eNews

One of the functions of the Family Law Executive Committee I appreciate most is our role in reviewing and commenting on pending legislation. This process entails our legislation chair, currently Justin O’Connell of Monterey, reviewing all legislation proposed in a session and determining which bills could have an impact on the practice of family law. During the current 2018-2019 session, that meant the FLEXCOM Legislation Committee reviewed 1,831 California Assembly bills and 791 bills introduced by the California Senate. Read more

Recent Family Law Cases (current through 5/20/19) [Opinions available at: http://www.courts.ca.gov/opinions-slip.htm] By: Stephen D. Hamilton, CFLS Read more

On May 6, 2019, the San Francisco Board of Supervisors voted 8-1 to pass the “Stop Secret Surveillance” Ordinance severely limiting facial recognition technology by the San Francisco Police department and other City government agencies. The Ordinance is the first of its type in the United States and is expected to go into effect 30 days after its passing. Read more

On May 16, 2019, the California Senate Appropriations Committee held a hearing that included S.B. 561, the “Attorney General amendment” to the California Consumer Privacy Act (“CCPA”). The bill is being held in committee and under submission, which means the bill has been blocked and is likely dead. Read more

On April 22, 2019, the United States District Court for the Northern District of California granted a motion by Defendants VIP Petcare Holdings, Inc. (VIP) and PetIQ, Inc. (PetIQ) to dismiss with prejudice an amended complaint by Plaintiffs Med Vets Inc. (“Med Vets”) and Bay Medical Solutions Inc. (“Bay Medical”), which alleged unlawful merger and other antitrust violations, finding that Plaintiffs failed to allege a relevant market and market power in such a market. Med Vets, Inc. v. Vip Petcare Holdings, Inc., No. 18-cv-02054-MMC, 2019 U.S. Dist. LEXIS 68099 (N.D. Cal. Apr. 22, 2019). United States District Judge Maxine M. Chesney issued the decision. Read more

Employers and business owners breathed a collective sigh of relief on April 24, 2019, when the United States Supreme Court issued its highly anticipated ruling in Lamps Plus, Inc. v. Varela, No. 17-988, ___ U.S. ___, 139 S. Ct. 1407 (2019), and held, in a 5-to-4 decision, that under the Federal Arbitration Act (FAA), an ambiguous agreement cannot provide the basis for concluding that the parties agreed to submit to class arbitration. The Varela opinion reaffirms the Court’s decision in Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp., 559 U. S. 662 (2010), which held that a court may not compel class arbitration when an agreement is silent on the availability of such proceedings. Read more

The United States Supreme Court held that consumers have standing to pursue a putative antitrust class action against Apple for monopolization. In Apple Inc. v. Pepper, et al., Case No. 17-204 (May 13, 2019), the Court ruled 5-4 that the consumer plaintiffs were not barred by the “indirect purchaser rule” that generally limits standing in federal antitrust cases for damages to direct purchaser plaintiffs only. Read more

The July issue of our Section’s Labor & Employment Law Review will feature an article by Laura Reathaford titled “State of the PAGA State: Where Do Things Stand 15 Years Later?” The author reviews recent and ongoing significant PAGA cases, including one filed by the California Business & Industrial Alliance against the State of California that challenges PAGA as unconstitutional on an “as-applied” basis. The author also discusses what she considers to be four problem areas for PAGA, and urges legislative corrections. Read more

Vazquez v. Jan-Pro Franchising Int’l (9th Cir. 17-16096 5/2/19) Retroactive ABC Test/Franchises. Holding that the Dynamex ABC test applies retroactively, and applies in—and is not altered by—the franchise context. Read more

Next month will bring the Section’s best and largest event of the year, our 9th Annual Advanced Wage & Hour Conference and 36th Labor and Employment Law Section Annual Meeting. This year, it will be at one of my favorite hotels, the Millennium Biltmore in Downtown Los Angeles, which has frescoed mural ceilings and hallways of photos of old Hollywood glamour. The combined conference will have something for everyone, and you can register to attend one or both days. Our Wage and Hour Conference, on July 18, will have an annual update, panels on Dynamex and PAGA, a wage-and-hour-ethics-themed trivia luncheon, and the much-loved judges panel with practical tips on litigating wage and hour class actions. Read more