Posts from October 2019.
California Bans Mandatory Employment Arbitration Agreements

Effective January 1, 2020, Assembly Bill 51 will prohibit employers from requiring employees to waive forum or procedure rights under the Fair Employment and Housing Act or the Labor Code in favor of arbitration as a condition of employment, continued employment or the receipt of any employment-related benefit. AB 51 also prohibits an employer from retaliating against any employee who refuses to consent to the waiver of such rights. For the sake of clarity, the new law states that an agreement that permits an opt-out of a waiver or which requires any affirmative action on the part of the ...

Ask the Receiver: Can you be liable for your opponent's attorney's fees if you lose a receivership motion?

Q: I am a partner in a partnership. Because of what I contend were misdeeds and mismanagement by the managing partner, I filed suit to dissolve the partnership and for damages. I immediately filed a motion to have a receiver appointed to run the partnership business and safeguard the partnership assets during litigation. Unfortunately, the judge denied my motion because she stated receiverships are harsh and costly remedies and that at such an early stage in the proceeding a receivership was premature. My partner has now filed a motion seeking attorney’s fees based on his ...

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