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Client Alerts
New Independent Contractor Test Limited to Claims Arising Under California’s Wage Orders
In April 2018, the California Supreme Court adopted a new test to determine whether a worker is an employee or an independent contractor (Dynamex Operations West, Inc. v. Superior Court of …
When It Comes to Insurance Coverage, Ignorance Is Anything but Bliss
A recent case out of New York state underscores the importance of knowing your insurance program and fulfilling the conditions precedent to coverage. Having a document that: 1) identifies the …
Big Brother is Always Watching…and Listening? But, Did You Consent to That?
“Always eyes watching you and the voice enveloping you. Asleep or awake, indoors or out of doors, in the bath or bed—no escape. Nothing was your own except the few …
Oregon Requires Arbitration and “Flow-Down” Provisions to Adhere to Ordinary Rules of Contract Interpretation
The Court of Appeals of Oregon has rendered a decision which merits notice by construction subcontractors regarding the enforcement of arbitration provisions and the way contracts are worded. (Eugene Water …
Sears Files for Chapter 11 Bankruptcy
In the early morning hours of October 15, 2018, Sears Holding Corp. and various related entities filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Southern District …
Sweeping Changes to Harassment Laws in California
Recently, Leech Tishman Partner Philip A. Toomey wrote about significant legislative measures that were approved by Governor Brown in response to the #MeToo movement. In particular, Senate Bill No. 1300 …
USPTO Announces Extension of The After Final Consideration Pilot 2.0
The United States Patent and Trademark Office (“USPTO”) announced recently that its After Final Consideration Pilot 2.0 (“AFCP 2.0”) has been extended through September 30, 2019. Under the current patent …
Tax Cuts and Jobs Act Expands Permissible Uses for 529 Plans
The Tax Cuts and Jobs Act (TCJA), which was recently enacted by Congress, expands permissible uses for 529 plans for education. 529 plans, which allow cash contributions to a tax-advantaged …
Governor Brown Approves Legislation Intended to Protect and Support Women, Children and Working Families Across California
In this session, the California Legislature sent to the Governor for approval 1,217 separate bills. The Governor had until September 30, 2018 to approve or veto the proposed legislation. By …
California Labor Code Update: Employees Have Right to Receive a Copy of Their Pay Statements from Employer
On September 17, 2018, California Governor Jerry Brown signed legislation that is declaratory of Section 226 of the California Labor Code. Labor Code Section 226 currently requires, among other things, …