On May 6, 2019, the Supreme Court of California published an opinion drastically altering the way strategic lawsuits against public participation ("SLAPP") statutes are interpreted. The anti-SLAPP statute allows for a "special motion to strike meritless claims early...
Business Litigation
9th Circuit Holds Minimum Wage Compliance May Be Based on Workweek as a Whole
In Douglas v. Xerox Bus. Servs., LLC, 2017 U.S. App. LEXIS 22967 (9th Cir. Nov. 15, 2017),the Ninth Circuit Court of Appeal considered whether compliance with the Fair Labor Standards Act's ("FLSA") minimum-wage provision should be determined based on the workweek as...
Ninth Circuit Upholds California Tax Appeals Process as Providing a Plain, Speedy, and Efficient Remedy
In Hyatt v. Yee, the plaintiff disputed the California Franchise Tax Board's ("FTB's") determination that he owed $7.4 million in unpaid taxes for the 1991 and 1992 tax years on the ground that he moved to Nevada in 1991. Under California law, a plaintiff contesting...
California Corporations – Virtual Shareholder Meetings
A "Virtual Shareholder Meeting" is one in which the shareholders not physically present in person or by proxy participate in a meeting through electronic transmission or electronic video screen. California permits all or partial Virtual Shareholder Meetings, subject...
Americans with Disabilities Act Compliance Update
Starting July 1, 2013 California Civil Code § 1938 requires commercial property owners to disclose in every lease whether or not the property has been inspected by a "Certified Access Specialist" ("CASp"). CASps are individuals certified by California as...
California Court of Appeal Signals Availability of Reverse Veil Piercing Doctrine Against LLCs
In the context of a creditor which had for five years sought enforcement remedies against an individual who had created an elaborate web of trusts, partnerships, and an LLC to evade payment, the California Court of Appeal distinguished prior case law in holding that,...
California Cities and Counties are Poised to Substantially Increase Assessment of Documentary Transfer Taxes on Stock Transfers in Corporate Entities
In an opinion handed down on June 29th, the California Supreme Court held that notwithstanding the legislature's decision against localities imposing excise taxes on transfers in ownership of stock, it did, however, intend for localities to impose documentary transfer...
Ban the Box Ordinances – What an Employer Needs to Know
Background on Ban the Box LegislationAttempting to end existing discrimination towards job applicants, many cities have enacted the Fair Chance Initiative for Hiring or "Ban the Box" ordinances that aim to protect job applicants from being discriminated against by...
Attorneys at Borders – What to Do to Protect Confidential Client Information
Every California attorney knows that he/she owes a duty of confidentiality to the attorney's client. According to Rule 3-100(A) of the California Rules of Professional Conduct, an attorney cannot reveal client information, and the attorney has a duty to "maintain...
The first thing to do when defending a lawsuit
There's a reason why companies send demand letters whenever they feel like their legal rights are being violated: no one likes being in a lawsuit. Besides the natural animosity that comes with bringing suit against an entity, the costs of litigation can be annoying at...