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Supreme Court Upends Regulatory Law – Major Impact on Employers Possible!

For the past 40 years, federal administrative agencies have enjoyed broad latitude in interpreting statutes passed by Congress. Known as “Chevron deference,” courts have routinely deferred to the agencies’ often politically...more

Viking River Who?  Another Cautionary Tale About Arbitration Agreement Drafting

A recent unpublished California Court of Appeal decision, Hegemier v. A Better Life Recovery LLC, Cal. Ct. App., 4th Dist., No. G061892, demonstrates the potential consequence of drafting an arbitration agreement without...more

Courts Are Overwhelmingly Staying Non-Individual Claims When Compelling Individual PAGA Claims to Arbitration

As we wrote previously, last summer’s blockbuster decision in Adolph v. Uber Technologies, Inc., 14 Cal. 5th 1104 (2023) contained a notable silver lining. In ruling that a Private Attorneys General Act (“PAGA”) plaintiff’s...more

SCOTUS Provides Further Support For Staying PAGA Court Actions Pending Arbitration

With Adolph v. Uber Technologies, Inc. in the books, it is now clear that Private Attorneys General Act (PAGA) plaintiffs do not lose standing to pursue representative claims in court when their individual PAGA claims are...more

Adolph Parts With Viking River, Opening Path for Arbitration-Bound Plaintiffs to Pursue PAGA Claims in Court

On July 17, 2023, approximately one year after the U.S. Supreme Court’s landmark decision in Viking River Cruises, the California Supreme Court issued its highly-anticipated decision in Adolph v. Uber Technologies. The Court...more

It May Be Time To Update Those Arbitration Agreements Again!

Back in the “good old days,” arbitration agreements barred just about any type of civil litigation that was filed in court. Then, as we reported in 2014, the California Supreme Court determined that Private Attorneys General...more

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