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You Can’t Revoke a Doctor’s Hospital Privileges Without Due Process

This ain’t your grandfather’s medical practice anymore, is it? The modern doctor must deal with a dizzying array of rules and regulations like the one we covered last week. At the same time, California law affords you certain protections that can’t be bargained around or contracted away, as a hospital found out when it tried Read More

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Whistleblower Programs Booming at SEC and CFTC

The two federal regulators recently submitted their annual reports to Congress for the fiscal year that ended September 30. And, well, business is booming. In the last year, the Securities and Exchange Commission awarded more money to whistleblowers than it had in all prior years combined. Since 2012, it has awarded $326 million, and more than half Read More

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USDOJ Revisits Its Approach to Corporate Cases

On November 29, the Justice Department announced changes to its policy toward corporate prosecutions. These changes pivot from the ones announced three years ago that emphasized the prosecution of people, not just organizations. Among other things, they had required an organization that sought to cooperate with the government to identify all individuals involved before it would receive any Read More

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Privacy Across the Pond

We’re fresh off a conference on how privacy laws in Europe affect life and business in the United States. So we tip our hat to the law firm that spotted this case about just that. The background is that one business had sued another in England and won. Then it had sued again here to collect on the Read More

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Restraining Orders to Protect the Elderly, the Disabled, and the Workplace

For two weeks we’ve covered the two main restraining orders in California. First it was the domestic-violence restraining order; then it was the civil-harassment restraining order. Here are two more to mention for now. One is a restraining order for elders and dependent adults. To get one, you must be at least 65 years old Read More

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California Just Says No to Medical Pot Prosecutions

Last week pit state law against federal law. This week, it’s state law versus local law in the cities or counties. Under state law, there is a defense to criminal prosecution for a medical-marijuana collective or dispensary that is run on a nonprofit basis for people who have state medical-marijuana cards or a physician’s recommendation. Read More

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Buckets of Money

If you’ve lost a case against the SEC recently, and it was heard by an administrative law judge (or ALJ), you may want to call your lawyer. Yesterday, the U.S. Supreme Court sent back a case because the SEC hadn’t appointed the ALJ the way the Constitution required. The decision marked the culmination of years-long legal challenges to the Read More

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The Name of the Game is Compliance

Two more points for now on California’s Private Attorneys General Act. First, in many cases, you don’t have to prove that your employer’s violation hurt you or cost you anything. You just need a violation. For example, the Labor Code requires pay stubs to accurately itemize certain basic information. If yours don’t, it’s a violation Read More

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California’s Private Attorneys General Act

Here’s more of what we touched on last week. Under PAGA, employees can sue their employers for all labor-code violations against them and their fellow employees. To do it, you have to be a current or former employee who was affected by at least one of the violations. If so, you can sue on behalf of Read More

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Make PAGA Great Again

Say what? PAGA refers to a California law that allows employees to sue their employer for labor-code violations on behalf of all fellow employees. It means one person can sue for all violations an employer has committed, even if they only affected other people, as long as at least one affected him or her personally. It’s Read More

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