News & Analysis as of

Contract Terms California

King & Spalding

New California Law Caps Retention for Private Construction Projects

King & Spalding on

California has enacted Senate Bill 61 (“SB-61”), a significant piece of legislation that directly impacts owners and developers of private construction projects in the state. Signed into law on July 24, 2025, SB-61...more

Meyers Nave

Timely Payment of Arbitration Fees—If You Snooze, You Lose!

Meyers Nave on

Imagine this: You have worked with your attorney on crafting the perfect arbitration agreement. You have an issue that goes to arbitration and are in the middle of arbitrating when you get notified that the arbitration is...more

Allen Matkins

How to Prepare for 5% Retention in California Construction Contracts

Allen Matkins on

With Governor Newsom’s signature to Senate Bill No. 61 on July 14, 2025, California joined a growing number of states that have passed legislation to cap the amount of retention that owners, contractors, and subcontractors...more

Greenberg Glusker LLP

Counting to 10: Simpler in Kindergarten than in Proposition 65

Greenberg Glusker LLP on

California’s Proposition 65 (“Prop. 65”) requires businesses to provide warnings for any products that contain certain levels of chemicals determined by the State of California to cause cancer or reproductive harm. Prop. 65...more

ArentFox Schiff

Hohenshelt v. Superior Court Confirms California Arbitration Fee Law Survives FAA Preemption Challenge

ArentFox Schiff on

On August 11, the California Supreme Court issued a significant decision in Hohenshelt v. Superior Court addressing the interplay between the Federal Arbitration Act (FAA) and California’s statutory requirements for timely...more

Jackson Lewis P.C.

California Contractor Compliance: Filling the Federal, EO-Created Void

Jackson Lewis P.C. on

As federal policies shift from affirmative action and diversity, equity, and inclusion initiatives — particularly through Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which...more

Husch Blackwell LLP

California Supreme Court Tackles Federal Preemption Issues in Employment and Consumer Arbitrations

Husch Blackwell LLP on

On August 11, 2025, the California Supreme Court issued a decision in the matter of Dana Hohenshelt v. The Superior Court of Los Angeles, ruling that the Federal Arbitration Act (“FAA”) does not preempt the California...more

Blank Rome LLP

From Rigid to Reasonable: Supreme Court Clarifies Arbitration Fee Payment Rules in California

Blank Rome LLP on

The California Supreme Court’s decision in Hohenshelt v. Superior Court marks an important moment for arbitration in California, particularly in the context of consumer disputes, employment disputes, and mass arbitrations....more

Seyfarth Shaw LLP

The FAA Does Not Preempt the CAA’s Timely Pay Provisions

Seyfarth Shaw LLP on

The California Supreme Court ruled that the Federal Arbitration Act (FAA) does not preempt the California Arbitration Act (CAA) provisions that require the drafter of the arbitration agreement to pay all arbitration invoices...more

Paul Hastings LLP

California Supreme Court Issues Decision Addressing Whether the FAA Preempts California's Rule Governing Late Payment of...

Paul Hastings LLP on

The California Supreme Court issued its decision in Hohenshelt v. Superior Court, addressing whether the Federal Arbitration Act (FAA) preempts California's rule governing late payment of arbitration fees, Cal. Code Civ....more

Beveridge & Diamond PC

Beyond Review: Water Contract Conversion, Reclamation Law, and California’s Central Valley Project

Beveridge & Diamond PC on

Key Takeaways What Happened: A Federal District Court in California ruled as a matter of statutory interpretation that certain mandatory water contract conversions for the Central Valley Project are not subject to...more

Davis Wright Tremaine LLP

California Employers Using Arbitration Agreements Want To Take Note of New Guidance From a Recent California Appellate Case

California employers often require their new hires and current employees to sign arbitration agreements ("agreements") as a condition of employment or continued employment. To be enforceable, these agreements require that the...more

Hogan Lovells

New California statute raises questions for consumer arbitration provisions, but the spectre of potential federal preemption looms...

Hogan Lovells on

California Senate Bill No. 940, which became effective January 1, 2025, places significant restrictions on arbitration provisions affecting California consumers. Under the law, consumers may void contractual provisions that...more

CDF Labor Law LLP

Unconscionable Employment Terms In Onboarding Documents Can Void Arbitration Agreements

CDF Labor Law LLP on

On June 13, 2025, a California Court of Appeal struck down an arbitration agreement because of unconscionable terms entered by the parties in a separate employment agreement, governing different dispute resolution fora and...more

Robinson+Cole Data Privacy + Security Insider

VPPA Class Action Plaintiffs May Not Waive Arbitration Goodbye

On June 13, 2025, a federal court in the Northern District of California held that a putative Video Privacy Protection Act (VPPA) class action lawsuit belonged in arbitration, thanks to the defendant company’s arbitration...more

Sheppard Mullin Richter & Hampton LLP

California’s “Auto Renewal Law” Takes Effect on July 1

Amendments to California’s Automatic Renewal Law (ARL) will take effect on July 1, 2025. Enacted in September 2024 through Assembly Bill No. 2863, the amendments expand disclosure, consent, and cancellation obligations for...more

Lewitt Hackman

Service Franchisors: New Rules in California for Automatic Renewals July 1st

Lewitt Hackman on

From streaming services and gym memberships to software vendor agreements and e-commerce franchises, automatic contract renewals are common occurrences. Currently, California law protects consumers regarding automatic renewal...more

Kilpatrick

California federal court compels arbitration based on a modified sign-in wrap agreement

Kilpatrick on

Takeaway: Terms and conditions requiring individual arbitrations can effectively end many consumer class actions. But courts rigorously scrutinize consumers’ assent to such terms, insisting upon reasonably conspicuous notice...more

Perkins Coie

California Supreme Court Upholds Reduced Rent Remedies in Cotenancy Clauses

Perkins Coie on

Key Takeaways - - In JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC, the Supreme Court of California upheld the validity of a cotenancy provision in a retail lease, affirming that in certain instances where clauses are drafted...more

Loeb & Loeb LLP

In Our "Wellness Retreat" Era. But First, the Paperwork.

Loeb & Loeb LLP on

These days, the explosive growth of the wellness industry—fueled by increased consumer interest in healthy lifestyle choices—presents a prime opportunity for brands to showcase their offerings through “wellness retreats” with...more

Paul Hastings LLP

Updated California and FTC Auto-Renewal Regulations Take Effect

Paul Hastings LLP on

In the fall of 2024, California and the Federal Trade Commission (FTC) amended their respective auto-renewal regulations. The amendments detail new and largely parallel disclosure, consent, and cancellation requirements for...more

Troutman Pepper Locke

FERC Enforces “Rule of Reason,” Requiring CAISO to Embed Business Practice Manual Provision in Tariff

Troutman Pepper Locke on

On April 29, 2025, FERC partially granted rehearing in the case of Cometa Energia, S.A. de C.V. (“Saavi”) against the California Independent System Operator Corporation (“CAISO”), finding a provision of CAISO’s Business...more

Procopio, Cory, Hargreaves & Savitch LLP

Proposed Legislation Would Transform Solar Adoption and Use for Businesses and Homeowners Across California

A bill recently introduced in the California Assembly presents potentially significant impacts to residential, commercial, and industrial solar system owners who filed interconnection applications before April 15, 2023, known...more

Snell & Wilmer

Unique Considerations When Opening or Reopening a Business in the LA Fire Zones

Snell & Wilmer on

The 2025 Eaton and Palisades fires caused vast destruction, but in the wake of such destruction there may be unique opportunities for people looking to open or reopen a business in the zones impacted by such fires. Opening a...more

Davis Wright Tremaine LLP

An Important Win for Employers in California: Meal Period Waivers

For over a decade, many California employers have issued written meal period waivers that permit employees to voluntarily agree to prospectively waive 30-minute meal periods throughout their employment and under certain...more

86 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide