Legal Alert, Business Litigation
2020 | Legal Alert, Business Litigation
In Ixchel Pharma, LLC v. Biogen, Inc., S256927, 2020 WL 4432623 (Cal. Aug. 3, 2020) (“Ixchel Pharma”), the Supreme Court of California clarified two points: (1) that to state a claim for interference with an at-will contract by a third party, the plaintiff must allege that the defendant engaged in an independently wrongful act, and (2) whether contractual restraints on business-to-business contracts are invalid depends on whether the restraint is reasonable.
Legal Alert, Insurance Coverage
2020 | Legal Alert, Insurance Coverage
Using a carrot-and-stick approach, Nevada’s new law limits civil liability for personal injury or death resulting from COVID-19 for most businesses in exchange for compliance with controlling COVID-19 health standards. However, failing to comply with such standards may result in personal injury liability, fines, and business license suspensions.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
The National Labor Relations Board (“NLRB” or “Board”) has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements. Employers should not ignore this body of law, which applies to union and non-union employers alike.
Case Summary, Labor and Employment Law
2020 | Case Summary, Labor and Employment Law
This month's key employment law cases involve ministerial exception, arbitration agreements, and Private Attorneys General Act (PAGA).
Article, Business Litigation
2020 | Article, Business Litigation
Freedom of contract is broad. Parties have many options when divvying up rights and duties pursuant to a written contract. Remedies can be limited; damages can be liquidated. One option is an indemnity provision. Everyone knows what that entails, right?
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
On July 24, 2020, California released the Employer Playbook for a Safe Reopening. The Employer Playbook provides detailed information for employers in an easy-to-read checklist format.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
In the past few months, federal, state, and local governments have rapidly and constantly proliferated laws, orders, and guidance for conducting business in light of COVID-19. Unless a business has personnel dedicated to monitoring the ever-changing legal requirements related to the pandemic, it can be terribly confusing and difficult to keep track of this morass of information. The purpose of this article is to identify the California guidance, federal laws and federal agency guidance, and local orders, ordinances, and local public health agency guidance, applicable to businesses and to explain the relationship between them.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
This promises to be the year that requires businesses to be highly adaptable in meeting staffing needs while supporting employees with school-age children. In today’s press conference, Gov. Gavin Newsom announced schools in counties on the County Data Monitoring list may not physically reopen school campuses for in-person instruction this coming fall until certain criteria are met. This mandate is applicable to private and public schools.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
California Gov. Gavin Newsom has ordered the closure of certain indoor businesses across the entire state of California. He has also placed additional restrictions on 30 counties, including Orange, Los Angeles, and San Diego. The strict shutdowns are being put into place as a response to a surge of COVID-19 cases within the state.
