Employers often rely on multiple onboarding documents to establish an employee’s obligation to arbitrate employment-related disputes.  Unfortunately, that approach can invite a challenge from employees who argue that inconsistencies among the documents defeat mutual assent and void an agreement to arbitrate.  In that context, the California Court of Appeal’s recent decision in Santana v. Studebaker Health Care Center, LLC highlights the line between “ambiguity,” which courts resolve through contract interpretation, and “uncertainty,” which can actually ...

West Hollywood has taken initial steps towards protecting a broader range of family structures from discrimination. Last month, the City Council unanimously voted 5-0 to introduce an ordinance that would make it illegal to discriminate against someone based on their family or relationship structure, including individuals in multi-partner families, and consensually non-monogamous and polyamorous relationships. If adopted, the ordinance would prohibit discrimination based on an individual’s family or relationship structure in housing, local businesses, city ...

Q:      I was just appointed receiver by a state court in California. The entity involved is incorporated in New Jersey. I have heard the entity may file bankruptcy in New Jersey. Can it properly do so given my appointment?                   

A:      It depends. Among the key factors are: what you have been appointed receiver over; what the order of appointment provides; what steps you have taken since your appointment; and timing.

          This issue was explored in a recent Third Circuit case involving similar issues. In re Whittaker, Clark & Daniels, Inc., 152 F. 4th 432 (4th Cir. 2025) (“Whittaker”). Whittaker, Clark & ...

The Ninth Circuit Court of Appeal’s decision in Sandler v. Modernizing Medicine, Inc. holds that, in employment arbitration agreements governed by the Federal Arbitration Act (“FAA”), a properly drafted delegation clause (appointing an arbitrator, not a judge, to decide challenges to the agreement’s validity) will be upheld. The decision states that it is legal error to rely on California appellate decisions that apply state law to treat boilerplate severability clauses as sufficient to strip a clear delegation provision of its power.

In Sandler, the employee brought ...