Raghu Rao

Lara Shortz shared with Law360 her take on the recent Supreme Court of California decision regarding Proposition 22, which permits app-based companies to classify their drivers as independent contractors rather than employees. Lara noted that while Proposition 22 specifically targets app-based drivers, its framework might inspire similar legal carveouts for other industries and open doors for broader applications, potentially influencing independent contractor classifications in other sectors. Read Lara's insights here: https://lnkd.in/gaintuFH required) #LegalInsights #LaborLaw #Prop22 #MichelmanAndRobinson

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New Ruling on Punitive Damages and Attorney Fees in California Invasion of Privacy Act (CIPA) Case As Thompson Hine has previously reported, the recent surge of privacy claims under the California Invasion of Privacy Act (CIPA) related to using website cookies, pixels, and web beacons continues to impact a several sectors. It has been especially harmful to small businesses. On July 15, Judge Rolf Treu ruled on a preliminary motion in a CIPA lawsuit and concluded that the plaintiff could potentially recover punitive damages and attorney fees. Although this case does not address the merits of whether website tracking technologies are considered pen registers or trap and trace devices under CIPA, plaintiffs may rely on it to demand larger awards and settlements in their CIPA actions. Businesses that deploy these types of online tracking technologies should immediately reassess the legal terms governing the use of their websites and whether they contain favorable dispute resolution provisions, such as remedies available for claims arising from a consumer’s use of the website. View full update here ➡ https://bit.ly/3WjOO3x Steven Stransky I Jennifer Adler #DataPrivacy #PrivacyLaw #ThompsonHine #California

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SF Bay Area Superior Courtroom Technology Status: Here's the scoop on the big 3: 1. San Francisco -- Large monitor with Zoom webcam, reserved for Court use. You cannot connect via HDMI to the existing system. Although you can request to share exhibits via Zoom, the monitor is not adequate for jury/courtroom viewing. A full trial presentation equipment setup is highly recommended. Wi-Fi device (hotspot) recommended. 2. Santa Clara -- Monitors installed, adequate for jury viewing. You cannot connect via HDMI cables. MS Teams is the default remote platform, and evidence may be displayed with it. Not as pretty as Zoom, but it works. Additional monitors for counsel recommended, and Wi-Fi device (hotspot) highly recommended. NOTE: This is for the newer courthouse. If you're assigned to the old courthouse, see #1 above. 3. Alameda -- Monitors installed, -plug and play evidence presentation over Zoom. Laptops are even included on counsel tables. Wi-Fi works fine, although you may want to bring a Wi-Fi device (hotspot) for additional security. Not much needed here, other than trial tech's personal setup, possibly extra audio for depo clips. Might want to add a large projector screen for better viewing. All of these are rolling trials full speed ahead, so make sure you are "Trial Ready" with local support as needed. NorCal trial techs are in high demand right now, and equipment rentals are limited, so plan ahead.

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On Sept. 24, 2024, California Gov. Gavin Newsom signed AB 2426 into law. Beginning Jan. 1, 2025, sellers and advertisers of digital goods in California must conspicuously and explicitly disclose to consumers when a transaction will grant a license to use or access a digital good, rather than provide an unrestricted ownership interest. Read more in this #GTAlert written by edward chansky, Adil Khan and Jacob Langsner: https://bit.ly/41nb28U. #CaliforniaLaw #DigitalGoods #MarketingLaw #AdvertisingLaw #Litigation

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In a victory for California companies seeking to enforce settlements of Private Attorneys General Act claims the California Supreme Court’s August 2 decision in 𝘛𝘶𝘳𝘳𝘪𝘦𝘵𝘢 𝘷. 𝘓𝘺𝘧𝘵, 𝘐𝘯𝘤. confirmed that individuals have no right to intervene in PAGA settlement approvals solely on the basis of having filed a similar PAGA notice. Intervenors in PAGA settlements had become common, a practice that created inefficiency in resolving claims and uncertainty among the parties about whether agreed-upon settlement terms would ultimately get court approval. As a result of the decision, companies seeking court approval of PAGA settlements will no longer face the prospect of other individuals intervening and seeking to undo the parties’ settlement. PAGA is a unique California law that permits allegedly “aggrieved employees” to sue their employers for penalties “on behalf of” the state. Seventy-five percent of penalties recovered in a PAGA action are distributed to the state. The drivers in this case had all sent the required, separate notices to the appropriate California agency stating their intent to pursue PAGA claims against Lyft and filed separate actions in court seeking civil penalties for Lyft’s alleged failure to comply with California’s wage-and-hour requirements. Ultimately, Lyft mediated with one of the drivers and was able to settle her claims via a mediator’s proposal. Upon learning of the settlement, the California agency did not take any action, but other drivers sought to intervene “on behalf of the state” as interested parties. The trial court denied their motions, and the court of appeals affirmed. The California Supreme Court affirmed, reasoning that PAGA only permits a plaintiff to step into the state’s shoes for purposes of commencing an action and not for broader purposes. In doing so, the court reaffirmed several important characteristics of PAGA actions: it is ultimately supposed to be a dispute between the employer and the state to recover penalties for the purposes of addressing present and future violations. It is not intended as a mechanism for employees to redress their own particular past grievances. Note that the Supreme Court granted a limited appeal in this case, choosing to answer only one of many proposed issues and that the briefing and oral argument preceded the extensive PAGA amendments that went into effect last month. We anticipate that PAGA issues will remain hotly litigated in California. If you have any questions about PAGA, contact Scopelitis Attorneys James Hanson, Andy Butcher, Charles Andrewscavage, and Alaina Hawley. . . . . . #transportation #trucking #compliance #supplychain #logistics #trucks #truckingindustry #BIPA #California

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On May 16th, join us for the Copyright Office Comes to California program, hosted by the Intellectual Property Law Section of the California Lawyers Association. Our hybrid (live-stream option available) event, held at the Oracle Conference Center in Redwood Shores, California, is one of the premier IP conferences in the state. Hear from representatives of the Copyright Office, including Register Perlmutter. Learn more and Register here today! >> https://lnkd.in/ggQWWxBu #CopyrightLaw #IntellectualProperty #CLAIPLaw

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On May 16th, join us for the Copyright Office Comes to California program, hosted by the Intellectual Property Law Section of the California Lawyers Association. Our hybrid (live-stream option available) event, held at the Oracle Conference Center in Redwood Shores, California, is one of the premier IP conferences in the state. Hear from representatives of the Copyright Office, including Register Perlmutter. Learn more and Register here today! >> https://lnkd.in/ggQWWxBu #CopyrightLaw #IntellectualProperty #CLAIPLaw

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On May 16th, join us for the Copyright Office Comes to California program, hosted by the Intellectual Property Law Section of the California Lawyers Association. Our hybrid (live-stream option available) event, held at the Oracle Conference Center in Redwood Shores, California, is one of the premier IP conferences in the state. Hear from representatives of the Copyright Office, including Register Perlmutter. Learn more and Register here today! >> https://lnkd.in/ggQWWxBu #CopyrightLaw #IntellectualProperty #CLAIPLaw

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Comprehensive Guide to California Securities Statutes At Bakhtiari & Harrison, we focus on securities law, ensuring our clients navigate the complexities of California’s securities regulations with confidence. Below, we provide a detailed overview of key California Securities Statutes, explaining their significance and application. https://lnkd.in/gZ9XQrQg #investorprotection #finra #bhselaw #investmentfraudlawyer

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Thompson Hine’s Steven Stransky, partner and co-chair of the privacy and cybersecurity practice group, and Kim Sandell, senior counsel recently met with California State Senator Catherine Blakespear to address the surge in data privacy lawsuits affecting small businesses. They discussed the unintended consequences of the California Invasion of Privacy Act (CIPA) on website tracking technologies. Key Points: 🔹 Impact on Small Businesses: CIPA-related lawsuits are financially straining small businesses. 🔹 Legislative Intent: CIPA was meant for telephone surveillance, not internet privacy, which is covered by the California Consumer Privacy Act (CCPA). 🔹 Call for Action: Legislative updates are needed to align CIPA with current privacy laws and protect small businesses. Read full press release here: https://lnkd.in/geDCA2zQ #DataPrivacy #CIPA #SmallBusiness #LegalReform #ThompsonHine

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⚠Don't miss the "Bay Area Legal Hackers Happy Hour," where legal pros and tech enthusiasts delve into law and generative AI. This informal event encourages networking, sharing AI prompts, and discussing AI's practical legal applications. Enjoy creative discussions and lightning round flash talks in a rotating Bay Area venue, fostering legal tech innovation. Check out more in this post by Dazza Greenwood to learn more. 🔔Follow our page Start With WCPGW for updates! #LegalTech #AIinLaw #startwithwcpgw #wcpgw #infosec #security #hardwaresecurity #semiconductor #chip #dataprotection |

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🚨 New California Arbitration Law for Consumer Contracts Takes Effect January 1, 2025 🚨 California's SB 940 introduces major changes to arbitration clauses in consumer contracts, creating compliance challenges for businesses operating in or engaging with California consumers. Here's what you need to know: • Arbitration Location: Claims arising in California must be arbitrated in-state under California law. • Broad Reach: Applies not just to California residents but also to claims tied to activities within the state. Non-compliance could lead to costly litigation in California courts. Industries like e-commerce, telecommunications, and travel are particularly affected, requiring updates to contracts to align with this new law. Through our collaboration with the Law Office of Julia A. Clayton (LOOJAC), we offer unparalleled expertise in navigating California’s complex legal landscape. Whether reviewing contracts or implementing compliance strategies, our team ensures your business is prepared. Stay ahead of regulatory challenges—protect your business today! Read more here: https://lnkd.in/erdEeATY #CaliforniaLaw #SB940 #Arbitration #BusinessCompliance #LegalAdvisory

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State Bar of California recently emailed all active attorneys with the news that the legislature has authorized a few changes to our licensing fees – including fee amount and deadline. Importantly, there are some pieces that impact legal aid attorneys: 1) Attorneys who work at IOLTA-funded nonprofits are still eligible for licensing fees scaling. Employers are able to pay their attorneys' fees through the Agency Billing portal. 2) BIG NEWS! MCLE reporting period has changed!  Are you in MCLE Compliance Group 1? If your last name begins with A-G, your three-year compliance deadline is now March 30, 2025. After this year, compliance groups will have a three-year compliance window beginning February 1 and ending March 30. Read more: https://lnkd.in/geGac6ua

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Judicial Council of California 📰 News Release: Chief Justice Establishes Task Force on AI in California Courts In a groundbreaking move, the Chief Justice has announced the formation of a task force dedicated to exploring the use of generative AI within the California courts. The task force aims to strike a delicate balance between technological advancement and safeguarding public trust. 🤖🔍 🔍 Key Objectives: Preserving Public Trust: The task force will closely examine how AI can enhance court processes while maintaining public confidence in the judicial system. 🏛️ Accountability and Transparency: Ensuring that AI decisions are transparent, accountable, and free from bias will be a top priority. 👀 Privacy Protection: The task force will address privacy concerns related to AI-generated content and data handling. 🔒 🌐 Impact: As AI technologies continue to evolve, the California courts recognize the need to adapt. By proactively addressing these challenges, the task force aims to pave the way for responsible AI integration. 🌟 👥 Composition: The task force will consist of legal experts, technologists, and representatives from various stakeholders, including the public. 👩‍⚖️👨‍💻👥 🗓️ Timeline: The task force will convene in June 2024 and is expected to deliver its recommendations by the end of the year. 📅 Stay tuned for further updates as the task force embarks on this critical mission! 🚀 https://ow.ly/RxgT50RNKAI

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