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WHAT BUSINESSES NEED TO KNOW ABOUT THE NEW CALIFORNIA CONSUMER PRIVACY ACT

WHAT BUSINESSES NEED TO KNOW ABOUT THE NEW CALIFORNIA CONSUMER PRIVACY ACT

Posted: January 1, 2020 |

Among the new laws that went into effect on January 1, 2020, is the California Consumer Privacy Act of 2018 (CCPA).  Signed into law on June 28, 2018, by then Governor Brown, it has been described as a landmark policy. In fact it is the first major data privacy law passed in the nation. The Act should be of concern to businesses, among other reasons, because the penalties for non-compliance include the right of consumers to file individual lawsuits to collect statutory damages for any violation or actual damages if they can prove financial loss. There is also a potential for class-action lawsuits and lawsuits by the state Attorney General.

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“APPROVED AS TO FORM” DOES AN ATTORNEY BECOME PERSONALLY BOUND?

“APPROVED AS TO FORM” DOES AN ATTORNEY BECOME PERSONALLY BOUND?

Posted: December 3, 2019 |

Settlement Agreements have long ended with a routine notation by which attorneys for the respective parties sign under the words "approved as to form" or "approved as to form and content." In signing the settlement agreement with this phrase, an attorney usually does not expect to be personally bound by the provisions of the settlement agreement. But is it possible that he or she will be bound by such signing? The California Supreme Court recently answered, “Yes” in Monster Energy Co. v. Schechter, 7 Cal.5th 781 (2019).  

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NEW STATUTE IN CALIFORNIA IMPOSES NEW RULES FOR ASSESSING INDEPENDENT CONTRACTOR STATUS

NEW STATUTE IN CALIFORNIA IMPOSES NEW RULES FOR ASSESSING INDEPENDENT CONTRACTOR STATUS

Posted: November 12, 2019 | News

Will California soon see big-rig trucks and ride-share cars on the market, as former independent contractors shut down their businesses because they cannot convert to “employee” status? If so, the cause would be California legislature’s, sweeping new law that reshapes how businesses classify workers.

On September 11, 2019, the legislature approved AB 5, a controversial new law that codified and expanded the controversial “ABC text” set forth in Dynamex Operations West, Inc. v. Superior Court (“Dynamex”) for determining whether to classify workers as “employees” or “independent contractors.”  The governor signed the bill on September 18, 2019 and it goes into effect January 1, 2020.  The law will make it vastly more difficult for California businesses to classify works in California as independent contractors. And, the law also will significantly affect business-to-business arrangements, as businesses may become liable to employees of their vendors, even vendors that are major and established businesses. The implications and financial impact on California businesses is enormous. 

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GETTING YOUR SCRIPT THROUGH TO DECISION MAKERS

GETTING YOUR SCRIPT THROUGH TO DECISION MAKERS

Posted: June 28, 2019 | Tips

Are you an aspiring screenwriter or author who has dreamed of pitching your script or idea to a studio, for broadcast, or to cable TV network? But then you ran into the “No Unsolicited Materials” policy that studios and networks display? Why do they have this policy and what can you do get your pitch to them?  Our experienced attorneys at North, Nash & Abendroth have represented both studios/networks and writers and we understand this policy and its many nuances.

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NEW CALIFORNIA INDEPENDENT CONTRACTOR TEST - APPLIES RETROACTIVELY

NEW CALIFORNIA INDEPENDENT CONTRACTOR TEST - APPLIES RETROACTIVELY

Posted: May 8, 2019 |

In one of our recent blog articles, we reported on the decision of the California Supreme Court in Dynamex Operations West v. Superior Court, which introduced a radically new test for determining whether a worker should be regarded as an employee or independent contractor under the state’s Wage and Hour laws.  In a significant decision just handed down on May 2, 2019, which could have a major effect upon California hiring entities and persons, the Ninth Circuit Court of Appeals held that the new Dynamex test applied retroactively.   The Ninth Circuit’s decision was reached in Vazquez v. Jan-Pro Franchising, Inc.

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