Posts from July 2014.

Ever wonder how your employees would handle a life-threatening situation? Well, four supervisors of the West Kern Water District apparently did. And they didn’t just wonder; concerned about robberies in the area and following staff training, on July 29, 2011, they decided to test their cashiers by staging an armed robbery of the District’s office.

The supervisors put on quite a show. They kept their plans secret until one of the supervisors entered the District's office wearing a ski mask and sunglasses. He approached cashier Kathy Lee, slammed a paper bag on the counter in front ...

That may be what the NLRB and others are thinking right now. Remember all those rather aggressive decisions made by the NLRB about a couple of years ago? It is as if they never happened. In a unanimous decision, the United States Supreme Court has invalidated all decisions of the NLRB since January 2012, when President Obama appointed 3 of the 5 member NLRB during a time when Congress was convening every 3 days, to July 2013, when the Senate confirmed a 5 member board. In National Labor Relations Board v. Noel Canning, the Supreme Court held that the president lacked authority to make the ...

Finally! The California Supreme Court recently fell in line with the United States Supreme Court on the enforceability of class action waivers in arbitration agreements by upholding their enforceability. Previously, the California Supreme Court had held in Gentry v. Superior Court that class action waivers in employment agreements were invalid in certain circumstances. Subsequently, the United States Supreme Court decided the AT&T Mobility v. Concepcion case, which in effect upheld class action waivers, with the Court reasoning that a state procedure that is incompatible ...

QUESTION: I am an equity receiver and I am setting up a claims procedure. I know some creditors and investors have filed suit against third parties to recover their losses. Can I consider these possible third party recoveries in fashioning the claims procedure and ultimately paying claims? a receiver appointed by a court in California in a contentious case. One of creditors has threatened to sue me in Nevada were he is located. How can this creditor sue me? I am a receiver appointed by the Court!

ANSWER: Yes. This issue is not new but was recently highlighted by the Ninth Circuit in ...

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