Despite twenty states allowing the use of medicinal marijuana and two more – Colorado and Washington – allowing recreational marijuana use, employers remain unaffected. Courts consistently find that employers may terminate employees who test positive...
What if I said you could be demoted, stripped of your wages, and sentenced to five years in prison simply for walking off the job? That could never happen to a software engineer or a cashier, but there are serious consequences for members of the U.S. Armed Forces who fail......
Recent decisions by the California Supreme Court, the Ninth Circuit Court of Appeals, and the California Court of Appeal demonstrate that California courts will scrutinize and find unconscionable employee arbitration agreements that excessively tilt...
Gore Vidal's estate fight seems to show that not even death can kill the famed writer's signature audacious spirit and flair for drama. Vidal, who died in July 2012 at 86 in a bed set up in his living room, gave his family the proverbial "middle finger" when he bequeathed......
Obiter dicta by High Court suggests that damages may not be available as a remedy where an English company breaches a contractual obligation and performance of that obligation would have required a breach of the "capital maintenance" principle....
Last week, the National Institutes of Health denied a petition from a coalition of "public interest" groups who petitioned the agency to exercise so-called "march-in rights" under provisions of the Bayh-Dole Act against Abbott (now, AbbVie) over its...
Several recent legal developments have cast doubt on the ability of California cities to continue using favored tools to promote construction of “inclusionary” affordable housing units. Few would dispute that the state faces a “severe shortage of...
Our previews of the latest additions to the Illinois Supreme Court’s civil docket continue with Goldfine v. Barack, Ferrazzano, Kirschbaum and Perlman, a case from the First District Appellate Court. Goldfine poses a number of questions about...
Generally speaking, parties can resolve their disputes either in a public court or private arbitration. One significant difference between the two is the confidentiality of the process: only private arbitration can afford complete confidentiality....
California employers are well aware that legislators and regulators, both on the state and federal level, have been burning the candle at both ends to generate laws, regulations, and administrative actions designed to hedge in and restrict their...
