Legal Alerts

Legal Alerts

  • May 17, 2019
    Texas Supreme Court Issues Opinion Curtailing Gross Negligence Claims

    On April 26, 2019, the Texas Supreme Court issued an opinion that should greatly curtail the ability of plaintiffs to sustain gross negligence claims in transportation cases by reinforcing the extremely high burden plaintiffs must meet to establish gross negligence.

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  • May 16, 2019
    Ninth Circuit Rules the Dynamex ABC Test Applies Retroactively and to Franchisors

    Last year, the California Supreme Court held in Dynamex Operations v. Superior Court that the “ABC test” determines whether a worker should be classified as an independent contractor or an employee, replacing the more lenient Borello test. 

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  • May 16, 2019
    New Windows Vulnerability Discovered

    Microsoft recently announced a critical vulnerability in its Windows operating systems so serious that it is issuing a patch for even unsupported, older versions of Windows. The vulnerability allows for remote code execution in Remote Desktop Services with no authentication at all. In fact, there is no user interaction of any kind required for a malicious actor to exploit the vulnerability.

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  • May 10, 2019
    In a Historic Move, Washington Bans Non-Competes for Employees Making Less Than $100,000

    Following the White House’s “call to action” in 2016, many states sprang into action and attempted to reign in the use of non-compete agreements in their states to even the playing field between employers and employees. Enveloped in this wind of change, on May 8, 2019, Washington State signed into law its own non-compete statute that establishes a black-and-white compensation test for workers who can be required to sign a non-compete agreement and those who cannot.

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  • May 07, 2019
    Consumer Financial Protection Bureau Moves to Regulate Debt Collection

    In a surprise move a day before a scheduled “town hall” on debt collection, the Consumer Financial Protection Bureau released its long-awaited proposed debt collection rule. Key elements of the proposal include call caps (limits on the number of times debt collectors can contact debtors), clarity on allowable use of electronic communications, and disclosure requirements on information to be communicated to consumers.

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  • May 06, 2019
    Perfluorinated Chemicals: A Rapidly Evolving Regulatory and Legal Risk Issue for Businesses

    A once obscure group of chemicals known as perfluorinated chemical substances (PFAS) have gripped national headlines in recent months, due to increasing concerns over potential health risks. PFAS have been used for many years in a wide variety of products, such as non-stick cookware, cleaning and coating solutions, paper, food packaging materials, fire-fighting foam, automotive applications, upholstery, and carpeting. These chemicals have been detected in groundwater and surface water across the country, and Congress, federal and state regulators, and litigants are all taking steps in response. 

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  • May 03, 2019
    California Court of Appeal Holds that Employers May Use Fictitious Business Names on Wage Statements

    California Labor Code section 226(a) mandates nine categories of information to be displayed on wage statements issued to employees, including “the name of the legal entity that is the employer.” How California employers can meet this obligation has been the subject of heavy litigation over the years.

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  • May 01, 2019
    Spring Brings New Developments for New York and New Jersey Employers

    An overview of recent important developments in New York and New Jersey labor and employment laws.

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