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Law & Beyond provides lawyers and non-lawyers a look at the legal issues of the day.

 

Date of Separation in California

Posted by on Feb 6, 2017 in Family Law, Law & Beyond | Comments Off on Date of Separation in California

Date of Separation in California

What is the legal “date of separation” in California, and why is it important for divorcing couples?  The date of separation generally refers to the date the couple’s marriage “ended”, and is used to determine property rights and spousal support. Impact of Date of Separation California Family Code Section 760, defining community property, provides, “Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.”...

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Private Equity Fund Formation

Posted by on Jan 5, 2017 in Law & Beyond | Comments Off on Private Equity Fund Formation

Private Equity Fund Formation

What is a private equity fund, and how is one formed? A private equity fund is an investment vehicle, whereby capital is used for privately negotiated investments. Types of funds include growth equity, real estate, venture capital, secondary markets, corporate pensions, endowments, wealth funds, and special opportunity.  They are typically structured as fixed-term limited partnerships, wherein the investors (the partners) have agreed to contribute capital to the fund.  In the beginning, the investors typically make unfunded commitments to the...

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California Severely Limits The Use of Choice of Law and Venue Provisions in Employment Contract

Posted by on Jan 5, 2017 in Law & Beyond | 0 comments

California Severely Limits The Use of Choice of Law and Venue Provisions in Employment Contract

Starting January 1, 2017, California Labor Code, Section 925 generally prohibits choice of law or venue provisions in employment contracts for California employees.  Section 925 provides as follows: (a) An employer shall not require an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that would do either of the following: (1) Require the employee to adjudicate outside of California a claim arising in California. (2) Deprive the employee of the substantive protection of California...

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New Wage Laws in California

Posted by on Nov 22, 2016 in Law & Beyond | Comments Off on New Wage Laws in California

New Wage Laws in California

November 22, 2016, San Diego, California – On April 4, 2016, Governor Brown signed Senate Bill (“SB”) 3 into law.  SB 3 incrementally raises California’s minimum wage each year between 2017 and 2022 and also changes what constitutes an “exempt” employee from overtime pay requirements. (Had a bill not been passed, California citizens would have had an opportunity to decide on raising the minimum wage.  The California $15 per hour Minimum Wage Initiative, was certified for the November ballot but then was withdrawn after SB 3 was passed...

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Prop 64 – What Legal Pot Means for California Consumers and Businesses

Posted by on Nov 10, 2016 in Law & Beyond | 0 comments

Prop 64 – What Legal Pot Means for California Consumers and Businesses

San Diego, California, November 10, 2016 – On November 8, 2016, the voters of California passed Proposition 64, known as the Adult Use of Marijuana Act.  What does this mean for businesses and consumers?  First and foremost, licensed businesses can start selling recreational (“nonmedical”) marijuana and any individual over 21 years of age can buy recreational marijuana without a license or prescription, commencing on January 1, 2018. Officials in California estimate it could take a year to establish necessary regulations for the...

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Uber Class Action Update

Posted by on Nov 7, 2016 in Class Actions, Law & Beyond | Comments Off on Uber Class Action Update

Uber Class Action Update

This summer, Uber announced a settlement of the class actions claims against it in California and Massachusetts for a monetary payment of up to $100,000,000.  But the judge overseeing the case rejected the settlement.  Separately, but significantly, a federal appeals court ruled that the arbitration agreements signed by most drivers were enforceable.  So what does this mean for the tens of thousands of people who drive for Uber in California? The Rejected Settlement The class action settlement rejected by the judge included both monetary and...

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Same Sex Divorce in California

Posted by on Oct 27, 2016 in Family Law, Law & Beyond | 0 comments

Same Sex Divorce in California

In June, 2008, the Supreme Court of California ruled that a law prohibiting same sex marriages was a violation of the California Constitution.   Almost immediately after this decision,  many same sex couples were married and received marriage licenses in California.  However, this did not last, because the citizens of California approved Proposition 8 in November, 2008.  Proposition 8 approved an Amendment to the California Constitution, banning same sex marriages.  (This left many same sex couples in legal limbo, because it was unclear if...

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The Habitual Nature of Sexual Harassment

Posted by on Sep 16, 2016 in Law & Beyond | Comments Off on The Habitual Nature of Sexual Harassment

The Habitual Nature of Sexual Harassment

Sexual harassment usually is not an isolated event.  Gretchen Carlson, a former Fox News host, recently filed a lawsuit against (now former) CEO of Fox News, Roger Ailes, alleging causes of action for sexual harassment and retaliatory termination.  Ms. Carlson primarily alleges that Ailes propositioned her on numerous occasions, ogled her, demanded that she turn around so he could view her rear, and used sexually demeaning language.  Ms. Carlson also alleges that Ailes fired her after she continually rebuffed his overtures over a 9-month...

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Uber Drivers: Employees or Independent Contractors

Posted by on Jul 21, 2016 in Class Actions, Law & Beyond | 0 comments

Uber Drivers: Employees or Independent Contractors

Uber recently announced a class action settlement for California and Massachusetts drivers involving a monetary payment of up to $100,000,000.  This lawsuit was the first of several class action lawsuits against Uber. WHY ARE DRIVERS SUING UBER?  The recently settled lawsuit primarily focused on how Uber classifies its drivers. Uber classifies its drivers as independent contractors, but many drivers feel that they should be classified as employees. How a driver is classified is important because it determines whether the driver or Uber is...

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Spokeo: A (sort of) Victory for the Credit Reporting Industry

Posted by on May 18, 2016 in FCRA, Law & Beyond | 1 comment

Spokeo: A (sort of) Victory for the Credit Reporting Industry

After much anticipation, the United States Supreme Court issued its decision in Spokeo, Inc. v. Robins, and – to the relief of credit reporting agencies everywhere – ruled that a bare procedural violation of the Fair Credit Reporting Act (“FCRA”) is not sufficient to satisfy the injury-in-fact requirement of Article III.  Spokeo quickly took to the blogosphere to tout its victory, but it was not a total win for the self-described “people search engine.”  The 6-2 opinion authored by Justice Alito has serious potential to become a thorn in the...

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