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News & Insights

March 11, 2014

California Supreme Court Rejects Insurance Industry’s Attempt to Constrict Coverage for Long-Tail Losses

News/Alerts
On August 9, 2012, the California Supreme Court issued its decision in State of Calif. v. Continental Ins. Co., et al., a closely-watched insurance coverage dispute in which several major liability insurers, supported by...
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March 11, 2014

Five Months Post-Brinker: Courts’ Application of the Seminal Decision

News/Alerts
On April 12, 2012, the California Supreme Court in Brinker Restaurant Corp. v. Superior Court issued a critical decision regarding break and off-the-clock claims and the standards governing an employer’s obligation to...
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March 11, 2014

Federal District Court Issues First Decision Allowing Whistleblower Allegations to Proceed Under Dodd-Frank Act

News/Alerts
On September 25, 2012, United States District Court Judge Stefan R. Underhill, District of Connecticut, issued the first decision allowing a plaintiff’s whistleblower allegations against his employer under the Dodd-Frank...
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March 11, 2014

Arbitration and Class Action Waivers After Concepcion and D.R. Horton: Courts and the NLRB Reach Divergent Conclusions

News/Alerts
Since the U.S. Supreme Court came down with its landmark decision in AT&T Mobility v. Concepcion in April 2011, the legality of individual arbitration agreements has been a hot topic in the employment realm. In...
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March 11, 2014

Beginning on January 1, 2013, Commission Agreements for California Employees Must Be In Writing and Signed

News/Alerts
The New Requirements Effective January 1, 2013, employers paying sales commission to California employees must enter into written employment agreements with the employees. Labor Code section 2751 previously required...
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March 11, 2014

Eric Sohlgren Discusses El Pollo Loco Case in Orange County Business Journal

News/Alerts
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March 11, 2014

California Supreme Court Clarifies Employer’s Burden of Proof in Mixed-Motive Cases

News/Alerts
On February 7, the California Supreme Court decided the issue of whether the federal “mixed motive” defense applies to employment discrimination claims under the California Fair Employment and Housing Act (FEHA). By way...
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March 11, 2014

US Supreme Court Adopts Narrow Definition of “Supervisor” Under Title VII

News/Alerts
On June 24, 2013, the United States Supreme Court clarified the definition of supervisor in employee harassment cases under Title VII. In Vance v. Ball State University, the Court held that only an employee who “is...
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March 11, 2014

Securing Insurance Coverage: A Primer for Business Litigators

Articles
“I’m a business litigator, not an insurance specialist. I’ll leave those sleep-inducing insurance issues to the coverage attorneys.” Wrong! Like it or not, if you defend clients in litigation, you must be ready and...
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March 11, 2014

The X(Employee) Factor: Anticipating Collateral Litigation Ramifications When Terminating Employees

Media Mention
Partner Tom Vincent published “The X(Employee) Factor: Anticipating Collateral Litigation Ramifications When Terminating Employees” in OC Business Journal General Counsel Awards supplement. ...
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March 11, 2014

California Supreme Court Decides Key Employment Arbitration Case

News/Alerts
The California Supreme Court recently issued its long-awaited decision in Sonic-Calabasas, Inc. v. Moreno. The Court had earlier ruled that provisions in an arbitration agreement that purportedly waived an employee’s right...
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March 11, 2014

Preparing for the Next Wave of Wage-and-Hour Lawsuits

News/Alerts
Eric Sohlgren published “Preparing for the Next Wave of Wage-and-Hour Lawsuits ” in the Orange County Business Journal....
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