RECENT POSTS
New Bad Bunny Lawsuit Highlights Unjust Enrichment and Contract Law
Contracts form the foundation of nearly every business transaction in California and across the United States. Parties use them to hire employees, license a service, or, as in musician Bad Bunny’s case, feature a private
Off-the-Clock: What Employers Should Do When an Employee Complains about After Hours Misconduct
[Law Clerk Molly Thorpe contributed.] Generally, a coworker’s misconduct outside of work does not constitute harassment under the Fair Employment and Housing Act (FEHA). However, management or Human Resources receiving complaints should not ignore such
Uniting Behind the American Franchise Act: A Bipartisan Effort to Clarify the Joint Employer Standard
Over the last 10 years, the United States franchise industry has faced see-sawing uncertainty around the joint employer standard. Courts and federal agencies applied either a narrow “direct and immediate control” standard that favored the
Who Gets the Family Pet in a California Divorce?
Who gets to keep the dog in a California divorce? Much like children, pets can become the central focus of ownership disputes in a divorce, even though they are not human. State law increasingly recognizes
Franchise 101: A Path to Lost Future Royalties; and All Bark and No Bite
Franchisor 101: A Path to Lost Future Royalties A California federal court denied a franchisee’s motion to dismiss a franchisor’s counterclaims related to the loss of future royalties after terminating two separate franchise agreements in
Good Faith Requires Action: The New Standard for Employer Defense
[Law Clerk Molly Thorpe contributed.] As defense attorneys, we often encounter matters where an employer’s good-faith mistake gives rise to wage and hour litigation. While ignorance of the law generally provides no defense, a good-faith
Upcoming Changes to Rules for IRS Payments
On March 25, President Donald Trump signed Executive Order 14247, “Modernizing Payments to and from America’s Bank Account.” The order takes effect Sept. 30 and requires all federal agencies using the United States Treasury for
Franchise 101: Hey, That’s My ADR Provision; Suggestive Termination
Franchisor 101: Hey, That’s My ADR Provision A California federal court stayed proceedings in favor of the franchisor and ordered the parties to undertake the dispute resolution procedures in the franchise agreement, holding that the
California Code 2951: New Rules for Mortgages in a Divorce
One of the most challenging aspects of asset division in a California divorce is dividing mortgage loans. Deciding which spouse will stay in the home is a challenge, but handling the mortgage adds another layer
My Ex Dies During or After our Divorce, What Now?
Divorce is usually not top of mind when couples envision living happily ever after. But it can be a financially strenuous and mentally stressful potential outcome of marriage. A spouse’s death during this process adds