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|Motor Carriers Face Uphill Battle After California Supreme Court Decision|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
July 30, 2014, previously published on July 29, 2014Harris v. Pac Anchor Transportation, Inc., No. S194388 (July 28, 2014): In a unanimous decision, the California Supreme Court has held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt an action brought under California’s Unfair Competition Law (UCL)...
|“Unionism” as a protected class?|
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
July 29, 2014, previously published on July 28, 2014Way back in 2012, the New York Times published an op-ed titled, A Civil Right to Unionize, which argued that Title VII needs to be amended to include “the right to unionize” as a protected civil right. At the time, I argued that including “unionism” as a protected class was...
|Due Diligence Review: A Critical Step When Buying Real Property|
Kohrman Jackson Krantz PLL;
July 29, 2014, previously published on July 28, 2014It astonishes me how many buyers will buy real property without conducting a thorough review of the property before closing. Most buyers will ensure a title search is ordered and buy title insurance. If a recent survey or phase I environmental review has been conducted, the buyer will typically ask...
|ALJ Essex Rules On Motion To Compel And For Adverse Inferences In Certain Acousto-Magnetic Electronic Article Surveillance Systems (337-TA-904)|
Eric W. Schweibenz, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
July 29, 2014, previously published on July 28, 2014On July 17, 2014, ALJ Theodore R. Essex issued the public version of Order No. 10 (dated July 8, 2014) in Certain Acousto-Magnetic Electronic Article Surveillance Systems, Components Thereof and Products Containing the Same (Inv. No. 337-TA-904).
|San Francisco’s Ban the Box Restrictions Effective August 13, 2014|
Maria Z. Stearns; Rutan & Tucker, LLP;
July 29, 2014, previously published on July 2014Beginning on August 13, 2014, San Francisco employers with 20 or more workers must abide by the Fair Chance Ordinance, a new law that prohibits asking prospective workers about their criminal history on job applications.
|Duck, Duck, Goose? No, Says the Court - Aereo Remains Yet Another Duck|
Dentons Canada LLP;
July 29, 2014, previously published on July 9, 2014Many jurisdictions around the globe face complex questions resulting from the use of new technologies for internet redistribution of over-the-air linear broadcast signals in a manner that could threaten traditional television.
|FDA issues final rule and guidance on records access as required by the Food Safety Modernization Act|
T.H. Lyda; Burns White LLC;
July 29, 2014, previously published by Burns White websiteToday the Food and Drug Administration (FDA) announced the adoption of the interim final rule “Establishment, Maintenance, and Availability of Records: Amendment to Record Availability Requirements,” affirming the change to FDA’s record access as required by the Food Safety...
|High Bar for Bifurcation|
Stephen Mulrain; Davis LLP;
July 29, 2014, previously published on July 24, 2014An application for leave to appeal to the Supreme Court of Canada from the decision of the Alberta Court of Appeal in Lakhoo v Lakhoo was recently denied. The Court of Appeal had overturned the decision of Madame Justice Horner of the Court of Queen’s Bench to bifurcate (or sever) the issues...
|A Blockbuster June Jobs Report and Its Meaning for Business|
Dentons Canada LLP;
July 29, 2014, previously published on July 7, 2014The US Bureau of Labor Statistics' (BLS) June jobs and unemployment report, released on Friday, July 3, was a blockbuster. The economy added 288,000 jobs and the unemployment rate fell to 6.1 percent. With the revisions to April's and May's jobs reports, the net increase actually amounted to...
|Supreme Court Rules Cell Phone Searches Violate Privacy Rights|
David C. Driscoll, Paul T. Stein; Stein Sperling Bennett De Jong Driscoll PC;
July 29, 2014, previously published on July 14, 2014The United States Supreme Court ruled recently that cell phones including smartphones cannot generally be searched without a warrant on an arrest by police. The unanimous decision written by Chief Justice John Roberts resolves an issue which had divided lower courts since the advent of the digital...