By Mani Dabiri | Published June 15, 2018 | Posted in Civil Business Litigation and Investigations, Government Subpoenas and Investigations, White-Collar and Regulatory Defense | Tagged Tags: businessandcommerce, laborandemployment, mensrea, PAGA, whistleblowers |
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
Read MoreThe New Justice of the U.S. Supreme Court
Now that Neil Gorsuch has been sworn in, we’ll begin to find out how he wields the law as a member of the highest court in the land. Some say he’s a natural successor to the Justice whose seat he fills, Antonin Scalia. Here is a profile of Mr. Gorsuch that compares his views to those of Mr. Scalia Read More
Read MoreMurder, Manslaughter, or Self-Defense?
True story. One homeless man killed another in a street fight, and they charged him with first-degree murder. He was convicted at trial, but last week, the California Court of Appeal reversed that conviction and sent the case back. Why? The defendant had pleaded self-defense, but the trial court didn’t let him present expert testimony that homeless Read More
Read MoreWhat’s a Hate Crime in California?
If you’re wondering about that in light of recent events, here’s an overview. California defines a hate crime as any crime that you commit, in whole or in part, because of a victim’s actual or perceived race, gender, religion, ethnicity, nationality, disability, sexual orientation, or association with those who bear these characteristics. The phrase “in whole or in part” Read More
Read MoreU.S. Sentencing Commission Amends Guidelines for White-Collar Fraud Cases
Any day now, the U.S. Sentencing Commission will submit to Congress a set of proposed amendments to the federal sentencing guidelines that it voted to approve three weeks ago. That matters because, in federal court, the guidelines drive most sentences and influence nearly all of them. If Congress doesn’t object to the amendments, they will go effective on November 1. Here’s Read More
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