• 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. 

  • 01.25.17

    The Evolution of MCNs and Rise of Digital-First Studios

    In 2012, the first wave of investments into multichannel networks (MCNs) began with Discovery’s $30 million acquisition of Revision3. By 2014, the media and advertising industry spotlight was shining on MCNs, who were reaching the millions of viewers that were increasingly spending less time ...

  • 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 ...