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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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SCOTUS Curbs Employment Class Actions

On Monday, the U.S. Supreme Court ruled that employers may use arbitration agreements to make employees waive their right to sue as a class. The case pitted two federal laws against each other. On one hand, the Federal Arbitration Act tells courts to enforce arbitration agreements. On the other hand, the National Labor Relations Act gives Read More

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Game On, Sports Gambling

No, the U.S. Supreme Court didn’t just legalize sports betting this week. But it did pave the way for your state to legalize it if it wants to. Before Monday, a federal law from 1992 barred any state from doing that. The only exceptions were Nevada, Oregon, Delaware, and Montana because their laws were grandfathered Read More

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