Insights
Client Alerts
ABA Releases Guidelines to Prosecutors Regarding Misdemeanor Plea Agreements
Last month, the American Bar Association Standing Committee on Ethics and Professional Responsibility released new guidelines to prosecutors regarding the negotiation of plea agreements for misdemeanor charges. The Committee issues …
Border Phone Search Questions Continue In Fed. Court
Can the federal government confiscate, search and retain your cellphone at the border for no reason at all? That is the main crux of the legal question in Alasaad et …
Proposed California Legislation Seeks To Codify Dynamex Decision (With A Notable Exception For Licensed Real Estate Professionals)
In the year or so since the California Supreme Court issued its unanimous decision in Dynamex Operations West Inc. v. The Superior Court of Los Angeles, 4 Cal. 5th 903 …
Mission Product Holdings, Inc. v. Tempnology, LLC: Supreme Court Decides that Rejection of an Executory Contract is a Breach and Not Recession
On May 20, 2019, the Supreme Court issued its opinion in Mission Product Holdings, Inc. v. Tempnology, LLC (“Tempnology”) deciding that rejection of an executory contract by a debtor is …
Drug-Free May Not Be Problem-Free
Recent legislation and case law indicates that now, more than ever, employers should take care before utilizing strict drug-free workplace policies. Stringent policies, without exception, could expose employers to liability …
Planning For Financially Unsophisticated Beneficiaries
With the current Federal estate and gift tax exclusion amount set at $11.4 million per person, many families have been able to shift their planning focus from death taxes to …
They’re Back…SSA “No-Match” Letters!
In March 2019, the Social Security Administration (“SSA”) resumed the practice of sending “No-Match Letters” to those employers who the SSA identified as having at least one name and social …
Ninth Circuit Court Rules that the Dynamex Decision and The “ABC” Test Applies Retroactively
On April 30, 2018, the California Supreme Court in Dynamex Operations West, Inc. v. Super. Ct., (2018) 4 Cal. 5th 903, adopted the “ABC” test when evaluating whether a worker …
District Court Dismisses ADA Title III Website Class Action Lawsuit
On March 28, 2019, Judge Loretta A. Preska, Senior United States District Judge for the Southern District of New York, entered an Order dismissing a class action lawsuit filed against …
U.S. Supreme Court to Hear Title VII Cases Concerning LGBTQ Employees
The U. S. Supreme Court will hear job discrimination cases that could for the first time resolve whether lesbian, gay, bisexual and transgender (“LGBTQ”) employees can be fired based on …