News & Analysis as of

California Private Right of Action

Shipkevich PLLC

Attorney Fee Sharing Prohibited? California Bills Take Aim at ABS and Consumer Legal Funding

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The California Legislature is moving forward with two bills that would meaningfully reshape the boundaries of consumer legal funding and legal advertising practices in the state. Assembly Bill 931 and Senate Bill 37, while...more

Foley Hoag LLP - State AG Insights

Will State AGs Fill the Gap in FCPA Enforcement?

Since the start of President Trump’s second administration, some State Attorneys General (AGs) have actively responded to executive orders and policy directives, including by initiating legal challenges in federal courts. Now...more

Allen Matkins

Court Finds Failure To Obtain Finance Lenders' License Does Not Render Commercial Loan Unenforceable, Illegal Contracts

Allen Matkins on

The California Financing Law provides that “[n]o person shall engage in the business of a finance lender or broker without obtaining a license from the commissioner.”   Cal. Fin. Code § 22100(a).  The CFL further provides...more

Davis Wright Tremaine LLP

California’s Non-Compete Long Arm: What Healthcare Organizations Need to Know After the FTC’s Nationwide Noncompete Ban Gambit Has...

In one of the most highly anticipated court rulings of the summer, the U.S. District Court for the Northern District of Texas set aside the FTC’s Non-Compete Rule (“Rule”), which would have effectively banned most...more

Klein Moynihan Turco LLP

CIPA Email Private Right of Action Cases on the Rise

The surge in consumer privacy claims alleging that the use of third-party tracking technology on websites violates the California Invasion of Privacy Act (“CIPA”) is a topic with which our readers are very familiar. Now, the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Akin Gump Strauss Hauer & Feld LLP

New California Laws Provide Private Right of Action for Unlawful Restrictive Covenants; Require Notice to Affected Employees by...

Key Points - New California statutes provide California employees with private right of action against firms that promulgate, maintain or try to enforce unlawful restrictive covenants. By February 14, 2024, firms must...more

White & Case LLP

Notice May Be Required for California Employees Subject to Non-Competes

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California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment...more

Perkins Coie

Valentine’s Day Marks Compliance Deadline for California Noncompete Notification Requirement

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For some time now, California law has generally prohibited employers from entering into post-employment noncompete agreements with employees unless an exception applies. The basis for this prohibition is found in Section...more

Mintz - Employment Viewpoints

Laws Impacting Employee Non-Competition, Non-Solicitation, and Non-Disclosure Agreements – What to Know, What to Do and What to...

Many employers experienced whiplash in 2023 from the flurry of judicial, administrative and legislative activity aimed at restricting the use of employee non-competition, non-solicitation, and non-disclosure agreements. Can...more

Fisher Phillips

PEO Pointers: 2-Step Plan to Comply with Surprising New California Non-Compete Law

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Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. Today’s topic: new...more

Fox Rothschild LLP

You CAN Be Sued for Sick Pay Violations + Paid Sick Leave Reminders

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Yes, you can now be sued for sick pay violations (makes us sick too). In Wood v. Kaiser Foundation Hospitals, the Court analyzed the statutory framework and legislative history of the sick pay statutes and ruled that...more

Fox Rothschild LLP

California Sets Out to Regulate AI

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A new bill to regulate AI is working its way through committees in the California legislature. Here are a few points of the proposed law (AB331), which would impact business with 25 or more employees, unless the tool...more

Foley & Lardner LLP

California Enacts the California Age-Appropriate Design Code Act

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On September 15, 2022 California Governor Gavin Newsom signed into law the California Age-Appropriate Design Code Act (CAADCA) AB 2273, which takes effect July 1, 2024 and intends to protect the wellbeing, data, and privacy...more

Foley & Lardner LLP

California Pay Transparency Bill Awaits Governor’s Signature

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In line with a current trend across the country, the California Senate recently sent a bill to the Governor’s desk that will require certain employers to include compensation information in job postings along with other pay...more

Wiley Rein LLP

California Age-Appropriate Design Code Act to Impose Significant New Requirements on Businesses Providing Online Services,...

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On August 30, 2022, the California Legislature passed A.B. 2273, the California Age-Appropriate Design Code Act. The bill – which is modeled after the United Kingdom Information Commissioner’s Office code of practice for age...more

Husch Blackwell LLP

California Whistleblower Statute's Lower Evidentiary Standard Governs Retaliation Claims

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On January 27, 2022, in the unanimous decision Wallen Lawson v. PPG Architectural Finishes, Inc., the California Supreme Court (Court) clarified the applicable evidentiary standard for the presentation and evaluation of...more

Fenwick & West LLP

California Privacy Rights Act Passes: Five Tips to Help Companies Prepare for California’s New, New Thing!

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The California Privacy Rights Act (CPRA) passed by ballot measure in November 2020. While it does not repeal the California Consumer Privacy Act (CCPA), which became effective in January 2020, it does change and augment CCPA...more

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