On Sept. 28, 2018, California Gov. Jerry Brown signed into law Senate Bill (“SB”) 838 and Assembly Bill (“AB”) 2658, which together will spur more innovation in and adoption of blockchain and cryptocurrency technologies. More...more
The recent and pervasive trend of lawsuits being filed against companies based upon website accessibility issues, including numerous suits brought against hospitality companies for such issues and for failure to identify...more
9/4/2018
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Fair Housing Act (FHA) ,
FEHA ,
Property Management Companies ,
Property Managers ,
Public Accommodation ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability
Beginning July 1, 2018, hospitality employers in California will be required to comply with new regulations for policies and training practices for housekeepers. The California Occupational Safety and Health Administration...more
It is likely that 2018 will be looked back upon as an inflection point with regard to privacy rights, ecommerce and the development of the internet. First, the Allow States and Victims to Fight Online Sex Trafficking Act...more
In fewer than 90 days, new Prop. 65 regulations will apply to a wide variety of hospitality operators in California. Gas stations and coffee houses have been required to post warning signs for years under the California Safe...more
The California Legislature is considering enacting Assembly Bill 1859 (“AB 1859”), which would impose substantial new security obligations on consumer credit reporting agencies and companies that contract with such agencies....more
While we usually think that that the Americans with Disabilities Act (“ADA”) is limited to physical barriers impacting disabled individuals, such as whether doorways are wide enough or ramps too steep, lawyers for disabled...more
The January 5, 2017, Complaint filed by the Federal Trade Commission (“FTC”) in the U.S. District Court for the Northern District of California (“Court”) against D-Link Corporation and D-Link Systems, Inc. (Federal Trade...more
On August 1, 2017, the D.C. Circuit handed down its decision in the data breach class action Attias v. CareFirst. In doing so, it became the latest federal appellate court to recognize that individual victims of a breach have...more
What do glasses retailer Warby Parker Retail, Inc., delivery service Grubhub, pizza company Domino’s and media streaming giant Netflix have in common, besides having significant online services? The answer is that they have...more
8/10/2017
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Dominos ,
Internet Retailers ,
Public Accommodation ,
Retailers ,
Split of Authority ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites ,
Winn-Dixie Stores
On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) unveiled a long-awaited and highly contentious final rule to severely curtail the scope of arbitration clauses in consumer financial contracts. While the rule...more
The U.S. Supreme Court’s recent decision in Kokesh v. SEC provides the defense bar with significant ammunition to argue for lower monetary sanctions in securities enforcement matters pending in federal district courts. In...more
Does that actress with the glowing skin really use the luxury moisturizer she keeps raving about on Instagram? What about that NBA player you’re following? Did he actually pay for the pricey new sneakers he’s showing off in...more
California continues to modify the Concepcion landscape. On April 6, 2017, the California Supreme Court once again issued a pro-consumer ruling that is already being applauded by the plaintiffs’ bar. The ruling came out in...more
From March 19–22, the Securities Industry and Financial Markets Association (“SIFMA”) hosted its Annual Compliance & Legal Society Seminar in San Diego, California. This seminar is the top conference for financial...more
By following trends and monitoring successful defenses in data breach litigation, companies can often avoid the reputational harm caused by making headlines. For most companies,it is not a question of whether they have been...more
The Consumer Financial Protection Bureau’s (CFPB) reign as an unchecked power just suffered a significant check. On Oct. 11, 2016, the U.S. Court of Appeals for the District of Columbia found that the CFPB’s structure was...more
10/15/2016
/ Anti-Kickback Statute ,
Appeals ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Director Removal ,
Dodd-Frank ,
Government Agencies ,
Mortgage Lenders ,
PHH Corp. v CFPB ,
Remand ,
Removal At-Will ,
Removal For-Cause ,
RESPA ,
Separation of Powers ,
Single Director ,
Vacated
To follow up on our Client Alert of April 25, 2016, California Gov. Jerry Brown signed California Senate Bill 1241, codified as Labor Code section 925, into law earlier this week. This means that starting Jan. 1, 2017,...more
On July 29, 2016, the three Federal Trade Commission (“FTC”) commissioners vacated their chief administrative law judge’s bold decision to dismiss the agency’s action against a medical testing lab, LabMD, In the Matter of...more
As expected, the Consumer Financial Protection Bureau (CFPB) used today’s field hearing in Albuquerque, N.M. to roll out a Notice of Proposed Rulemaking (NPRM) that would significantly limit companies’ ability to use...more
Out-of-state companies doing business in California would be well-advised to look closely at a new bill pending in the California State Legislature. If you are concerned about defending litigation cases in the most...more
On March 7, 2016, the Consumer Finance Protection Bureau (“CFPB”) announced that its complaint database would now accept complaints from consumers encountering problems with loans from online marketplace lenders. According to...more
A Nov. 13, 2015 ruling supports the argument that various companies and lawyers have been making for years: the Federal Trade Commission is exceeding its authority in prosecuting cybersecurity breaches under Section 5 of the...more
On October 8, 2015, California Gov. Jerry Brown signed into law one of the toughest bans in the nation on personal care products containing plastic microbeads. Plastic microbeads are frequently used by cosmetic companies in...more
Throughout its short history, the Consumer Financial Protection Bureau (“CFPB”) has asserted jurisdiction over various nontraditional consumer-related financial industries, from law firms to collection agencies and automobile...more