Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: California Appellate Courts

Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts. Two recent decisions in California—one administrative and one in the 9th Circuit—recently found that class action waivers in employment contracts were unenforceable as a matter of law and public policy, resulting in the removal of … Continue Reading

California UCL Standing Requirement — On This You Can Rely

The California Court of Appeal recently confirmed, in case there was any doubt, that plaintiffs must allege (and ultimately prove) actual reliance to adequately state a fraudulent prong Unfair Competition Law claim (Cal. Bus. & Prof. Code 17200). In Goonewardene v. ADP, LLC, the plaintiff brought a variety of claims related to her alleged wrongful termination, both against … Continue Reading

Standardized E-Filing: The Appealing New Feature of California Appellate Courts

Consistent filing and service procedures will become less of an oxymoron in California – especially for those legal practitioners who appear in the state’s appellate courts. E-filing is currently not mandatory in most cases in appellate courts, but soon will be uniformly required, except for pro-se litigants. The State’s trial courts, California Superior Courts, can … Continue Reading
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