Posts from February 2026.
Privacy Returns to the Supreme Court: Geolocation, Video Data & What Clients Should Expect | By: Jeffrey R. Glassman

The U.S. Supreme Court seldom takes up privacy cases, but the 2026 term includes two matters that could have profound implications for how businesses collect, retain, and disclose data. One addresses constitutional limits on modern surveillance, and the other reexamines the application of a legacy privacy statute that has become a focal point for litigation in the digital age.

Geolocation Data & the Fourth Amendment

In Chatrie v. United States, the Court will confront the rising use of geofence warrants, which are search warrants requiring companies to turn over location ...

The Risk of Boilerplate PAGA Waivers in Employment Arbitration Agreements | By: Jared W. Slater

The California Court of Appeal’s decision in LaCour v. Marshalls of CA, LLC is an important reminder that the enforceability of arbitration provisions in Private Attorneys General Act cases turns not only on federal preemption principles but, critically, on what the parties actually agreed to in their contracts and what was reasonably knowable at the time those contracts were drafted. In LaCour, a former loss prevention employee brought a single cause of action for civil penalties under PAGA on behalf of himself, other aggrieved employees, and the State of California, based on ...

California Issues New Minimum Wage Poster | By: Kelly O. Scott

All California employers should display the new minimum wage poster released by the California Department of Industrial Relations. The poster must be posted next to the Industrial Welfare Commission Wage Order that applies to the employer’s business and serves to notify all employees of the current minimum wage. Specifically, the poster states that the minimum wage for all workers, other than certain fast-food workers subject to Part 4.5.5 of Division 2 of the Labor Code and healthcare workers governed by Labor Code section 1182.14, is now $16.90 an hour. The increase is based on ...

What Is the Proper Venue for Filing Financing Statements and Judgment Liens When the Entity Involved Was Formed Out of State? | By: Peter A. Davidson

Q:      I am a receiver for a Delaware LLC who’s business is operated in California and Nevada. A creditor of the LLC has contacted me demanding   that I turnover the proceeds of receivables I have collected, contending it has a perfected security interest in the receivables because it filed UCC-1 financing statements with the Secretaries of State in California and Nevada. The plaintiffs, who got me appointed, contend the creditor is unsecured because it never filed a financing statement in Delaware, despite the fact the LLC has no assets in Delaware and only operates in California and ...

Employment Arbitration Agreement Rollout During Class Action Backfires in Federal Court Case | By: Jared W. Slater

While precedential for federal cases only, the Ninth Circuit’s recent decision in Avery v. TEKsystems, Inc. offers a pointed reminder to California employers that rolling out new mandatory arbitration agreements in the middle of a pending class action – particularly when done through aggressive and one‑sided communications – can result in those agreements being invalidated for the class as a whole. In Avery, a group of California recruiters sued TEKsystems, a staffing company, alleging they were misclassified as exempt and denied overtime, and meal and rest breaks in ...

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