Articles

01.27.17

Arbitration Not Permitted for PAGA Claims

A California appellate court affirmed that arbitration is not permitted for Private Attorneys General Act (PAGA) claims, affirming denial of an employer’s motion to compel arbitration. A warehouse employee filed a single-count action under PAGA against her employer, alleging multiple ...


01.27.17

D-Link's Alleged Security Failures Achieve FTC Lawsuit

In its latest enforcement action in the realm of the Internet of Things, the Federal Trade Commission filed suit against D-Link Corporation, a Taiwan-based computer networking equipment manufacturer and its U.S. subsidiary, alleging that the defendants failed to employ adequate security measures ...


01.27.17

Wage Statements Comply With State Law, Ninth Circuit Affirms

The Ninth Circuit Court of Appeals affirmed summary judgment in favor of Costco Wholesale Corporation in a suit brought by a former employee alleging the company’s wage statements violated California state law. Costco’s pay statements did not list her total hours worked and the separate ...


01.25.17

The Ripeness Hurdle in Takings Cases

"The general concept of ripeness should be no stranger to lawyers. After all, one should bring no case before its time. We are all accustomed to dealing with various statutes of limitation and repose. But takings cases are different. The U.S. Supreme Court has invented a special hurdle to keep ...


01.24.17

False Ad Suit Survives When Consumers "Swept Into" Purchase

A California Court of Appeal found that plaintiff consumers had raised triable issues of fact on whether they suffered damages in reliance on allegedly misleading advertising about the extent of a 40%-off sale, despite plaintiffs' knowledge—before going through with the ...


01.23.17

Top Legal Issues Facing Marketers in 2017

Numerous legal and regulatory challenges will vex marketers in 2017.Brexit and the U.S. presidential election aside, to say 2016 was one of the most tumultuous and unpredictable years in history was an understatement. The Federal Trade Commission (FTC) doubled down on its enforcement of the ...


01.20.17

CA Supreme Court at Transfer Tax Crossroads

The American Revolutionary war motto of “no taxation without representation” was first popularized, not by the drama of the Boston Tea Party, but after the British passed the humdrum Stamp Act of 1765.Today, real estate sales in California are subject to a documentary transfer tax (DTT) ...


01.10.17

Hazardous Waste Update

The past decade has seen a monumental shift in regulatory oversight of retailers’ environmental compliance programs, forcing companies to adapt compliance solutions to the myriad of hazardous waste control laws impacting the retail sector.   Historically, most enforcement has been at ...


01.10.17

VR Funding and Innovation Look Strong for 2017

This year, CES saw countless VR demos, new headsets and accessories (maybe the most significant being wireless capability add-ons for tethered headsets), and AR consumer headsets and phones by ODG and ASUS. Many of these technologies will not be available until later in 2017 or 2018. Oculus was ...


12.29.16

FTC Pressure Mounts, App Maker Settles

The marketers behind an app designed to measure blood pressure reached a deal with the Federal Trade Commission over allegedly deceptive claims about the app's accuracy.Aura Labs, along with founder and co-owner Ryan Archdeacon, were charged with touting that the Instant Blood Pressure app ...