On April 24, 2025, the California Supreme Court ruled unanimously that a contract provision restricting liability for willful injury was unenforceable under California Civil Code section 1668. This decision was in response to a certified question from the Ninth Circuit.

The underlying case, which was file in 2021, involved a barbecue sauce dispute. New England Country Foods (“NECF”) filed against its manufacturer, VanLaw, and sought $6 million in damages. NECF alleged that VanLaw copied the barbecue sauce at the end of the three-year manufacturing contract and tried to sell ...

            On April 29, 2025, the Ninth Circuit Court of Appeals revived the copyright infringement case filed by Sound and Color, LLC against Sam Smith, Normani, and related parties (collectively, “Defendants”) concerning the hit song "Dancing with a Stranger" by reversing the District Court’s granting of summary judgment in favor of Defendants. In making its decision, the Ninth Circuit affirmed the importance of the jury’s role in assessing substantial similarity.

            Sound and Color initiated a copyright infringement case against Defendants based on its allegation that the ...

In the recent decision of Bradsbery v. Vicar Operating, Inc., a California appellate court addressed the enforceability of prospective written meal period waivers for employees working shifts between five and six hours. The court affirmed that such waivers are valid under the California Labor Code and applicable Industrial Welfare Commission (IWC) Wage Orders, provided they are mutual, voluntary, and revocable at any time.

In the Bradsbery case, two former employees of Vicar Operating, Inc., a veterinary hospital operator, filed a class-action lawsuit alleging that the ...

Q: I am involved in pending litigation and would like to get a receiver appointed. The facts of the case, however, don’t exactly fit into the types of cases enumerated in Cal. Civ. Pro. Code §564(b). Is there some other bases for getting a receiver appointed?

A: Depending on the facts, there are many types of cases where a receiver can be appointed that are not specified in §564(b). Many are statutory. For example: to enforce an order of the family court, Cal. Fam. Code §290; to deal with health and safety code violations, Cal. Health & Safety Code § 17980(c); in unfair competition cases,  ...

On April 17, 2025, FDA Commissioner Martin Makary announced a policy directive to limit industry representatives, who are employed by companies regulated by FDA from serving as official members on FDA advisory committees. FDA advisory committees have historically been used by FDA to obtain independent expert advice and recommendations on scientific and technical policy decisions.

FDA’s news release states: “Today’s action will not preclude employees of regulated companies from attending or presenting their views at advisory committee meetings or serving as ...

On April 22, 2025, the  U.S. Department of Health and Human Services (“HHS”) and U.S. Food and Drug Administration (“FDA”) announced new measures to phase out all petroleum-based synthetic dyes from the U.S. food supply.

FDA actions include:

• Establishing a national standard and timeline for the food industry to transition from petrochemical-based dyes to natural alternatives.
• Initiating the process to revoke authorization for two synthetic food colorings—Citrus Red No. 2 and Orange B—within the coming months.
• Working with industry to eliminate six remaining ...

On April 10, 2025, the FDA held a public webinar on the updated criteria for companies to use the “healthy” nutrient content claim. This webinar tracked the final rule issued on December 27, 2024.

The updated criteria for a “healthy” nutrient content claim requires that a food product: (1) contain a certain amount of food from at least one of the food groups or subgroups recommended by the Dietary Guidelines for Americans (fruit, vegetables, grains, fat-free and low-fat dairy and protein foods), and (2) meet specific limits for added sugars, saturated fat and sodium.

The ...

Less than a year ago, the California Supreme Court in Ramirez v. Charter Communications, Inc. opined, in the context of employment arbitration agreements, that there is no bright line rule that requires a court to refuse enforcement if a contract has more than one unconscionable term.  Rather, the appropriate inquiry is qualitative.  “At the outset, a court should ask whether the central purpose of the contract is tainted with illegality. [Citations]. If so, the contract cannot be cured, and the court should refuse to enforce it.”  This ruling gave lower courts the power to ...

The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments. 

The Second District Court of Appeals in California in Leeper v. Shipt, Inc. recently decided that all Private Attorney General Act (“PAGA”) actions necessarily have “individual” and “representative” components, regardless of whether individual claims are pleaded.  This holding was significant because employers could then compel arbitration of the otherwise absent individual PAGA claims ...

The Private Attorneys General Act of 2004 (“PAGA”) was intended to allow employees to bring actions on behalf of the State of California against employers who failed to comply with Labor Code sections that were considered underenforced. This well-intentioned goal ultimately became a wrecking ball, tearing down California employers with an onerous penalty scheme that could cripple the average employer.

After a concerted effort to amend the PAGA statute last year via ballot initiative, the California Legislature compromised with California businesses and passed reforms