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Sheppard

California Supreme Court Warns That Confidentiality Agreements May Undermine Arbitration Agreements

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When Confidentiality Clauses Undermine Arbitration Agreements - In Fuentes v. Empire Nissan, Inc., --- P.3d --- (Cal. Feb. 2, 2026), the California Supreme Court issued an important decision for employers who seek to...more

Thompson Coburn LLP

Fuentes v. Empire Nissan: Heightened Scrutiny for Arbitration Agreement Unconscionability

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In Fuentes v. Empire Nissan, Inc., the California Supreme Court recently issued an opinion calling on courts to “closely scrutinize” arbitration agreements for substantive unconscionability where there is extreme procedural...more

Seyfarth Shaw LLP

California High Court Says Contract Illegibility Warrants Increased Substantive Scrutiny

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The California Supreme Court held that illegibility and tiny font are matters of procedural, not substantive, unconscionability. However, courts must closely scrutinize the terms of hard-to-read agreements for unfairness, and...more

CDF Labor Law LLP

California Supreme Court “Clarifies” Standard for Enforcement of Illegible Arbitration Agreements

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In employment cases, Plaintiff’s claim that arbitration agreements with small or blurry print should not be enforced as substantively and procedurally unconscionable due to the difficulty in reading the words in the contract....more

Payne & Fears

Key California Employment Law Cases: February 2020

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Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary:  The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more

Best Best & Krieger LLP

Only A Contracting Party May Sue Under Government Code Section 1092

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Calif. Supreme Court: San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego - Only a party to a contract may bring a legal action under Government Code section 1092 to invalidate...more

Fisher Phillips

California Supreme Court Provides Valuable Blueprint For Your Arbitration Agreement Strategy

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The California Supreme Court recently handed down an intriguing decision which casts doubt on – and in some cases even condemns – some of the most common practices used by employers in both drafting and presenting arbitration...more

Snell & Wilmer

Drafting Franchise Agreements After Patterson v. Domino’s : Avoiding the Minefield of Vicarious Liability and Joint Employment

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Lauded as one of the most important franchise cases in the recent past, Patterson v. Domino’s established a new standard for addressing vicarious liability issues in California. In reaching its decision that Domino’s was not...more

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