Arbitration Act preempts State’s refusal to enforce class arbitration waivers on public policy or unconscionability grounds; holds PAGA claims unwaivable.
On June 23, 2014,...more
On June 23, the California Supreme Court in Iskanian v. CLS Transportation, a case involving state wage and hour claims, recognized that the U.S. Supreme Court's 2011 Concepcion decision effectively invalidated the California...more
Given the rising use of non-competes in all manner of businesses, we asked JD Supra contributors to tell us what's required in a successful agreement between employer and employee. Here is what we heard back....more
A recent decision from the Massachusetts federal district court serves as a good reminder to Massachusetts employers that courts are unlikely to view the breach of a non-disclosure/confidentiality agreement as justification...more
The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the...more
In AB v. CD  EWCA Civ 229, the Court of Appeal for England and Wales addressed an issue with surprisingly little precedent. It held that a claimant seeking an injunction to prevent an alleged wrongful termination of a...more
However, the court found PAGA representative action waivers unenforceable; employers should consider practical implications with respect to arbitration agreements.
On June 23, the California Supreme Court issued its...more
The beginning of summer marks the start of a new chapter for both recent graduates looking for work and the businesses looking to hire them.
But before you dive into that growing pile of resumes on your desk, take a...more
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