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|Illinois Supreme Court Holds Information Provided to a CPA Is Privileged Information Held by the Accountant Alone|
Lauren Moy Kim; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 30, 2015, previously published on March 27, 2015In examining the issue of the accountant-client privilege for the first time, the Supreme Court of Illinois recently ruled that the privilege belongs to the accountant, not the client. In Brunton v. Kruger, 2015 IL 117663 (Ill. 2015), the Court examined section 27 of the Public Accounting Act,...
|California Court of Appeal Rules PAGA Claims Must Be Stayed Pending Outcome of Individual Arbitration on Underlying Individual Wage and Hour Claims|
John P. Nordlund; Jackson Lewis P.C.;
March 30, 2015, previously published on March 16, 2015On February 26, 2015, in Franco v. Arakelian Enterprises, Inc., Case No. B232583, the California Court of Appeal, Second Appellate District held that trial court proceedings on claims pursuant to the California Private Attorney General Act (“PAGA”) (Labor Code § 2698 et seq.) must...
|Securities Law Considerations in Cross-Border Restructurings|
Marie Elena Angulo, Pedro A. Jiménez, Jessica Mendoza; Jones Day;
March 30, 2015, previously published on March 2015Non-U.S. companies in the process of restructuring debt that includes one or more series of U.S. bonds must ensure that their restructuring plan and any securities issued as part of such plan comply with the requirements of U.S. securities law, in particular the registration requirements of the...
|No Rest Period Violation for Security Guards On Call during Breaks, California Court Rules|
Mark S. Askanas; Jackson Lewis P.C.;
March 30, 2015, previously published on February 10, 2015Reversing a trial court’s awarding of a $90 million judgment in a class action case for alleged rest period violations under California law, the California Court of Appeal has ruled that a security company had provided its security guards with proper rest periods, even though they were...
|California Court of Appeal Lowers the Bar on Ascertainability Requirement in Consumer Class Actions|
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
March 30, 2015, previously published on March 26, 2015In Aguirre v. Amscan Holdings, Inc., Case No. 073059, 2015 Cal. App. LEXIS 214 (Cal. Ct. App. Feb. 11, 2015), a California Court of Appeal reversed the denial of certification of a putative class alleging violation of Civil Code Section 1747.08 of California’s Song Beverly Credit Card Act....
|Enforceability of PAGA Waivers in Arbitration Agreements - The Battle Continues|
David Zvi Feingold; Jackson Lewis P.C.;
March 30, 2015, previously published on February 27, 2015The battle over whether employees may waive the right to pursue claims under California’s Private Attorneys General Act (PAGA) in arbitration continues. The Supreme Court of the United States recently requested a response from ex-Bridgestone Retail Operations LLC employees to...
|Employee’s Violation of Company Policy Justified Firing While on Leave, California High Court Holds|
Mark S. Askanas; Jackson Lewis P.C.;
March 30, 2015, previously published on February 17, 2015An employer did not violate California’s Family Rights Act (“CFRA”) by terminating an employee who engaged in outside employment while out on CFRA medical leave, conduct prohibited by the employer’s policy, the California Supreme Court has ruled. Richey v. AutoNation Inc.,...
|Not So Small After All: Call Fire Uses Common Carrier Defense to Defeat Rinky Dink TCPA Class Action Case|
David S. Almeida, Mark S. Eisen; Sheppard, Mullin, Richter & Hampton LLP;
March 30, 2015, previously published on March 18, 2015Last month, in Rinky Dink, Inc. v. Electronic Merchant Systems, et al., No 13-cv-01347, 2015 WL 778065 (W.D. Wash. Feb. 24, 2015), online voice and text provider CallFire became one of the first (if not the first) TCPA defendants to avoid liability for pre-recorded calls through the common carrier...
|No Arbitration if Invalid PAGA Waiver Cannot be Severed|
Amber Gardina-Quintanilla; Jackson Lewis P.C.;
March 30, 2015, previously published on March 24, 2015On February 27, 2015, the California Court of Appeal determined that arbitration could not be compelled in Securitas Security Services USA, Inc. v. Superior Court (Edwards). Securitas’ arbitration agreement contained a waiver provision, waiving both class actions and representative Private...
|Expert Medical Evidence Needed To Establish The Extent Of A Person’s Disability|
Norris McLaughlin Marcus P.A. A Professional Corporation;
March 30, 2015, previously published on January 15, 2015New Jersey’s Appellate Division rang in the New Year with a very interesting decision involving a disability discrimination claim under the state Law Against Discrimination. In Wojtkowiak v. NJ Motor Vehicle Commission, et. al., 2014 WL 7403848, the Complainant claimed she suffered from...