On Friday, December 6, 2019, a business coalition led by the US Chamber of Commerce filed suit challenging a new California law that forbids employers from offering and entering into certain arbitration agreements with their workers. Signed into law by California Governor Gavin Newsom on October 10, 2019, Assembly Bill 51 (AB 51) will impose criminal liability on employers who require applicants or employees, “as a condition of reemployment, continued employment, or the receipt of any employment-related benefit,” to “waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act” and other related employment statutes.
Continue Reading US Chamber of Commerce Leads the Charge Against California Arbitration Ban That Would Impose Criminal Liability on Employers for Violations

On July 3, 2018, Governor David Ige of Hawaii signed SB 2571 into law, banning the sale or distribution of any “SPF sunscreen protection personal care product” that contains chemicals oxybenzone or octinoxate without a prescription issued by a licensed healthcare provider.
Continue Reading Hawaii Governor Signs Law Banning Chemicals from Sunscreen Products

On June 11, 2018, the United States Supreme Court ruled that American Pipe tolling does not extend to follow-on class actions brought after the statute of limitations period has run. This decision resolves a split between circuit courts over the question of whether a putative class member can rely on American Pipe to toll applicable statute of limitations to file a new class action in lieu of promptly joining an existing suit or filing an individual action.
Continue Reading Supreme Court Limits American Pipe Tolling for Consecutive Class Actions

It is no secret that California has had appliance efficiency standards in place for some time now. And it is no secret that the California Energy Commission has been responsible for crafting those standards. According to the CEC and the California State Legislature, however, compliance with those standards has been hit-or-miss. Continue reading to see what retailers can do to ensure compliance.
Continue Reading California’s Appliance Efficiency Standards and the Cost of Non-Compliance

On March 14, 2017, the Consumer Review Fairness Act of 2016 will come into effect, 90 days after it was signed into law by President Obama. The Fairness Act was passed in response to an increase in the use of so-called “non-disparagement clauses” that prohibited consumers from sharing their honest opinions about a seller’s goods, services or conduct.
Continue Reading How Companies Can Comply with the Newly Effective Consumer Review Fairness Act

The United States Supreme Court has granted certiorari in a set of cases in order to determine whether class action waivers in employees’ arbitration agreements are unenforceable, which is the interpretation of the National Labor Relations Board.
Continue Reading U.S. Supreme Court to Decide Enforceability of Class Action Waivers in Employee Arbitration Agreements

On January 3, 2017, a Ninth Circuit panel weighed in on a growing split among circuits over Rule 23’s ascertainability requirement – in particular, the extent to which a plaintiff must prove there is an “administratively feasible” means of identifying class members.
Continue Reading Ninth Circuit Widens Circuit Split on Rule 23’s Ascertainability Requirement